The place of law [electronic resource] : the role and limits of law in society / Larry D. Barnett.
N this stimulating volume, Larry D. Barnett locates a fundamental defect in widespread assumptions regarding the institution of law. He asserts that scholarship on law is being led astray by currently accepted beliefs about the institution, and as a result progress in understanding law as a societal...
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Format: | Electronic eBook |
Language: | English |
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New Brunswick :
Transaction Publishers,
©2011.
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Table of Contents:
- ""Preface""; ""Chapter 1. Introduction""; ""I. The Study of Law""; ""A. Scope of Law""; ""B. Change in Societal Perceptions""; ""C. Change in Individual Perceptions""; ""II. Societal Beliefs about the Nature of Law""; ""A. The Political Process""; ""B. Regulatory Law and Societal Stability""; ""1. Divorce""; ""2. Abortion""; ""III. Lineage and Organization of the Book""; ""A. Lineage of the Book""; ""B. Organization of the Book""; ""Chapter 2. Social Productivity""; ""I. Introduction""; ""II. Definitions and Context""; ""III. Social Productivity and Societal Institutions""
- ""IV. Standards for Behavior and Societal Institutions""""V. The Outputs of Social Productivity""; ""A. Reputation""; ""B. Symbols""; ""C. Trust and Perceptions of Fairness""; ""VI. Investment Companies, Investment Adviser, and the Regulation of Conflicts of Interest""; ""A. Securities""; ""B. Directors of Investment Companies""; ""C. Fiduciary Duty of Investment Advisers""; ""D. Compensation of Investment Advisers""; ""VII. Conclusion""; ""Chapter 3. Social Productivity and the Regulation of Mutual Fund Boards of Directors ""; ""I. Introduction""
- ""II. The Investment Company Act and Investment Company Directors""""A. Section 2(a)(19) of the Investment Company Act""; ""B. Securities and Exchange Commission Rules""; ""III. Fiduciary Duties of Investment Company Directors""; ""A. Duty of Care and Duty of Loyalty""; ""B. Good Faith""; ""C. Summary""; ""D. In re Nuveen Fund Litigation""; ""E. Director Status under Section 2(a)(19) and Director Liability for Board Decisions""; ""IV. The Macrosociological Nature of Investment Company Regulation""; ""V. Penalties for Shareholder Exploitation""; ""A. A Proposal""; ""B. Discussion""
- ""Chapter 4. Social Values """"I. Introduction""; ""II. The Financial Market Upheaval of 2008""; ""III. Sociological Concepts and Financial Market Exigencies""; ""IV. Change in Social Values in the United States""; ""A. Measures of Social Values""; ""B. Social Values and Intellectual Skills""; ""V. Investment Company Act""; ""A. Sections 3(c)(1) and 3(c)(7)""; ""B. Section 7(d)""; ""C. Section 12(d)(1)""; ""VI. Conclusion""; ""Chapter 5. The Public�Private Dichotomy in Morality and Law ""; ""I. The Rule and Role of Law in Society""; ""A. The Rule of Law""; ""B. Law as a Regulator""
- ""C. Law in a Macrosociological Framework""""D. The Role of Law""; ""II. Investment Advisers""; ""A. Investment Advisers in the Economy""; ""B. Investment Advisers Act""; ""1. Statutory Defi nition""; ""2. Release IA-1092""; ""III. An Empirical Study of Determinants of Law""; ""A. Variables""; ""B. Data Analysis""; ""IV. Change in the Status of Women and the Content of Law""; ""V. Conclusion""; ""Chapter 6. Jurisdiction Properties and Law on Social Issues in the United States ""; ""I. Introduction""; ""A. Sex Roles""; ""B. The Investment Company Act and the Concept of “Person�""