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Regulatory Encounters: Multinational Corporations and American Adversarial Legalism (California Series in Law, Politics, and Society)
Regulatory Encounters reports on a path-breaking study of how government regulation of business in the United States differs in practice from regulation in other economically advanced democracies. In each of ten in-depth case studies, the contributors to this volume compare a particular multinational corporation's experience with parallel regulatory regimes in the United States and in Japan, Canada, Great Britain, Germany, The Netherlands, and the European Union, noting precisely which regulatory precautions were actually implemented in each country. The regulatory systems analyzed include aspects of environmental protection, product safety, debt collection, employees' rights, and patent protection. The studies in Regulatory Encounters indicate that the adversarial and legalistic character of American regulation imposes higher costs and delays on economic activity than comparable regulatory regimes in other economically advanced democracies, and often does not generate higher levels of protection for the public. .
Price: $0.99
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Adversarial Reasoning: Computational Approaches to Reading the Opponent's Mind
The rising tide of threats, from financial cybercrime to asymmetric military conflicts, demands greater sophistication in tools and techniques of law enforcement, commercial and domestic security professionals, and terrorism prevention. Concentrating on computational solutions to determine or anticipate an adversary's intent, Adversarial Reasoning: Computational Approaches to Reading the Opponent's Mind discusses the technologies for opponent strategy prediction, plan recognition, deception discovery and planning, and strategy formulation that not only applies to security issues but also to game industry and business transactions. Addressing a broad range of practical problems, including military planning and command, military and foreign intelligence, antiterrorism, network security, as well as simulation and training systems, this reference presents an overview of each problem and then explores various approaches and applications to understand the minds and negate the actions of your opponents. The techniques discussed originate from a variety of disciplines such as stochastic processes, artificial intelligence planning, cognitive modeling, robotics and agent theory, robust control, game theory, and machine learning, among others. The beginning chapters outline the key concepts related to discovering the opponent's intent and plans while the later chapters journey into mathematical methods for counterdeception. The final chapters employ a range of techniques, including reinforcement learning within a stochastic dynamic games context to devise strategies that combat opponents. By answering specific questions on how to create practical applications that require elements of adversarial reasoning while also exploring theoretical developments, Adversarial Reasoning: Computational Approaches to Reading the Opponent's Mind is beneficial for practitioners as well as researchers..
Price: $68.35
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Adversarial Legalism: The American Way of Law
American methods of policy implementation and dispute resolution are more adversarial and legalistic when compared with the systems of other economically advanced countries. Americans more often rely on legal threats and lawsuits. American laws are generally more complicated and prescriptive, adjudication more costly, and penalties more severe. In a thoughtful and cogently argued book, Robert Kagan examines the origins and consequences of this system of "adversarial legalism." Kagan describes the roots of adversarial legalism and the deep connections it has with American political institutions and values. He investigates its social costs as well as the extent to which lawyers perpetuate it. Ranging widely across many legal fields, including criminal law, environmental regulations, tort law, and social insurance programs, he provides comparisons with the legal and regulatory systems of western Europe, Canada, and Japan that point to possible alternatives to the American methods. Kagan notes that while adversarial legalism has many virtues, its costs and unpredictability often alienate citizens from the law and frustrate the quest for justice. This insightful study deepens our understanding of law and its relationship to politics in America and raises valuable questions about the future of the American legal system. .
Price: $21.88
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Non-Adversarial Communication: Speaking and Listening from the Heart
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Adversarial Legal Writing and Oral Argument (University Casebook Series)
Highlights of this offering from Murray and DeSanctis' Legal Research and Writing include: Use of the TREAT paradigm and the doctrine of explanatory synthesis which are superior rhetorical devices to maximize the persuasive potential of adversarial legal writing; Multiple annotated samples of each form of work product (pre-trial motions to dismiss and motions for summary judgment, a writ petition, and appellate briefs) rather than offering one or two unannotated model briefs; An in-depth analysis of oral argument and moot court skills and strategies; Written by law professors with substantial experience in litigation in trial and appellate courts, one of whom is a former member of a national champion moot court team; Well suited for use in a second semester Introduction to Advocacy or Legal Writing course, or an upper division trial and appellate advocacy or advanced writing course..
Price: $29.99
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Adversarial Justice: America's Court System on Trial
Oh, those lawyers!
The legal profession in fact, the legal system certainly has a poor reputation in the United States. Proposed remedies, however, rarely go as deep as the ethics of the system. America's judicial system should not be a game that anyone can win, regardless of actual guilt or liability. Ted Kubicek, JD, describes the problems and proposes solutions. Above all, he condemns the adversary system of justice which is used to evade the truth and which makes winning the paramount goal.
Dr. Kubicek postulates that the attorney-client privilege of communication makes the truth more difficult, even impossible, to determine. The adversary system goes hand in hand with the privilege of communication since neither can exist without the other.
He advocates moving instead to an inquisitorial system, in which truth is the goal of both parties, not just of the party that would gain thereby. He then shows how the elimination of adversaryism would automatically remedy other problems endemic to the system of justice, too, such as the passiveness of trial judges and juries.
Scrapping the adversary system would abolish trial and pretrial procedures and evidentiary rules that confuse law enforcement and trial participants alike. Criminal verdicts would not then depend upon confusing evidentiary or technical matters having no connection to the guilt or innocence of the accused.
This book is intended to encourage the legal profession, the judiciary, and the organized bar to remedy America's counter-productive judicial procedures. The argument will also interest anyone who has ever had to go to trial.
A practicing lawyer for 39 years, Kubicek here attacks the American adversarial system of criminal justice as a system that allows too many of the guilty to escape unpunished and urges the adoption of an inquisitorial system in which all parties are enjoined to seek the truth, thus eliminating what he sees as the contradiction between attorney's duties to serve as a zealous advocate and their duties as officers of the court. Other recommendations include eliminating attorney-client privilege, eliminating exclusionary rules concerning illegally obtained evidence, and putting voir dire and jury selection entirely in the hands of judges. --Book News.
Price: $23.95
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American Bar Association Section of Litigation Readings on Adversarial Justice: The American Approach to Adjudication (American Casebooks)
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