The Organization of lawyers' Work: Size, Intensity, and Co-Practice of the Fields of Law

1979 ◽  
Vol 4 (2) ◽  
pp. 217-246 ◽  
Author(s):  
Edward O. Laumann ◽  
John P. Heinz
Keyword(s):  
Cross Section ◽  
Legal Doctrine ◽  
Or Groups ◽  
The Law ◽  
Using Data ◽  
Work Size ◽  
Corporate Clients ◽  
Total Effort

Using data from personal interviews with 777 Chicago lawyers, constituting a random cross section of the urban bar, the authors estimate the relative volumes of effort devoted to each of several fields of law, analyze the degree to which practitioners specialize in fields or groups of fields, and examine the patterns of co-practice of the fields. They find that the total effort of the Chicago bar is about evenly divided between work for corporate clients and work for individual clients. They also suggest that, while relatively few lawyers are highly specialized to a particular doctrinal area of the law, most are specialized to the service of the needs of a particular type of client. Exploring possible implications of their findings, the authors speculate that lawyers who are specialized to clients rather than to substantive fields may lack the incentive to devote their resources to the rationalization of legal doctrine.

scholarly journals Introduction: Some ponderings on the use of the law in the writing of histories

2001 ◽  
Vol 16 (2) ◽  
pp. 169-175
Author(s):  
NIMROD HURVITZ ◽  
EDWARD FRAM
Keyword(s):  
Legal Doctrine ◽  
Legal Cases ◽  
Legal Documents ◽  
Historical Significance ◽  
Partial Reconstruction ◽  
The Social ◽  
The Hours ◽  
History Of ◽  
The Subject ◽  
The Law

Professional jurists are often inquisitive about the subject matter of their calling and in the course of their careers may well develop fascinating insights into the law and those who interpret it. Their employers, however, be they governments, corporations, firms, or private clients, rarely show similar enthusiasm for such insights unless the hours spent pondering the social or historical significance of this or that legal view have a contemporary value that justifies the lawyer's fee.Thankfully, other members of society are rewarded for mining the legal records of the past. For legal historians, the search often focuses on the changing legal ideas and how legal doctrine develops over time to meet the changing needs of societies. Yet because the law generally deals with concrete matters – again, because jurists are paid by people who are unlikely to remunerate those who simply while away their hours making up legal cases – it offers a reservoir of information that can be used, albeit with caution, in fields other than just the history of the law.A partial reconstruction of the law of any given time and place is among the more obvious historical uses of legal documents but statutes, practical decisions, and even theoretical texts can be used to advance other forms of the historical endeavour. Legal works often reflect the values both of jurists and society-at-large, for while the law creates social values it is not immune to changes in these very values.

Consent in the law By Deryck Beyleveld and Roger Brownsword, Oxford: Hart Publishing, 2007. 406pp. ISBN 978-1-84113-679-0 £45.00 hardback

2008 ◽  
Vol 4 (4) ◽  
pp. 419-422
Author(s):  
William Lucy
Keyword(s):  
Valuable Contribution ◽  
Legal Doctrine ◽  
Fundamental Feature ◽  
Normative Power ◽  
The Law ◽  
Narrow Area

Deryck Beyleveld and Roger Brownsword’s new book provides an ambitious and thorough account of the role of consent in the law and, also, as a possible basis for law’s authority. Given only a slight familiarity with the previous work of its authors, the volume’s thoroughness and ambition will come as no surprise. The volume does, however, contain some surprises, two of which are particularly worth noting. One surprise, at least to those of us with our noses to the grindstone of a narrow area of legal doctrine, is the near ubiquity of consent in various areas of legal doctrine. The book serves a useful role just by reminding us of this. A second surprise is the complexity of the notion of consent itself, for Beyleveld and Brownsword are intent on determining the normative power of the notion, including the conditions under which that power can be realised, who can realise it and why it should be thought normatively significant. This, too, is a valuable contribution to our thinking about a fundamental feature of the juristic landscape.

Why Psychoanalysis Matters to Law

2017 ◽  
Author(s):  
Anne C. Dailey
Keyword(s):  
Lived Experience ◽  
Criminal Law ◽  
Legal Theory ◽  
Practical Knowledge ◽  
Individual Freedom ◽  
Human Beings ◽  
Legal Doctrine ◽  
Legal Rules ◽  
The Law ◽  
Theoretical Foundations

This chapter describes the contribution contemporary psychoanalysis has to make in three specific areas: legal theory, legal doctrine, and adjudication in the courtroom. Psychoanalysis improves the law’s theoretical foundations by modifying its foundational presumption of rationality. Psychoanalysis also helps to reform legal doctrine by identifying those particular subject matter areas, primarily family law and criminal law, where the law’s presumption of rationality leads to unjust legal rules. With domestic violence as its example, this chapter shows how psychoanalysis offers a body of practical knowledge that humanizes the law by bringing legal rules into line with actual, everyday lived experience. And finally, psychoanalysis reveals the deep tension between the law’s focus on individual moral responsibility for behavior and the law’s objective methods of proof in the courtroom. Psychoanalytic insights into the art of proving what really happened in a case can move law in the direction of a more empathic and forgiving model of judging. Overall, the psychoanalytic study of the law unveils the damaging consequences of the law’s rationalist assumptions about who we are as human beings, and offers an alternative, humanistic perspective in line with law’s foundational ideals of individual freedom and systemic justice.

scholarly journals Cost Burden and Accessibility: Analysis of Indonesian Household Energy Expenditure

2019 ◽  
Vol 8 (1) ◽  
pp. 42-53
Author(s):  
Audhi Ahmad Balya ◽  
Marcella Alika Hutabarat ◽  
Djoni Hartono
Keyword(s):  
Energy Expenditure ◽  
Cross Section ◽  
Energy Cost ◽  
Descriptive Statistics ◽  
Cost Burden ◽  
Energy Poverty ◽  
Statistics Analysis ◽  
Household Energy ◽  
Accessibility Analysis ◽  
Using Data

The Main Objectives of this study are to check whether Indonesian households suffer from energy poverty or not, as well as to determine the accessibility to certain modern energy accesses (LPG and Electricity) and the energy cost burden that Indonesian households must bear. Using data from SUSENAS 2014, this research is conducted by utilizing descriptive statistics analysis and  Cross-Section OLS to achieve the objectives. It was found that there is no single Island Cluster in Indonesia suffers from energy cost burden. There are also differences in accessibility of modern energy and its relation to energy expenditure, especially in Maluku and Papua.

scholarly journals SIPEC: the deep-learning Swiss knife for behavioral data analysis

2020 ◽  
Author(s):  
Markus Marks ◽  
Jin Qiuhan ◽  
Oliver Sturman ◽  
Lukas von Ziegler ◽  
Sepp Kollmorgen ◽  
...  
Keyword(s):  
Deep Learning ◽  
Pose Estimation ◽  
Animal Behavior ◽  
Home Cage ◽  
Complex Environments ◽  
Or Groups ◽  
Multiple Behaviors ◽  
Freely Moving ◽  
Using Data

ABSTRACTAnalysing the behavior of individuals or groups of animals in complex environments is an important, yet difficult computer vision task. Here we present a novel deep learning architecture for classifying animal behavior and demonstrate how this end-to-end approach can significantly outperform pose estimation-based approaches, whilst requiring no intervention after minimal training. Our behavioral classifier is embedded in a first-of-its-kind pipeline (SIPEC) which performs segmentation, identification, pose-estimation and classification of behavior all automatically. SIPEC successfully recognizes multiple behaviors of freely moving mice as well as socially interacting nonhuman primates in 3D, using data only from simple mono-vision cameras in home-cage setups.

The Dilemma of Humanitarian Intervention: The Executive Power of the Law of Nature, After God

1994 ◽  
Vol 29 (2) ◽  
pp. 248-261 ◽  
Author(s):  
John Dunn
Keyword(s):  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Executive Power ◽  
Human Being ◽  
Law Of Nature ◽  
Territorial Jurisdiction ◽  
Or Groups ◽  
The Law

There are at Least Three Possible Types of View about the justifiability of the use of force by states or private individuals on behalf of other private individuals or groups who are the victims of brutal and gratuitous coercion by another state. The first type of view is that no human being, and a fortiori no state, can be justified in using force under any circumstances and for any purpose, because (and only because) force is an intrinsic evil. This unflinchingly deontological view is generous but practically absurd. The second type of view is that states (or even private individuals) can be, and often arc, justified in using force against the brutally coercive actions of another state when, but only when, the latter is acting outside its own territorial jurisdiction. At least in the case of states what grounds that justification is their entitlement to defend themselves against foreign (as against domestic) aggression, and to defend also any other states with whom they have linked themselves either by standing alliances or by solemn common undertakings to secure each other's safety and sovereignty within the bounds of international law. In the case of private individuals, the corresponding justification would lie in their several personal entitlements to defend themselves as best they can against aggression.

Conflict of laws regulation of the international family relations in the Russian Federation (legislation and jurisprudence)

2021 ◽  
pp. 127
Author(s):  
Irina Get’man-Pavlova
Keyword(s):  
Russian Federation ◽  
Large Scale ◽  
Family Relations ◽  
Private International Law ◽  
Legal Doctrine ◽  
Marriage And Family ◽  
Conflict Of Laws ◽  
The Family ◽  
The Russian Federation ◽  
The Law

Russian conflict of laws rules that determine the choice of law applicable to marriage and family relations associated with foreign law and order came into force in 1995 and have been in effect for more than 25 years. Despite the fact that this problem has been studied in great detail in the Russian legal doctrine, the relevance of the analysis of conflict of laws rules set forth in the Family Code of the Russian Federation is by no means exhausted due to the large-scale reform of the rules of Private International Law in the Civil Code of the Russian Federation and the current legislative regulation of international family relations in other States. The article concludes that conflict of laws regulation of the international family relations in the Russian Federation adopted more than 25 years ago needs serious modernization. It is reasonable to carry out the corresponding updating in the following directions: maximum specification of the content of conflict of laws rules for the purpose of more differentiated regulation of the family relations; establishment of a complex and detailed system of the connecting factors aimed at correct determination of the law the most closely connected with the relation and decision-making; the expansion of possibility of choice of the applicable law to divorce and property relations; application of the law the most favorable for a child should become a dominating connecting factor.

Legal Rules for Recovery

2001 ◽  
Author(s):  
Jessica W. Berg ◽  
Paul S. Appelbaum ◽  
Charles W. Lidz ◽  
Lisa S. Parker
Keyword(s):  
Informed Consent ◽  
Legal Theory ◽  
Medical Profession ◽  
Physician Behavior ◽  
Medical Decision ◽  
Legal Doctrine ◽  
Legal Rules ◽  
Judicial Remedy ◽  
The Law ◽  
Injured Patients

This chapter deals with the legal theory and procedural framework under which patients can obtain redress for their injuries resulting from treatment administered in the absence of informed consent. The evolution of the legal doctrine was driven by the demands of patients for redress for injuries, and more attention has been given by courts and legislatures to the questions of when and how compensation might be obtained than to providing guidance for clinicians. In some important respects, the distinction between the law as it applies to the physician engaged in medical decision making with a patient and the law as it applies to that same patient who later seeks compensation in the courts is an artificial one. Insofar as the spirit of informed consent is not embraced voluntarily by the medical profession, but is adhered to in large part to avoid the likely consequences of failure to observe the legal rules, physician behavior will be shaped not only by the rules themselves but also by the way they are enforced. If, for example, the rules governing the means of redress were complex, time-consuming, and unlikely to yield the desired compensation, few injured patients would pursue a judicial remedy. As a result, physicians would eventually realize that adverse consequences were unlikely to follow from a failure to observe the relevant rules and, except to the extent that they had accepted the ethical theory of informed consent, their adherence to the doctrine would crumble. Some critics of the present system contend that this has already happened (see Chapter 7). On the other hand, rules that make recovery easier and more certain would be likely to encourage compliance with the requirements for informed consent. Differential emphasis by the courts on particular kinds of lapses by clinicians might also shape their actions accordingly. For example, the courts’ focus on risk information has led many physicians to tailor disclosure to emphasize risks. Thus, the issues addressed in this chapter, although framed in legal terminology, are important (some would argue crucial) determinants of the ultimate impact of informed consent.

scholarly journals Study of the process $$e^+e^- \rightarrow \eta \pi ^0\gamma $$ in the energy range $$\sqrt{s} = {1.05-2.00}$$ GeV with the SND detector

2020 ◽  
Vol 80 (11) ◽  
Author(s):  
M. N. Achasov ◽  
A. Yu. Barnyakov ◽  
A. A. Baykov ◽  
K. I. Beloborodov ◽  
A. V. Berdyugin ◽  
...  
Keyword(s):  
Energy Range ◽  
Cross Section ◽  
Center Of Mass ◽  
Wide Energy Range ◽  
Mass Energy ◽  
Center Of Mass Energy ◽  
Wide Energy ◽  
Radiation Processes ◽  
Using Data ◽  
First Time

AbstractThe process $$e^+e^-\rightarrow \eta \pi ^0\gamma $$ e + e - → η π 0 γ is studied in the center-of-mass energy range 1.05–2.00 GeV using data with an integrated luminosity of 94.5 $$\hbox {pb}^{-1}$$ pb - 1 collected by the SND detector at the VEPP-2000 $$e^{+}e^{-}$$ e + e - collider. The $$e^+e^-\rightarrow \eta \pi ^0\gamma $$ e + e - → η π 0 γ cross section is measured for the first time. It is shown that the dominant mechanism of this reaction is the transition through the $$\omega \eta $$ ω η intermediate state. The measured cross section of the subprocess $$e^+e^-\rightarrow \omega \eta \rightarrow \eta \pi ^0\gamma $$ e + e - → ω η → η π 0 γ is consistent with previous measurements in the $$e^+e^-\rightarrow \pi ^+\pi ^-\pi ^0\eta $$ e + e - → π + π - π 0 η mode. It is found, with a significance of $$5.6\sigma $$ 5.6 σ , that the process $$e^+e^-\rightarrow \eta \pi ^0\gamma $$ e + e - → η π 0 γ is not completely described by hadronic vector-pseudoscalar intermediate states. The cross section of this missing contribution, which can originate from radiation processes, e. g. $$e^+e^-\rightarrow a_{0}(1450)\gamma $$ e + e - → a 0 ( 1450 ) γ , is measured. It is found to be 15–20 pb in the wide energy range from 1.3 to 1.9 GeV.

scholarly journals Determination of αs in NNLO QCD using H1 jet cross section measurements

2019 ◽  
Vol 206 ◽  
pp. 01002
Author(s):  
Vladimir Chekelian
Keyword(s):  
Strong Coupling ◽  
Cross Section ◽  
Cross Sections ◽  
Neutral Current ◽  
Distribution Functions ◽  
Boson Mass ◽  
Parton Distribution Functions ◽  
Inclusive Jet ◽  
Using Data ◽  
Jet Cross Sections

Measurements of jet cross sections in neutral current deep-inelastic scattering (NC DIS) using data taken with the H1 detector at HERA are accomplished by the precision measurement of double-differential inclusive jet, dijet and trijet cross sections at low photon virtualities 5.5 < Q2 < 80 GeV2, and by extending previous inclusive jet measurements in the range 150 < Q2 < 15000 GeV2 to low transverse jet momenta 5 < PT < 7 GeV. The strong coupling constant at the Z-boson mass, αs(mZ), is determined in next-to-next-to-leading order (NNLO) QCD using H1 inclusive jet and dijet cross section measurements. Complementary, αs(mZ) is determined together with parton distribution functions of the proton (PDFs) from jet and inclusive DIS data measured by the H1 experiment. The running of the strong coupling is tested at different values of the renormalisation scale and the results are found to be in agreement with the QCD expectations.

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