89,612 research outputs found
Posner, Economics and the Law: from Law and Economics to an Economic Analysis of Law.
No full textThe purpose of this article is to discuss Posner's economic analysis of law and to analyse the differences between his economic analysis of law and law and economics. We propose and demonstrate a twofold original argument. First, we show that Posner does not only propose an economic analysis of the working of the legal system but also that his approach has changed in the early 1970s, shifting from a law and economics perspective in which the focus is put on the working of the economic system to an economic analysis of law in which the emphasis is put on the functioning of the legal system. He appears then no longer influenced by Aaron Director and Ronald Coase but rather by Gary Becker. Therefore, and this is the second part of our demonstration, we show that the evolution in Posner's works essentially derives from the influence of Becker and the adoption by the former of the methodological views of the latter. More precisely, we claim that Posner no longer retains a -- restrictive -- definition of economics by subject matter but that he aligns himself on Becker and his broader definition of economics placing nonmarket decisions and method at the core of the discipline. In other words, we argue that Posner is the first who transposes Becker’s definition of economics in law and economics and that this is precisely what makes Posner's economic analysis of law possible and specific, and also of particular importance.
Posner\u27s Pragmatist Jurisprudence
No full textI. Introduction
II. Overview: A Sketch of the Main Themes and Three Points of View of Posner\u27s Pragmatism
III. Jurisprudence without Foundations?—The Jurisprudential Methodology of Posner\u27s Pragmatism
IV. The Meta-ethical Posture of Posner\u27s Pragmatism ... A. Thicker Epistemology ... B. Intuitionism and Objectivity ... 1. Intuition-Bedrock, Tacit Knowing, and the Faculty of Induction ... 2. The Redescription of Science for Lawyers ... 3. The Test of Time and Truth ... C. The Force of Rhetoric—Literature, the Test of Time, and Omnisignificance ... D. Posner\u27s Meta-ethical Relativism ... 1. Posner\u27s Approach Is Largely Relativist ... 2. Posner\u27s Pragmatism Is Not Clearly Empirical nor Dualist: Non-cognitivism, Neo-intuitionism, Anti-theory?
V. Posner\u27s Pragmatism Implies a Normative Program ... A. The Argument for a Pragmatic Normative Program in The Problems of Jurisprudence ... 1. Simple Instrumentalism ... 2. In Praise of Wealth Maximization ... 3. The Defense of Wealth Maximization ... a. Defense of the Positive Theory ... b. Criticisms of the Normative Implications of the Economic Analysis of Law—The Defense … c. Promoting the Economic Analysis of Law ... B. Cardozo—The Argument for Wealth Maximization … C. Overcoming Law—Pragmatism, Liberalism, and Law and Economics
VI. Conclusio
Variations on the Author
No full text“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Examining the Kouzes and Posner Leadership Practices of Elementary Principals in Central New York
No full textThe study examines the Kouzes and Posner leadership practices of elementary principals. Today there is significant emphasis on principal leadership. Because of the increased accountability for elementary principals, there is an urgent need for a validated, research based leadership framework for elementary principals. The work of Kouzes and Posner is widely respected and applied in business and education and might provide a foundation for a framework of elementary leadership practices. The purpose of the study was to look critically at the Kouzes and Posner leadership practices of elementary principals. The leadership practices of elementary principals were measured using Kouzes’ and Posner’s Leadership Practices Inventory Self (LPI Self), which examines practices in five areas. Focus groups were facilitated with participating elementary principals to identify how the leadership practices of Kouzes and Posner manifest in practice by principals in their schools. Findings generated a framework for what elementary principals say and do each day as they Model the Way, Inspire a Shared Vision, Challenge the Process, Enable Others to Act, and Encourage the Heart. Study results outline specific and core leadership practices for elementary principals at a time when elementary principal leadership is at a critical point in educational history. The framework provides a roadmap for elementary principals as they work to implement new educational initiatives
Dissent, Posner-Style: Judge Richard A. Posner\u27s First Decade of Dissenting Opinions, 1981-1991 - Toward an Aesthetics of Judicial Dissenting Style
No full textThe threefold purpose and structure of this Article is as follows. First, in Part II, before plunging into Judge Posner’s dissenting opinions, I search for a preliminary description of the praxis of modern American dissenting opinion style by drawing upon previous legal scholarship and examples of judicial dissents; this discussion will include an examination of some relevant scholarly writings on opinion style by Judge Rischard A. Posner himself. In Part III, I analyze the published dissenting opinions written by Judge Posner during 1981-1991, evaluating the stylistics of these dissents including his sophisticated use of rhetorical devises. Finally, in Part IV I offer some conclusions about Judge Posner’s early dissenting opinion style, and comment on the implication of my study for understanding the aesthetics of dissenting opinions
A teoria de Posner e sua aplicabilidade a ordem constitucional economica brasileira de 1988
No full textDissertação (mestrado) - Universidade Federal de Santa Catarina, Centro de Ciencias JuridicasA obra intenta incursão na temática da Teoria Econômica identificando seus principais institutos determinantes das Leis de demanda, de oferta e de eficiência econônomica como instrumental teórico-analítico para o Direito. Assim, se descortinam os diversos enfoques dados ao Direito pelo Econômico bem como as raízes economicistas da nova teoria, seus precursores teóricos, abordando-se, ainda, com especial ênfase, o trabalho de Richard Posner intitulado Economic Analisis of Law, seus críticos e as possibilidades para a utilização das máximas da Escola denominada Law and Economics, na Civil Law, em especial quanto ao Direito Econômico Brasileiro constitucionalizado em 1988 no que diz respeito aos seus princípios
[Newspaper Clipping: Author Claims Evidence of Second JFK Assassin #1]
No full textNewspaper article titled "Author Claims Evidence of Second JFK Assassin." The article states that author Richard J. Whalen concluded "that there is circumstantial evidence to support the theory of a second assassin in the shooting of President John F. Kennedy.
Also By The Same Author: AKTiveAuthor, a Citation Graph Approach to Name Disambiguation
No full textThe desire for definitive data and the semantic web drive for inference over heterogeneous data sources requires co-reference resolution to be performed on those data. In particular, name disambiguation is required to allow accurate publication lists, citation counts and impact measures to be determined. This paper describes a graph-based approach to author disambiguation on large-scale citation networks. Using self-citation, co-authorship and document source analyses, AKTiveAuthor clusters papers, achieving precision of 0.997 and recall of 0.818 over a test group of eight surname clusters
John F. Kennedy telegram to Roosevelt
No full textJersey Homesteads (later the Borough of Roosevelt) was established in the 1930s as an agro-industrial cooperative community. It was established specifically for urban Jewish garment workers, many of whom had emigrated from Europe. President John F. Kennedy sent a telegram to the citizens of Roosevelt, New Jersey, apologizing for not being able to attend the memorial dedication in honor of former President Franklin Delano Roosevelt. (Jersey Homesteads became Roosevelt in 1945 in honor of the president.) President Kennedy expressed his gratitude to the people of Roosevelt for constructing the memorial, and commented that it will serve as a constant reminder of Roosevelt's good works
Non-arteritic anterior ischemic optic neuropathy secondary to Posner-Schlossman syndrome in a twenty-six-year-old female
No full textPURPOSE: To describe a case of non-arteritic ischemic optic neuropathy (NAION) secondary to Posner-Schlossman syndrome in a twenty-six-year-old female.
OBSERVATIONS: A 26-year-old female presented with painful visual loss of the left eye, elevated intraocular pressure of 38 mmHg, and trace to 1+ anterior chamber cell. Diffuse optic disc edema in the left eye and a small cup-to-disc ratio of the right optic disc were evident. Magnetic resonance imaging was unremarkable.
CONCLUSIONS AND IMPORTANCE: The patient was diagnosed with NAION secondary to Posner-Schlossman syndrome, an uncommon ocular entity that can significantly affect vision. Posner-Schlossman syndrome can cause a decrease in ocular perfusion pressure involving the optic nerve and can lead to ischemia, swelling, and infarction. NAION should be considered in the differential diagnosis of young patients with sudden development of optic disc swelling and increased intraocular pressure with normal magnetic resonance imaging findings
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