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Reciprocia is 400 pages of thought-inspiring stuff about liberty and how it can and should work. There's something here for everyone to disagree with -- and a framework that forces the reader to reexamine that disagreement. Richard Rieben demolishes the fraudulent "social contracts" of Hobbes and Roussea, and defines the state as something arising from the political contract, rather than as a party to it.
If you've busted your skull trying to figure out just what rights are and what liberty is, take two aspirin and read Reciprocia. You'll be glad you did.
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The heart of Epstein's claim is that _anything_ the government does that imposes any sort of "cost" on anybody amounts to a "taking" for which the Constitution requires just compensation. We all know how this is supposed to work as applied to the usual exercise of eminent domain. But Epstein casts his net wide and argues that the takings clause applies to all sorts of things you never would have thought of -- welfare programs, rent control, jiggery-pokery with the national currency, you name it.
The impact of the book is evident mainly through "negative" evidence. For example, some readers may recall that during the Clarence Thomas hearings, somebody asked Thomas if he believed the stuff in this book (as the Congresscritter in question clearly did not). I think Thomas managed to duck the question, but the point was made. And at any rate, it tells you something that somebody found it important to _ask_ the question in the first place.
Then, too, my own property-law casebook remarks somewhere near the end that Epstein's views on "takings" have not been found convincing by too many people. Interesting that the book still finds it necessary to mention his work, then.
So check it out. Sure, it's radical, and (let's admit it frankly) it's probably not a correct interpretation of the framers' intent. But if you're not a tax-and-spend Congresscritter, maybe you'll find it as pregnant and alluring a suggestion as I do. And it's one of Epstein's best books; I think he wrote it before he had completely converted to utilitarianism. You don't have to agree with it, but you should at least learn why Federalistas are afraid of it.
James V. DeLong
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The idea that market forces will compel lawyers to provide better services to a larger class of people at a lower cost is not something that most lawyers want to hear. Of course, travel agents didn't want to hear that people were going to start booking their own travel online either (same with stock brokers).
If you have read and enjoyed the Cluetrain Manifesto then check this book out, even if you only have a passing interest in the law. If you are a lawyer and expect to be practicing for another ten years then to ignore the ideas expressed in Susskind's book is dangerous.
One of the highlights of the book is helping lawyers understand why large accounting/consulting firms are a threat, and how lawyers can compete more effectively. The book is also good at showing ways to do what consultant Tom Peters has called "baking a new pie." Instead of merely competing more intensely for known existing markets, create a new market that you will dominate.
This is the most important book I have ever read about the impact of technology on law firms.
Jerry Lawson, Author of The Complete Internet Handbook for Lawyers (ABA 1999)
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Administrative law is probably one of the more complex areas of law, and this book provides a solid framework for understanding the material. I reviewed some commercial outlines, but this material is much better suited for the E&E format. I've used the E&E Series for all of the first year courses and found this to be one of the better books. I highly recomend getting this book and going through it both before and during class.
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This book is somewhat dated, but this is primarily due to the fact that it has been so widely read (and its policies so widely adopted) by other American judges. Up until the late 1970s, U.S. antitrust law was characterized by the pursuit of two (sometimes conflicting) goals: protecting consumers from monopolies and price fixing, and protecting "small dealers and worthy men" from larger competitors. Posner's book and a similar volume by Judge Robert Bork (The Antitrust Paradox) laid the theoretical groundwork for a seminal shift in antitrust thinking--one focusing primarily on consumer welfare.
In Antitrust Economics, Posner describes in easy-to-understand terms why monopolies are bad from an economic point of view, and the shape of current antitrust law. He then lays out why some types of economic behavior that up until then had been considered anticompetitive (mergers between competitors, some types of exclusive supplier arrangements) can actually be pro-competitive or, at the least, pro-consumer. For example, while retail behemoths such as WalMart or mergers like that between Daimler-Benz and Chrysler may be devastating to smaller competitors, they may benefit consumers by generating economies of scale and lower prices.
Regardless of whether one agrees with Posner's theories or the economic concentration in many industries that followed the adoption of his ideas, "Antitrust Economics" is essential reading if one wants to understand how we got to where we are and the theory behind modern antitrust law.