The Gridlock Economy: How Too Much Ownership Wrecks Markets, Stops Innovation, and Costs Lives
Michael A. Heller - 2008
Why can’t we build them? 50 patent owners are blocking a major drug maker from creating a cancer cure. Why won’t they get out of the way? 90% of our broadcast spectrum sits idle while American cell phone service lags far behind Japan’s and Korea’s. Why are we wasting our airwaves? 98% of African American–owned farms have been sold off over the last century. Why can’t we stop the loss? All these problems are really the same problem—one whose solution would jump-start innovation, release trillions in productivity, and help revive our slumping economy.Every so often an idea comes along that transforms our understanding of how the world works. Michael Heller has discovered a market dynamic that no one knew existed. Usually, private ownership creates wealth, but too much ownership has the opposite effect—it creates gridlock. When too many people own pieces of one thing, whether a physical or intellectual resource, cooperation breaks down, wealth disappears, and everybody loses. Heller’s paradox is at the center of The Gridlock Economy. Today’s leading edge of innovation—in high tech, biomedicine, music, film, real estate—requires the assembly of separately owned resources. But gridlock is blocking economic growth all along the wealth creation frontier.A thousand scholars have applied and verified Heller’s paradox. Now he takes readers on a lively tour of gridlock battlegrounds. Heller zips from medieval robber barons to modern-day broadcast spectrum squatters; from Mississippi courts selling African-American family farms to troubling New York City land confiscations; and from Chesapeake Bay oyster pirates to today’s gene patent and music mash-up outlaws. Each tale offers insights into how to spot gridlock in operation and how we can overcome it.The Gridlock Economy is a startling, accessible biography of an idea. Nothing is inevitable about gridlock. It results from choices we make about how to control the resources we value most. We can unlock the grid; this book shows us where to start.
Employment Law for Business
Dawn D. Bennett-Alexander - 1997
It is intended to instruct students on how to manage effectively and efficiently with full comprehension of the legal ramifications of their decisions. Students are shown how to analyze employment law facts using concrete examples of management-related legal dilemmas that do not present clear-cut solutions. The methods of arriving at resolutions are emphasized, so that when the facts of the workplace problem are not quite the same, the student can still reach a good decision based on the legal considerations required by law, which remain relevant.
Beyond Winning: Negotiating to Create Value in Deals and Disputes
Robert Mnookin - 2000
Yet when clients call in the lawyers to haggle over who gets how much of the pie, traditional hard-bargaining tactics can lead to ruin. Too often, deals blow up, cases don't settle, relationships fall apart, justice is delayed. Beyond Winning charts a way out of our current crisis of confidence in the legal system. It offers a fresh look at negotiation, aimed at helping lawyers turn disputes into deals, and deals into better deals, through practical, tough-minded problem-solving techniques.In this step-by-step guide to conflict resolution, the authors describe the many obstacles that can derail a legal negotiation, both behind the bargaining table with one's own client and across the table with the other side. They offer clear, candid advice about ways lawyers can search for beneficial trades, enlarge the scope of interests, improve communication, minimize transaction costs, and leave both sides better off than before. But lawyers cannot do the job alone. People who hire lawyers must help change the game from conflict to collaboration. The entrepreneur structuring a joint venture, the plaintiff embroiled in a civil suit, the CEO negotiating an employment contract, the real estate developer concerned with environmental hazards, the parent considering a custody battle--clients who understand the pressures and incentives a lawyer faces can work more effectively within the legal system to promote their own best interests. Attorneys exhausted by the trench warfare of cases that drag on for years will find here a positive, proven approach to revitalizing their profession.
The Firm, the Market, and the Law
Ronald H. Coase - 1988
Coase has been, even though, as he admits, "most economists have a different way of looking at economic problems and do not share my conception of the nature of our subject." Coase's particular interest has been that part of economic theory that deals with firms, industries, and markets—what is known as price theory or microeconomics. He has always urged his fellow economists to examine the foundations on which their theory exists, and this volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics."These essays bear rereading. Coase's careful attention to actual institutions not only offers deep insight into economics but also provides the best argument for Coase's methodological position. The clarity of the exposition and the elegance of the style also make them a pleasure to read and a model worthy of emulation."—Lewis A. Kornhauser, Journal of Economic LiteratureRonald H. Coase was awarded the Nobel Prize in Economic Science in 1991.
The Forgotten Presidents: Their Untold Constitutional Legacy
Michael J. Gerhardt - 2013
They conjure up not the White House so much as a decaying middle school somewhere in New Jersey. But many forgotten presidents, writes Michael J. Gerhardt, were not weak or ineffective. They boldly fought battles over constitutional principles that resonate today.Gerhardt, one of our leading legal experts, tells the story of The Forgotten Presidents. He surveys thirteen administrations in chronological order, from Martin Van Buren to Franklin Pierce to Jimmy Carter, distinguishing political failures from their constitutional impact. Again and again, he writes, they defied popular opinion to take strong stands. Martin Van Buren reacted to an economic depression by withdrawing federal funds from state banks in an attempt to establish the controversial independent treasury system. His objective was to shrink the federal role in the economy, but also to consolidate his power to act independently as president. Prosperity did not return, and he left office under the shadow of failure. Grover Cleveland radically changed his approach in his second (non-consecutive) term. Previously he had held back from interference with lawmakers; on his return to office, he aggressively used presidential power to bend Congress to his will. Now seen as an asterisk, Cleveland consolidated presidential authority over appointments, removals, vetoes, foreign affairs, legislation, and more. Jimmy Carter, too, proves surprisingly significant. In two debt-ceiling crises and battles over the Panama Canal treaty, affirmative action, and the First Amendment, he demonstrated how the presidency's inherent capacity for efficiency and energy gives it an advantage in battles with Congress, regardless of popularity.Incisive, myth-shattering, and compellingly written, this book shows how even obscure presidents championed the White House's prerogatives and altered the way we interpret the Constitution.
Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence
Martha Minow - 1998
Martha Minow, a Harvard law professor and one of our most brilliant and humane legal minds, offers a landmark book on our attempts to heal after such large-scale tragedy. Writing with informed, searching prose of the extraordinary drama of the truth commissions in Argentina, East Germany, and most notably South Africa; war-crime prosecutions in Nuremberg and Bosnia; and reparations in America, Minow looks at the strategies and results of these riveting national experiments in justice and healing.
Homeward: Life in the Year After Prison
Bruce Western - 2018
In these circumstances, how do former prisoners navigate reentering society? In Homeward, sociologist Bruce Western examines the tumultuous first year after release from prison. Drawing from in-depth interviews with over one hundred individuals, he describes the lives of the formerly incarcerated and demonstrates how poverty, racial inequality, and failures of social support trap many in a cycle of vulnerability despite their efforts to rejoin society.Western and his research team conducted comprehensive interviews with men and women released from the Massachusetts state prison system who returned to neighborhoods around Boston. Western finds that for most, leaving prison is associated with acute material hardship. In the first year after prison, most respondents could not afford their own housing and relied on family support and government programs, with half living in deep poverty. Many struggled with chronic pain, mental illnesses, or addiction—the most important predictor of recidivism. Most respondents were also unemployed. Some older white men found union jobs in the construction industry through their social networks, but many others, particularly those who were black or Latino, were unable to obtain full-time work due to few social connections to good jobs, discrimination, and lack of credentials. Violence was common in their lives, and often preceded their incarceration. In contrast to the stereotype of tough criminals preying upon helpless citizens, Western shows that many former prisoners were themselves subject to lifetimes of violence and abuse and encountered more violence after leaving prison, blurring the line between victims and perpetrators.Western concludes that boosting the social integration of former prisoners is key to both ameliorating deep disadvantage and strengthening public safety. He advocates policies that increase assistance to those in their first year after prison, including guaranteed housing and health care, drug treatment, and transitional employment. By foregrounding the stories of people struggling against the odds to exit the criminal justice system, Homeward shows how overhauling the process of prisoner reentry and rethinking the foundations of justice policy could address the harms of mass incarceration.
Song in a Weary Throat: Memoir of an American Pilgrimage
Pauli Murray - 1987
Arrested in 1940 for sitting in the whites-only section of a Virginia bus, Murray propelled that life-defining event into a Howard law degree and a fight against “Jane Crow” sexism. Her legal brilliance was pivotal to the overturning of Plessy v. Ferguson, the success of Brown v. Board of Education, and the Supreme Court’s recognition that the equal protection clause applies to women; it also connected her with such progressive leaders as Eleanor Roosevelt, Thurgood Marshall, Betty Friedan, and Ruth Bader Ginsberg. Now Murray is finally getting long-deserved recognition: the first African American woman to receive a doctorate of law at Yale, her name graces one of the university’s new colleges. Handsomely republished with a new introduction, Murray’s remarkable memoir takes its rightful place among the great civil rights autobiographies of the twentieth century.
Murdered by Mumia: A Life Sentence of Loss, Pain, and Injustice
Maureen Faulkner - 2007
Mumia Abu-Jamal was unanimously convicted of the crime by a racially mixed jury based on: the testimony of several eyewitnesses, his ownership of the murder weapon, matching ballistics, and Abu-Jamal’s own confession.After his conviction, however, a national anti-death penalty movement was started to “Free Mumia;” Mike Farrell, Ed Asner, Whoopi Goldberg, and Jesse Jackson rallied on his behalf, and led the charge. For his part, while on death row, Abu-Jamal published several books, delivered radio commentaries, was a college commencement speaker, found himself named an Honorary Citizen of France, and had his defense coffers enhanced by ticket sales from a sold out (16,000-person) concert featuring Rage Against the Machine.Here, from Maureen Faulkner and acclaimed talk show host / journalist Michael Smerconish, is the first book to carefully and definitively lay out the case against Abu-Jamal, and those who’ve elevated him to the status of political prisoner. Smerconish, a lawyer, has provided pro bono legal counsel to Faulkner for over a decade and knows both the legal intricacies and personal subtleties of the case like no other person. He’s personally acquainted himself with the more than five thousand pages of trial transcript. “My reading starkly revealed that Abu-Jamal murdered Danny Faulkner in cold blood and that the case tried in Philadelphia in 1982 bore no resemblance to the one being home-cooked by the Abu-Jamal defense team.”As Abu-Jamal’s lawyers contemplate their final appeal, Faulkner and Smerconish weave a compelling, never-before-told account of one fateful night and the 25-year-long rewriting of history.
The U.S. Constitution: A Reader
Hillsdale College Politics Faculty - 2012
Constitution: A Reader was developed for teaching the core course on the U.S. Constitution at Hillsdale College. Divided into eleven sections with introductions by members of Hillsdale's Politics Department faculty, readings cover the principles of the American founding; the framing and structure of the Constitution; the secession crisis and the Civil War; the Progressive rejection of the Constitution; and the building of the administrative state based on Progressive principles.
Criminal Law
Joel Samaha - 2007
With a balanced blend of case excerpts and author commentary, Samaha guides you as you hone your critical thinking and legal analysis skills. You'll see the principles, defenses, and elements of crime at work as you progress through the book-and you'll learn about the general principles of criminal liability and its defenses, as well as the elements of crimes against persons property, society, and crimes against the state. Featuring the latest topics and court cases, as well as many study tools to help you do well in this course, Samaha's CRIMINAL LAW is a text you will want to keep as a valuable reference even after you graduate and begin your career in the criminal justice field of your choosing.
Madame Prosecutor: Confrontations with Humanity's Worst Criminals and the Culture of Impunity
Carla Del Ponte - 2008
In 1999, she answered the United Nations' call to become the chief prosecutor of the International Criminal Tribunal for the former Yugoslavia and for Rwanda. In her new role, Del Ponte confronted genocide and crimes against humanity head-on, struggling to bring to justice the highest-ranking individuals responsible for massive acts of violence in Rwanda, Bosnia and Herzegovina, Croatia, and Kosovo.These tribunals have been unprecedented. They operate along the edge of the divide between national sovereignty and international responsibility, in the gray zone between the judicial and the political, a largely unexplored realm for prosecutors and judges. It is a realm whose native inhabitants-political leaders and diplomats, soldiers and spies-assume that they can commit the big crime without being held culpable. It is a realm crisscrossed by what Del Ponte calls the muro di gomma -"the wall of rubber"- a metaphor referring to the tactics government officials use to hide their unwillingness to confront the culture of impunity that has allowed persons responsible for acts of unspeakable, wholesale violence to escape accountability. Madame Prosecutor is Del Ponte's courageous and startling memoir of her eight years spent striving to serve justice.
Crime and Punishment in America
Elliott Currie - 1998
The national incarceration rate in 1997 was twice that in 1985. California's prison system has become the third largest in the world. And despite some limited recent declines in crime rates, we remain by far the most violent industrial society on earth.Though our massive investment in the prison system has not resulted in enduring public safety, politicians and the media continue to insist that America's unique problem of violence is the result of a lenient society "soft" on criminals; that incarcerating an ever-larger proportion of our population is a "social program that works;" and that all other approaches to crime--from prevention to rehabilitation--have failed. Nationally acclaimed criminologist Elliott Currie dissects these myths in a groundbreaking book that is already changing the terms of the current debate.
Liberalism and Democracy
Norberto Bobbio - 1985
This book scrupulously investigates the reason for this alliance and the sources of its tensions, providing a lucid and succinct introduction to some of the subject’s central concepts and concerns.
How To Be A Landlord: The Definitive Guide to Letting and Managing Your Rental Property
Rob Dix - 2017
By the author of the UK’s most popular property book, The Complete Guide To Property Investment. Please note that this book only covers letting and management of a property you already own. For a guide to buying the right property in the first place, you should buy ‘The Complete Guide To Property Investment’. Take a property, throw in a tenant and watch the money roll in. This seemingly simple formula has attracted nearly two million people in the UK to become landlords, but the reality is a whole lot more complicated. Did you know, for example, that if you forget to provide a certain piece of paper you might be unable to evict a tenant – even if they don’t pay the rent? Or that you could be fined for not checking your tenant’s immigration status? And don’t forget the inevitable broken boilers, mysterious leaks and various tenant complaints that always seem to happen at the most inconvenient time. How To Be A Landlord is a straightforward guide to everything involved in letting and managing a property – whether you’re an accidental landlord or an enthusiastic investor. In simple and entertaining language, it covers important steps like preparing the property to let, advertising for tenants, conducting viewings, doing all the paperwork, managing the tenancy, and dealing with any tricky situations that crop up (including the dreaded emergency repairs and evictions…). You’ll learn: • How to set yourself up for success when preparing a property to let • Where to find the perfect tenants for your property • The essential checks you must make to avoid a nightmare tenant • Everything you need to do when setting up a tenancy to avoid problems later • How to deal with the most common maintenance issues and repairs • The proper legal processes to follow when you have troublesome tenants • Top tips from experienced landlords for how to look after your tenants – keeping them happy, your property safe, and the rent rolling in Frequently updated and with contributions from over 50 experienced landlords, this is the most current and comprehensive book on the subject – and essential reading for anyone who wants a simple, profitable life as a landlord.