Stephen A. Smith - Böcker

This book is both an examination of, and a contribution to, our understanding of the theoretical foundations of the common law of contract. Focusing on contemporary debates in contract theory, Contract Theory aims to help readers better understand the nature and justification of the general idea of contractual obligation, as well as the nature and justification of the particular rules that make up the law of contract. The book is in three parts. Part I introduces the idea of 'contract theory', and presents a framework for identifying, classifying, and evaluating contract theories. Part II describes and evaluates the most important general theories of contract; examples include promissory theories, reliance-based theories, and economic theories. In Part III, the theoretical issues raised by the various specific doctrines that make up the law of contract (e.g., offer and acceptance, consideration, mistake, remedies, etc.) are examined in separate chapters. The legal focus of the book is the common law of the United Kingdom, but the theoretical literature discussed is international in origin; the arguments discussed are thus relevant to understanding the law of other common law jurisdictions and, in many instances, to understanding the law of civil law jurisdictions as well.

Rights, Wrongs, and Injustices is the first comprehensive account of the scope, foundations, and structure of remedial law in common law jurisdictions. The rules governing the kinds of complaints that common law courts will accept are generally well understood. However, the rules governing when and how they respond to such complaints are not. This book provides that understanding. It argues that remedies are judicial rulings, and that remedial law is the law governing their availability and content. Focusing on rulings that resolve private law disputes (for example, damages, injunctions, and restitutionary orders), this book explains why remedial law is distinctive, how it relates to substantive law, and what its foundational principles are. The book advances four main arguments. First, the question of what courts should do when individuals seek their assistance (the focus of remedial law) is different from the question of how individuals should treat one another in their day-to-day lives (the focus of substantive law). Second, remedies provide distinctive reasons to perform the actions they command; in particular, they provide reasons different from those provided by either rules or sanctions. Third, remedial law has a complex relationship to substantive law. Some remedies are responses to rights-threats, others to wrongs, and yet others to injustices. Further, remedies respond to these events in different ways: while many remedies (merely) replicate substantive duties, others modify substantive duties and some create entirely new duties. Finally, remedial law is underpinned by general principles-principles that cut across the traditional distinctions between so-called "legal" and "equitable" remedies. Together, these arguments provide an understanding of remedial law that takes the concept of a remedy seriously, classifies remedies according to their grounds and content, illuminates the relationship between remedies and substantive law, and presents remedial law as a body of principles rather than a historical category.

Atiyah's Introduction to the Law of Contract is a well-known text through which thousands of university students have first encountered the law of contract, and the new edition has long been eagerly awaited by university teachers and students. This sixth edition, updated by Stephen Smith, continues to provide readers with an introduction to the theories, policies, and ideas that underlie the law, placing an equal emphasis on the law and critical analysis. In particular, the discussion of recent cases and legislation is centred on why contract law is the way it is, whether it can be justified, and, if not, what should be done to improve it. The sixth edition has been revised to place the law of contract in a modern context and to account for recent developments in the law, as well as those in academic thinking and writing. Addressing European influences and including perspectives from comparative law, this remains a stimulating and authoritative exposition of the modern law of contract.

Whether people want to play games and download music, engage in social networking and professional collaboration, or view pornography and incite terror, the Internet provides myriad opportunities for people who share common interests to find each other. The contributors to this book argue that these self-selected online groups are best understood as tribes, with many of the same ramifications, both positive and negative, that tribalism has in the non-cyber world. In Electronic Tribes, the authors of sixteen competitively selected essays provide an up-to-the-minute look at the social uses and occasional abuses of online communication in the new media era. They explore many current Internet subcultures, including MySpace.com, craftster.org, massively multiplayer online role-playing games (MMORPGs) such as World of Warcraft, music downloading, white supremacist and other counterculture groups, and Nigerian e-mail scams. Their research raises compelling questions and some remarkable answers about the real-life social consequences of participating in electronic tribes. Collectively, the contributors to this book capture a profound shift in the way people connect, as communities formed by geographical proximity are giving way to communities-both online and offline-formed around ideas.

This book brings together researchers and practitioners from academia, the utility industry, private and public organizations and regulatory agencies to address various challenges and opportunities related to product differentiation in the electric power industry. The book's objectives are to: review the state of the art in implementing reliability differentiated electric services; address the entire process for developing and implementing reliability differentiated product menus including research. design, marketing, implementation and evaluation; consider technical, economics, and regulatory barriers to implementing reliability differentiated product design; and to bring together a variety of theoretical and practical experience in electric power product differentiation.

The first volume of The Cambridge History of Communism deals with the tumultuous events from 1917 to the Second World War, such as the Russian Revolution and Civil War, the revolutionary turmoil in post-World War I Europe, and the Spanish Civil War. Leading experts analyse the ideological roots of communism, historical personalities such as Lenin, Stalin, and Trotsky and the development of the Communist movement on a world scale against this backdrop of conflict that defined the period. It addresses the making of Soviet institutions, economy, and society while also looking at mass violence and relations between the state, workers, and peasants. It introduces crucial communist experiences in Germany, China, and Central Asia. At the same time, it also explores international and transnational communist practices concerning key issues such as gender, subjectivity, generations, intellectuals, nationalism, and the cult of personality.

The first volume of The Cambridge History of Communism deals with the tumultuous events from 1917 to the Second World War, such as the Russian Revolution and Civil War, the revolutionary turmoil in post-World War I Europe, and the Spanish Civil War. Leading experts analyse the ideological roots of communism, historical personalities such as Lenin, Stalin, and Trotsky and the development of the Communist movement on a world scale against this backdrop of conflict that defined the period. It addresses the making of Soviet institutions, economy, and society while also looking at mass violence and relations between the state, workers, and peasants. It introduces crucial communist experiences in Germany, China, and Central Asia. At the same time, it also explores international and transnational communist practices concerning key issues such as gender, subjectivity, generations, intellectuals, nationalism, and the cult of personality.

Religion and science were fundamental aspects of Eastern European communist political culture from the very beginning, and remained in uneasy tension across the region over the decades.

In today's retail environment, characterized by product proliferation, price competition, expectations of service quality, and advances in technology, many organizations are struggling to maintain profitability. Rigorous analytical methods have emerged as the most promising solution to many of these complex problems. Indeed, the retail industry has emerged as a fascinating choice for researchers in the field of supply chain management.In Retail Supply Chain Management, leading researchers provide a detailed review of cutting-edge methodologies that address the complex array of these problems. A critical resource for researchers and practitioners in the field of retailing, chapters in this book focus on three key areas: (1) empirical studies of retail supply chain practices, (2) assortment and inventory planning, and (3) integrating price optimization into retail supply chain decisions.

This monograph is the proceedings of a symposium held at the University of California at Berkeley, September 12-14, 1990. It was sponsored by the Electric Power Research Institute (EPR!) and by the University of California University-Wide Energy Research Group (UERG). The sympo­ sium brought together researchers and practitioners from academia, the utility industry, private and public organizations and regulatory agencies to address various challenges and opportunities related to product differen­ tiation in the electric power industry. Electric utilities are evolving rapidly from commodity-oriented services to product-oriented services. Utilities are offering menus of service options tailored to the needs of different customers. Reliability is one important dimension of electric service that lends itself to such product differentia­ tion., Options include lower rate curtail able services for industrial cus­ tomers, higher reliability power for some commercial customers, and load control with rebates for residential customers., These specialized services are a first step toward the product differentiation goal of allowing all customers to choose the type of service best suited to their electricity needs. The symposium provided a forum for in depth examination of the complex planning, development, and implementation issues associated with differ­ entiated products. Its specific objectives were to: xviii • Review the state of the art in implementing reliability differ­ entiated electric services. • Address the entire process for developing and implementing reliability differentiated product menus including research, design, marketing, implementation, and evaluation. • Consider technical, economic, and regulatory barriers to imple­ menting reliabilitydifferentiated product design.

This new edition focuses on three crucial areas of retail supply chain management: (1) empirical studies of retail supply chain practices, (2) assortment and inventory planning and (3) integrating price optimization into retail supply chain decisions. The book has been fully updated, expanding on the distinguishing features of the original, while offering three new chapters on recent topics which reflect areas of great interest and relevance to the academic and professional communities alike - inventory management in the presence of data inaccuracies, retail workforce management, and fast fashion retail strategies. The innovations, lessons for practice, and new technological solutions for managing retail supply chains are important not just in retailing, but offer crucial insights and strategies for the ultimate effective management of supply chains in other industries as well.The retail industry has emerged as a fascinating choice for researchers in the field of supply chain management.  It presents a vast array of stimulating challenges that have long provided the context of much of the research in the area of operations research and inventory management.  However, in recent years, advances in computing capabilities and information technologies, hyper-competition in the retail industry, emergence of multiple retail formats and distribution channels, an ever increasing trend towards a globally dispersed retail network, and a better understanding of the importance of collaboration in the extended supply chain have led to a surge in academic research on topics in retail supply chain management.  Many supply chain innovations (e.g., vendor managed inventory) were first conceived and successfully validated in this industry, and have since been adopted in others.  Conversely, many retailers have been quick to adopt cutting edge practices that first originated in other industries. Retail Supply Chain Management: Quantitative Models and EmpiricalStudies, 2nd Ed. is an attempt to summarize the state of the art in this research, as well as offer a perspective on what new applications may lie ahead.

This new edition focuses on three crucial areas of retail supply chain management: (1) empirical studies of retail supply chain practices, (2) assortment and inventory planning and (3) integrating price optimization into retail supply chain decisions. The book has been fully updated, expanding on the distinguishing features of the original, while offering three new chapters on recent topics which reflect areas of great interest and relevance to the academic and professional communities alike - inventory management in the presence of data inaccuracies, retail workforce management, and fast fashion retail strategies. The innovations, lessons for practice, and new technological solutions for managing retail supply chains are important not just in retailing, but offer crucial insights and strategies for the ultimate effective management of supply chains in other industries as well.The retail industry has emerged as a fascinating choice for researchers in the field of supply chain management.  It presents a vast array of stimulating challenges that have long provided the context of much of the research in the area of operations research and inventory management.  However, in recent years, advances in computing capabilities and information technologies, hyper-competition in the retail industry, emergence of multiple retail formats and distribution channels, an ever increasing trend towards a globally dispersed retail network, and a better understanding of the importance of collaboration in the extended supply chain have led to a surge in academic research on topics in retail supply chain management.  Many supply chain innovations (e.g., vendor managed inventory) were first conceived and successfully validated in this industry, and have since been adopted in others.  Conversely, many retailers have been quick to adopt cutting edge practices that first originated in other industries. Retail Supply Chain Management: Quantitative Models and EmpiricalStudies, 2nd Ed. is an attempt to summarize the state of the art in this research, as well as offer a perspective on what new applications may lie ahead.

Awarded 4 stars (rated 90/100) by Doody's Book Reviews!Fish are critically important to the welfare of this planet and its occupants, the health of both wild and captive fish populations paramount to our survival. This book presents the gross pathology of the most commonly encountered diseases and syndromes of fish in an organ system-based approach. It provides an overview of the diseases and disorders of tropical, ornamental, bait and food fish from freshwater, brackish and marine environments. Readers will gain a broader understanding of the basic biology of infectious and non-infectious diseases in fish, as well as novel diagnostic techniques and innovative disease control methods. Over 300 high-quality color photographs illustrate the conditions describedNineteen chapters by expert international contributors provide the veterinarian, fish health professional, fisheries biologist and fish researcher with an understanding of anatomy, water quality, diagnostic methodology, and basic clinical medicine of fish. Each organ system chapter provides an overview of the most common diseases or syndromesthe etiological agentroute of transmissiontypical host rangeclinical presentationpossible differentialsmost current means of diagnosis for that particular problempotential management and control methodsThis text will serve as a resource for the identification and control of fish diseases in a multitude of settings, from aquarium fish, to home ponds, to aquaculture species, to research fish and to even wild fish populations.

The relationship between the presidency and the press has transformed—seemingly overnight—from one where reports and columns were filed, edited, and deliberated for hours before publication into a brave new world where texts, tweets, and sound bites race from composition to release within a matter of seconds. This change, which has ultimately made political journalism both more open and more difficult, brings about many questions, but perhaps the two most important are these: Are the hard questions still being asked? Are they still being answered?In Columns to Characters, Stephanie A. Martin and top scholars and journalists offer a fresh perspective on how the evolution of technology affects the way presidents interact with the public. From Bill Clinton’s saxophone playing on the Arsenio Hall Show to Barack Obama’s skillful use of YouTube, Twitter, and Reddit as the first “social media president,” political communication appears to reflect the increasing fragmentation of the American public.The accessible essays here explore these implications in a variety of real-world circumstances: the “narcotizing” numbness of information overload and voter apathy; the concerns over privacy, security, and civil liberties; new methods of running political campaigns and mobilizing support for programs; and a future “post-rhetorical presidency” in which the press is all but irrelevant. Each section of the book concludes with a “reality check,” a short reflection by a working journalist (or, in one case, a former White House insider) on the presidential beat.

Celebrating the centenary of women legislators’ membership in the Arkansas General Assembly, Stateswomen shines a light on the women who have served as some of the state’s central decision makers. Drawing on documentary research and oral histories, Lindsley Armstrong Smith and Stephen A. Smith present lively, concise biographies for the nearly 150 women legislators who have served in the general assembly to date, chronicling their personal histories, volunteer work and social activism, and legislative victories. In a probing introduction, the authors examine the neglected role of women in Arkansas political history alongside the “long history of resistance to full citizenship rights for women in Arkansas”—demonstrating that political representation is essential for improving opportunities in the wider society.The first comprehensive study dedicated to these trailblazing Arkansas legislators, Stateswomen will surely inspire history buffs, community-minded citizens, and political hopefuls alike.