We live in a world of one-size-fits-all law. People are different, but the laws that govern them are uniform. "Personalized Law"---rules that vary person by person---will change that. Here is a vision of a brave new world, where each person is bound by their own personally-tailored law. "Reasonable person" standards would be replaced by a multitude of personalized commands, each individual with their own "reasonable you" rule. Skilled doctors would be held to higher standards of care, the most vulnerable consumers and employees would receive stronger protections, age restrictions for driving or for the consumption of alcohol would vary according the recklessness risk that each person poses, and borrowers would be entitled to personalized loan disclosures tailored to their unique needs and delivered in a format fitting their mental capacity. The data and algorithms to administer personalize law are at our doorstep, and embryos of this regime are sprouting. Should we welcome this transformation of the law? Does personalized law harbor a utopic promise, or would it produce alienation, demoralization, and discrimination? This book is the first to explore personalized law, offering a vision of law and robotics that delegates to machines those tasks humans are least able to perform well. It inquires how personalized law can be designed to deliver precision and justice and what pitfalls the regime would have to prudently avoid. In this book, Omri Ben-Shahar and Ariel Porat not only present this concept in a clear, easily accessible way, but they offer specific examples of how personalized law may be implemented across a variety of real-life applications.

Judge Robert H. Bork will deliver the Barbara Frum Historical Lecture at the University of Toronto in March 2002. This annual lecture “on a subject of contemporary history in historical perspective” was established in memory of Barbara Frum and will be broadcast on the CBC Radio program Ideas. In Coercing Virtue, former US solicitor general Robert H. Bork examines judicial activism and the practice of many courts as they consider and decide matters that are not committed to their authority. In his opinion, this practice infringes on the legitimate domains of the executive and legislative branches of government and constitutes a judicialization of politics and morals. Should courts be used as a vehicle of social change even if the majority view weighs against the court’s ruling? And if we allow courts to make law, especially in a country like Canada where our Supreme Court judges aren’t even elected, then what does this mean for democratic government? “The nations of the West have long been afraid of catching the “American disease” — the seizure by judges of authority properly belonging to the people and their elected representatives. Those nations are learning, perhaps too late, that this imperialism is not an American disease; it is a judicial disease, one that knows no boundaries.” — Robert H. Bork, from Coercing Virtue

The lawyer's trade--from its noblest moments to its greatest blunders--is examined with rigor, insight, and wit by one of America's foremost commentators on the law, New York Times columnist David Margolick.

Great American City demonstrates the powerfully enduring impact of place. Based on one of the most ambitious studies in the history of social science, Robert J. Sampson’s Great American City presents the fruits of over a decade’s research to support an argument that we all feel and experience every day: life is decisively shaped by your neighborhood. Engaging with the streets and neighborhoods of Chicago, Sampson, in this new edition, reflects on local and national changes that have transpired since his book’s initial publication, including a surge in gun violence and novel forms of segregation despite an increase in diversity. New research, much of it a continuation of the influential discoveries in Great American City, has followed, and here, Sampson reflects on its meaning and future directions. Sampson invites readers to see the status of the research initiative that serves as the foundation of the first edition—the Project on Human Development in Chicago Neighborhoods (PHDCN)—and outlines the various ways other scholars have continued his work. Both accessible and incisively thorough, Great American City is a must-read for anyone interested in cutting-edge urban sociology and the study of crime.

How things are divided up or pieced together matters. Half a bridge is of no use at all. Conversely, many things would do more good if they could be divided up differently: Perhaps you would prefer a job that involves a third less work and a third less pay or a car that materializes only when needed and is priced accordingly? Difficulties in “slicing” and “lumping” shape nearly every facet of how we live and work—and a great deal of law and policy as well. Lee Anne Fennell explores how both types of challenges—carving out useful slices and assembling useful lumps—surface in myriad contexts, from hot button issues like conservation and eminent domain to developments in the sharing economy to personal struggles over work, money, time, diet, and exercise. Yet the significance of configuration is often overlooked, leading to missed opportunities for improving our lives. With a technology-fueled entrepreneurial explosion underway that is dividing goods, services, and jobs in novel ways, and as urbanization and environmental threats raise the stakes for assembling resources and cooperation, this is an especially exciting and crucial time to confront questions of slicing and lumping. The future of the city, the workplace, the marketplace, and the environment all turn on matters of configuration, as do the prospects for more effective legal doctrines, for better management of finances and health, and more. This book reveals configuration’s power and potential—as a unifying concept and as a focus of public and private innovation.

The definitive modern primer on the US Constitution, “an eloquent testament to the Constitution as a covenant across generations” (National Review). From freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. Yet most of us know surprisingly little about the Constitution itself. In The Constitution, legal scholars Michael Stokes Paulsen and Luke Paulsen offer a lively introduction to the supreme law of the United States. Beginning with the Constitution’s birth in 1787, Paulsen and Paulsen offer a grand tour of its provisions, principles, and interpretation, introducing readers to the characters and controversies that have shaped the Constitution in the 200-plus years since its creation. Along the way, the authors correct popular misconceptions about the Constitution and offer powerful insights into its true meaning. This lucid guide provides readers with the tools to think critically about constitutional issues — a skill that is ever more essential to the continued flourishing of American democracy.

This is a new release of the original 1949 edition.

Vol. 1-14 include the proceedings of the Oregon Bar Association, previously issued separately as: Proceedings of the Oregon Bar Association at its ... annual meeting.

We often hear—with particular frequency during recent Supreme Court nomination hearings—that justices should not create constitutional rights, but should instead enforce the rights that the Constitution enshrines. In Regulatory Rights, Larry Yackle sets out to convince readers that such arguments fundamentally misconceive both the work that justices do and the character of the American Constitution in whose name they do it. It matters who sits on the Supreme Court, he argues, precisely because justices do create individual constitutional rights. Traversing a wide range of Supreme Court decisions that established crucial precedents about racial discrimination, the death penalty, and sexual freedom, Yackle contends that the rights we enjoy are neither more nor less than what the justices choose to make of them. Regulatory Rights is a bracing read that will be heatedly debated by all those interested in constitutional law and the judiciary.