The Tools Of Argument

Author: Joel P Trachtman
Publisher: CreateSpace
ISBN: 9781481246385
Size: 23.16 MB
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Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.

International Economic Law And Governance

Author: Julien Chaisse
Publisher: Oxford University Press
ISBN: 0191084131
Size: 52.66 MB
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Nation states have long and successfully claimed to be the proper and sovereign forum for determining a country's international economic policies. Increasingly, however, supranational and non-governmental actors are moving to the front of the stage. New forms of multilateral and global policy-making have emerged, including states and national administrations, key international organizations, international conferences, multinational enterprises, and a wide range of transnational pressure groups and NGOs that all claim their share in exercising power and influence on international and domestic policy-making. In honour of Professor Mitsuo Matsushita's intellectual contributions to the field of international economic law, this volume reflects on the current state and the future of international economic law. The book addresses a broad spectrum of themes in contemporary international economic regulations and focuses specifically on the significant areas of Professor Matsushita's scholarship, including the rise of the soft-law mechanism in international economic regulation, the role of the WTO and dispute settlement, and specific areas such as competition, subsidies, anti-dumping, intellectual property, and natural resources. Part one of the volume provides a comprehensive and critical analysis of the rule-based international dispute settlement mechanisms; Part two investigates the normative influences to and from WTO law; and Part three focuses on policy and law-making issues.

Trade Law Domestic Regulation And Development

Author: Joel P Trachtman
Publisher: World Scientific
ISBN: 9814635731
Size: 52.33 MB
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Trade Law, Domestic Regulation and Development is about the relationship between trade, regulation and development. By combining law and economics perspectives on the international trading system, Trachtman takes an interdisciplinary approach in analyzing the topic of globalization and economic development. In a developing economy, as globalization proceeds, a critical factor is the relationship between liberalization of movement of goods, services, and people, on the one hand, and the right to regulate, including the right to regulate for development, on the other hand. In the context of market access, all countries need the right to restrict imports of goods or services that may hurt consumers or the broader society, and developing countries sometimes need the ability to subsidize their own goods and services, or sometimes to restrict imports of goods or services, in order to promote development. Nonetheless, both developed and developing countries often fall into the trap of regulating for protectionist or corrupt reasons. Finding the right balance between market access and regulation is the subject of analysis in this collected volume of 16 papers by Trachtman, and presented in a manner that is accessible and interesting to both law and economics readers. In Trachtman's own words, "The purpose of [international] trade law in this context [globalization] seems to be to allow states to agree to avoid creating these inefficient policy externalities, not to force all states to dance to the same tune." Errata(s) Errata (24 KB) Contents:IntroductionTrade Law and Domestic Regulation:Philippines — Taxes on Distilled Spirits: Like Products and Market Definition (with Damien Neven)Brazil — Measures Affecting Imports of Retreaded Tyres: A Balancing Act (with Chad P Bown)Continued Suspense: EC–Hormones and WTO Disciplines on Discrimination and Domestic Regulation (with Bernard Hoekman)Embedding Mutual Recognition at the WTOIncomplete Harmonization Contracts in International Economic Law: Report of the Panel, China — Measures Affecting the Protection and Enforcement of Intellectual Property Rights, WT/DS362/R, adopted 20 March 2009 (with Kamal Saggi)Canada–Wheat: Discrimination, Non-Commercial Considerations, and the Right to Regulate Through State Trading Enterprises (with Bernard Hoekman)Regulatory Jurisdiction and the WTOThe World Trading System, the International Legal System and Multilevel ChoiceTrade Law and Development:Incorporating Development among Diverse MembersDoing Justice: The Economics and Politics of International Distributive JusticeThe WTO and Development Policy in China and IndiaLegal Aspects of a Poverty Agenda at the WTO: Trade Law and 'Global Apartheid'Systemic Concerns Regarding WTO Law:The WTO CathedralJurisdiction in WTO Dispute SettlementNegotiations on Domestic Regulation and Trade in Services (GATS Article VI): A Legal Analysis of Selected Current IssuesToward Open Recognition? Standardization and Regional Integration under Article XXIV of GATT Readership: Advanced postgraduate students in law taking modules in international trade and developmental economics, and also vice versa. Key Features:Provides a unique economic analysis of legal problems of globalizationExamines the problem of the "right to regulate" in detailExplains the relationship between trade liberalization and developmentKeywords:Trade;WTO;International Law;Globalization;Right to Regulate;Development

The Force Of Logic

Author: Stephen M. Rice
Publisher: Wolters Kluwer Law & Business
ISBN: 1601566107
Size: 34.60 MB
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Have you ever read a legal opinion and come across an odd term like the fallacy of denying the antecedent, the fallacy of the undistributed middle, or the fallacy of the illicit process and wondered how you missed that in law school? You’re not alone: every day, lawyers make arguments that fatally trespass the rules of formal logic—without realizing it—because traditional legal education often overlooks imparting the practical wisdom of ancient philosophy as it teaches students how to “think like a lawyer.” In his book, The Force of Logic: Using Formal Logic as a Tool in the Craft of Legal Argument, lawyer and law professor Stephen M. Rice guides you to develop your powers of legal reasoning in a new way, through effective tips and tactics that will forever change the way you argue your cases. Rice contends that formal logic provides tools that help lawyers distinguish good arguments from bad ones and, moreover, that they are simple to learn and use. When you know how to recognize logical fallacies, you will not only strengthen your own arguments, but you will also be able to punch holes in your opponent’s—and that can make the difference between winning and losing. In this book, Rice builds on the theoretical foundation of formal logic by demonstrating logical fallacies through the use of anecdotes, examples, graphical illustrations, and exercises for you to try that are derived from common case documents. It is a hands-on primer that presents a practical approach for understanding and mastering the place of formal logic in the art of legal reasoning. Whether you are a lawyer, a judge, a scholar, or a student, The Force of Logic will inspire you to love legal argument, and appreciate its beauty and complexity in a brand new way.

Aba Journal

Author:
Publisher:
ISBN:
Size: 80.75 MB
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The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

The Trial Lawyer

Author: David Berg
Publisher: American Bar Association
ISBN: 9781590315897
Size: 40.60 MB
Format: PDF, Kindle
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"Each arena has its Michael Jordan. In the courtroom, it is David Berg. And Berg has taken this natural talent and time-honed skill to a new level as he unlocks certain secrets that have catapulted him to the top of his profession. What most have considered his "magic," he explains as common sense practice. This book should be a required text at every law school. Those in the legal profession should not just read this, they should study it. The difference it will make in case results more than pays for the book, over and over again." W. Mark Lanier, The Lanier Law Firm, Houston, TX "My father made his living as a lawyer. My elder brother used to practice his cross-examination technique on me and thus rose to be Australia's attorney-general. It might be said that I grew up with the law. But I can swear on a stack of bibles that I have never read a book about the nuts and bolts of forensic skill, about how to win cases and influence judges and juries, as expert, perceptive, precise and, often, as outright funny as David Berg's. I hope that I never need the professional services to which his book is a guide, but if I do I pray my defender will have read and memorized every last word of it." Robert Hughes, Author of the Fatal Shore Former art critic of Time magazine "I think of David as a people's trial lawyer in the Clarence Darrow tradition. He has tried almost every type of case from murder to patent infringement. He has an ability to persuade jurors that is the equal of any practitioner I know. The Trial Lawyer shows how it can be done." Morris Dees, Southern Poverty Law Center, Montgomery, AL "I wrote this book out of the fear that the great war stories of the next generation of trial lawyers would begin, `And then, I looked that mediator in the eyes and I said'...

Congressional Record

Author: United States. Congress
Publisher:
ISBN:
Size: 69.70 MB
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The Congressional Record is the official record of the proceedings and debates of the United States Congress. It is published daily when Congress is in session. The Congressional Record began publication in 1873. Debates for sessions prior to 1873 are recorded in The Debates and Proceedings in the Congress of the United States (1789-1824), the Register of Debates in Congress (1824-1837), and the Congressional Globe (1833-1873)