|
Professor Ribstein discusses "The Law Market" at American Enterprise Institute
Professor Larry Ribstein, the Mildred Van Voorhis Jones Chair, will discuss his new book, "The Law Market" with co-author Erin A. O’Hara from Vanderbilt at the American Enterprise Institute in Washington, D.C. on Thursday, January 29. The book explores the concept of law as a product for which people can shop, regardless of geographic borders. Professors Ribstein and O’Hara examine how choice-of-law rules (which determine what substantive law will be applied to a case with different legal jurisdictions) and jurisdictional competition enable law markets to function efficiently. This wide-ranging analysis covers the law market’s implications for topics ranging from corporate governance and business law to marriage.
At the AEI Book Forum, O'Hara and Ribstein will discuss their book and examine choice-of-law issues in significant depth. Max Stearns, Marbury Research Professor of Law at the University of Maryland School of Law, will comment.
|
 |
 |
Professor Morriss’ new book "Regulation by Litigation"
Federal and state regulatory agencies are increasingly making use of litigation as a means of regulation. In this book, Professor Andrew Morriss, the H. Ross and Helen Workman Professor, and his co-authors offer a systematic analysis of the use of litigation to impose substantive regulatory measures, including a public choice-based analysis of why agencies choose to litigate in some circumstances. The book examines three major cases in which litigation was used to achieve regulatory ends: the EPA’s suit against heavy duty diesel engine manufacturers; asbestos and silica dust litigation by private attorneys; and private and state lawsuits against cigarette manufacturers. The authors argue that litigation is an inappropriate means for establishing substantive regulatory provisions, and they conclude by suggesting a variety of reforms to help curb today's growing reliance on such practice.
|
|
Professor Michael Moore publishes "Causation & Responsibility"
Professor Michael Moore, the Charles R. Walgreen, Jr. Chair, published his latest book, "Causation & Responsibility: An Essay in Laws, Morals, and Metaphysics" (Oxford Press). The concept of causation is fundamental to ascribing moral and legal responsibility for events. Yet the relationship between causation and responsibility remains unclear. What precisely is the connection between the concept of causation used in attributing responsibility and the accounts of causal relations offered in the philosophy of science and metaphysics? How much of what we call causal responsibility is in truth defined by non-causal factors? Professor Moore argues that much of the legal doctrine on these questions is confused and incoherent and offers the first comprehensive attempt since Hart and Honore to clarify the philosophical background to the legal and moral debates.
The book first sets out the place of causation in criminal and tort law and then outlines the metaphysics presupposed by the legal doctrine. It then analyses the best theoretical accounts of causation in the philosophy of science and metaphysics, and using these accounts criticizes many of the core legal concepts surrounding causation - such as intervening causation, forseeability of harm and complicity. It considers and rejects the radical proposals to eliminate the notion of causation from law by using risk analysis to attribute responsibility. The result of the analysis is a powerful argument for revising our understanding of the role played by causation in the attribution of legal and moral responsibility.
|
 |
 |
Professor Eric Freyfogle publishes "Wildlife Law: A Primer"
Professor Eric Freyfogle, the Max L. Rowe Professor, co-authored his latest book, Wildlife Law, a comprehensive and readable primer that provides an overview of U.S. wildlife law for a broad audience, including professionals who work with wildlife or who manage wildlife habitat, students across the spectrum of natural resource courses, landowners, developers, hunters, guides, and those associated with the field of private game ranching. This book is the first ever to survey the entire field, covering state and federal law with a strong grounding in wildlife science. The book includes thirteen chapters on topics such as what wildlife law is, what it covers, and what it seeks to achieve; constitutional issues and key federal statutes; wildlife liability issues, from spider bites to escaped zoo animals; state game laws, hunting and fishing rights of Indian tribes; and the Endangered Species Act.
Wildlife Law fills a long-standing gap in the literature and introduces readers to the basics of wildlife law while exploring such current controversies as endangered species protection, tribal fishing rights, game ranches, and the challenges of constructing wildlife corridors. It is a much-needed addition to the bookshelf of everyone working with or concerned about wildlife in the United States.
|
