Failures And The Law

The interaction between engineering and the law is undergoing dramatic changes. Product liability, laws have been introduced in Japan, patent claims over living organisms have been made in bioengineering and the differing national laws of copyright protection and liability are in the process of harmonisation, especially in the European Union. The pace and complexity of these changes make it essential for technologists, lawyers, engineers and insurance experts to establish a common basis for understanding, co-operation and exchange of expertise. The recently founded International Society for Technology, Law and Insurance aims to foster such co-operation. This volume features 46 selected contributions which address various topical issues and the law. The most important issues relate to engineering risks, quality assurance and assessment and legal implications assiciated with them. Recent failure cases are explained and the technical, legal and insurance-related issues discussed in detail.

“An essential title for anyone thinking of law school or concerned with America's dysfunctional legal system.” —Library Journal On the surface, law schools today are thriving. Enrollments are on the rise and law professors are among the highest paid. Yet behind the flourishing facade, law schools are failing abjectly. Recent front-page stories have detailed widespread dubious practices, including false reporting of LSAT and GPA scores, misleading placement reports, and the fundamental failure to prepare graduates to enter the profession. Addressing all these problems and more is renowned legal scholar Brian Z. Tamanaha. Piece by piece, Tamanaha lays out the how and why of the crisis and the likely consequences if the current trend continues. The out-of-pocket cost of obtaining a law degree at many schools now approaches $200,000. The average law school graduate’s debt is around $100,000—the highest it has ever been—while the legal job market is the worst in decades. Growing concern with the crisis in legal education has led to high-profile coverage in the Wall Street Journal and the New York Times, and many observers expect it soon will be the focus of congressional scrutiny. Bringing to the table his years of experience from within the legal academy, Tamanaha provides the perfect resource for assessing what’s wrong with law schools and figuring out how to fix them. “Failing Law Schools presents a comprehensive case for the negative side of the legal education debate and I am sure that many legal academics and every law school dean will be talking about it.” —Stanley Fish, Florida International University College of Law

This is a conversational text that provides a comprehensive view of the law of American business failure.

When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

In this accessible, prescriptive, and widely applicable manual, Google’s first engineering director and current Innovation Agitator Emeritus provides critical advice for rethinking how we launch a new idea, product, or business, insights to help successfully beat the law of market failure: that most new products will fail, even if competently executed. Millions of people around the world are working to introduce new ideas. Some will turn out to be stunning successes and have a major impact on our world and our culture: The next Google, the next Polio vaccine, the next Harry Potter, the next Red Cross, the next Ford Mustang. Others successes will be smaller and more personal, but no less meaningful: A restaurant that becomes a neighborhood favorite, a biography that tells an important story, a local nonprofit that cares for abandoned pets. Simultaneously, other groups are working equally hard to develop new ideas that, when launched, will fail. Some will fail spectacularly and publicly: New Coke, the movie John Carter, the Ford Edsel. Others failures will be smaller and more private, but no less failure: A home-based business that never takes off, a children’s book that neither publishers nor children have any interest in, a charity for a cause too few people care about. Most people believe that their venture will be successful. But the law of market failure tells us that up to 90 percent of most new products, services, businesses, and initiatives will fail soon after launch—regardless of how promising they sound, how much we commit to them, or how well we execute them. This is a hard fact to accept. Combining detailed case studies with personal insight drawn from his time at Google, his experience as an entrepreneur and consultant, and his lectures at Stanford University and Google, Alberto Savoia offers an unparalleled approach to beating the beast that is market failure: “Make sure you are building The Right It before you build It right,” he advises. In The Right It, he provides lessons on creating your own hard data, a strategy for market engagement, and an introduction to the concept of a pretotype (not a prototype). Groundbreaking, entertaining, and highly practical, this essential guide delivers a proven formula for ensuring ideas, products, services, and businesses succeed.

Failing states share characteristics of inadequate structural competency, including, inter alia, the inability to advance human welfare and security. Economic inequalities and corruption are present, as well as a loss of legitimacy and reduced social cohesion. Failure of rule of law is manifested in areas of judicial adjudication, security, reduced territorial control and systemic political instability. The international community often confronts these challenges in a manner that actually complicates issues further through lack of consensus among state actors. Consequently, a new and emerging concept of sovereignty requires review in terms of the postmodern state. Through scholarly consideration, State Legitimacy and Failure in International Law evaluates gaps in structural competency that precipitate state failure and examines the resulting consequences for the world community

This book explores, through the lens of the conflict in Syria, why international law and the United Nations have failed to halt conflict and massive human rights violations in many places around the world which has allowed tens of millions of people to be killed and hundreds of millions more to be harmed. The work presents a critical socio-legal analysis of the failures of international law and the United Nations (UN) to deal with mass atrocities and conflict. It argues that international law, in the way it is set up and operates, falls short in dealing with these issues in many respects. The argument is that international law is state-centred rather than victim-friendly, is, to some extent, outdated, is vague and often difficult to understand and, therefore, at times, hard to apply. While various accountability processes have come to the fore recently, processes do not exist to assist individual victims while the conflict occurs or the abuses are being perpetrated. The book focuses on the problems of international law and the UN and, in the context of the many enforced disappearances and arbitrary detentions in Syria, why nothing has been done to deal with a rogue state that has regularly violated international law. It examines why the responsibility to protect (R2P) has not been applied and why it ought to be used, generally, and in Syria. It uses the Syrian context to evaluate the weaknesses of the system and why reform is needed. It examines the UN institutional mechanisms, the role they play and why a civilian protection system is needed. It examines what mechanism ought to be set up to deal with the possible one million people who have been disappeared and detained in Syria. The book will be a valuable resource for students, academics and policy-makers working in the areas of public international law, international human rights law, political science and peace and security studies.

The law-and-economics movement remains a dominant force in American private law, despite widespread recognition that many of its assumptions are implausible and that efficiency is not the law's only goal. This book adds to the debate by showing that many leading law-and-economics arguments fail for 'internal' analytical reasons.

Challenges the distorted hegemonic accounts of Latin American law and reveals their geopolitical and economic consequences in the world today.