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Habeas Corpus: A Legal Research Guide

Nathan A. Preuss

This guide includes a brief overview of the history and development of habeas corpus, an annotated bibliographic guide to federal and state jurisdictions, and research strategies for locating relevant resources in various formats. The focus is primarily on U.S. jurisdictions, but also includes selected English and Commonwealth sources for historical development purposes. Part one describes U.S. federal habeas corpus, and part two focuses on state sources. Historical perspectives, possible claims, procedure, research strategies and other major themes are the basis for the general organization of each part.
Beyond Elite Law: Access to Civil Justice in America

Joy Radice and Samuel Estreicher

Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.
America's New Destiny in Space

Glenn Harlan Reynolds

With private space companies launching rockets, satellites, and people at a record pace, and with the U.S. and other governments committing to a future in space, Glenn Harlan Reynolds looks at how we got here, where we're going, and why it matters for all of humanity.

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An Army of Davids: How Markets and Technology Empower Ordinary People to Beat Big Media, Big Government, and Other Goliaths

Glenn Harlan Reynolds

There was a time in the not-too-distant past when large companies and powerful governments reigned supreme over the little guy. But new technologies are empowering individuals like never before, and the Davids of the world-the amateur journalists, musicians, and small businessmen and women-are suddenly making a huge economic and social impact.

In Army of Davids, author Glenn Reynolds, the man behind the immensely popular Instapundit.com, provides an in-depth, big-picture point-of-view for a world where the small guys matter more and more. Reynolds explores the birth and growth of the individual's surprisingly strong influence in: arts and entertainment, anti-terrorism, nanotech and space research, and much more.

The balance of power between the individual and the organization is finally evening out. And it's high time the Goliaths of the world pay attention, because, as this book proves, an army of Davids is on the rise.

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The Judiciary's Class War

Glenn Harlan Reynolds

The terms “Front-Row Kids” and “Back-Row Kids,” coined by the photographer Chris Arnade, describe the divide between the educated upper middle class, who are staying ahead in today’s economy, and the less educated working class, who are doing poorly. The differences in education―and the values associated with elite schooling―have produced a divide in America that is on a par with that of race.

The judiciary, requiring a postgraduate degree, is the one branch of government that is reserved for the Front-Row Kids. Correspondingly, since the Warren era, the Supreme Court has basically served as an engine for vindicating Front-Row preferences, from allowing birth control and abortion, to marginalizing religion in the public space, to legislative apportionment and libel law, and beyond. Professor Glenn Reynolds describes this problem in detail and offers some suggestions for making things better.

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The New School: How the Information Age Will Save America from Itself

Glenn Harlan Reynolds

Economist Herb Stein famously said that something that can't go on forever, won't. For decades now, America has been investing ever-growing fortunes into its K-12 education system in exchange for steadily worse results. Public schools haven't changed much from the late 19th century industrial model and as a result young Americans are left increasingly unprepared for a competitive global economy. At the same time, Americans are spending more than they can afford on higher education, driven by the kind of cheap credit that fueled the housing bubble. With college graduates unable to secure employment or pay off student loans, the real-world value of a traditional college education is in question.

In The New School, Glenn Harlan Reynolds explains how parents, students and educators can, and must, reclaim and remake American education. Already, Reynolds explains, many Americans are abandoning traditional education for new models. Many are going to charter schools or private schools, but others are going another step beyond and making the leap to online education over 1.8 million K-12 students already.

The New School does not prescribe a one-size-fits-all solution for education. Americans require a diverse system of innovative approaches each suited to a family’s needs and spending potential. But with the profusion of online education, school choice, and even a return to alternatives like apprenticeships and on the job training, Americans hold the power to lower costs and improve outcomes from the ground up.

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The Social Media Upheaval

Glenn Harlan Reynolds

Social media giants are poisoning our journalism, our politics, our relationships and ultimately our minds. Glenn Reynolds looks at the up and downsides of social media and at proposals for regulation, and offers his own fix that respects free speech while reducing social media's toll.

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Outer Space: Problems of Law and Policy

Glenn Harlan Reynolds and Robert Merges

This book examines the international and domestic American legal problems associated with activity in outer space from a strong policy perspective, with particular attention given to problems associated with space commercialization and with military activities in outer space. Outer Space: Problems of Law and Policy is indispensable as a casebook, reference, and self-teaching tool for students, practitioners, academics, and members of the aerospace industry.

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A Practical Guide to Commercial Real Estate Transactions: From Contract to Closing - Third Edition

Gregory M. Stein, Morton P. Fisher Jr., and Michael D. Goodwin

For proven guidance and techniques for handling a commercial real estate deal, turn to the revised and expanded edition of A Practical Guide to Commercial Real Estate Transactions. Organized to help you negotiate and close the deal, this readable guide follows the steps of a transaction in the order in which they generally arise and offers pertinent advice, practice comments, and sample forms.

Because much of the real estate lawyer's practice revolves around transactional documents, the book emphasizes the drafting, negotiation, and revision needed to get a deal closed. Written by a law professor and two real estate practitioners, this book offers a useful combination of text overview and practice pointers. It helps lawyers with less experience navigate through the maze of steps involved in a real estate transaction. At the same time, it serves as a valuable reference for more seasoned attorneys as well as those whose practice is concentrated in other areas of the law. Downloadable forms and appendices are available online.

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Breaking Away: How to Regain Control Over Our Data, Privacy, and Autonomy

Maurice Stucke

Breaking Away sounds a warning call alerting readers that their privacy and autonomy concerns are indeed warranted, and the remedies deserve far greater attention than they have received from our leading policymakers and experts to date. Through the various prisms of economic theory, market data, policy, and law, the book offers a clear and accessible insight into how a few powerful firms - Google, Apple, Facebook (Meta), and Amazon - have used the same anticompetitive playbook and manipulated the current legal regime for their gain at our collective expense.

While much has been written about these four companies' power, far less has been said about addressing their risks. In looking at the proposals to date, however, policymakers and scholars have not fully addressed three fundamental issues: First, will more competition necessarily promote our privacy and well-being? Second, who owns the personal data, and is that even the right question? Third, what are the policy implications if personal data is non-rivalrous?

Breaking Away not only articulates the limitations of the current enforcement and regulatory approach but offers concrete proposals to promote competition, without having to sacrifice our privacy. This book explores how these platforms accumulated their power, why the risks they pose are far greater than previously believed, and why the tools need to be far more robust than what is being proposed.

Policymakers, scholars, and business owners, managers, and entrepreneurs seeking to compete and innovate in the digital platform economy will find the book an invaluable source of information.

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Virtual Competition: The Promise and Perils of the Algorithm-Driven Economy

Maurice E. Stucke and Ariel Ezrachi

Shoppers with Internet access and a bargain-hunting impulse can find a universe of products at their fingertips. In this thought-provoking exposé, Ariel Ezrachi and Maurice Stucke invite us to take a harder look at today’s app-assisted paradise of digital shopping. While consumers reap many benefits from online purchasing, the sophisticated algorithms and data-crunching that make browsing so convenient are also changing the nature of market competition, and not always for the better.

Computers colluding is one danger. Although long-standing laws prevent companies from fixing prices, data-driven algorithms can now quickly monitor competitors’ prices and adjust their own prices accordingly. So what is seemingly beneficial―increased price transparency―ironically can end up harming consumers. A second danger is behavioral discrimination. Here, companies track and profile consumers to get them to buy goods at the highest price they are willing to pay. The rise of super-platforms and their “frenemy” relationship with independent app developers raises a third danger. By controlling key platforms (such as the operating system of smartphones), data-driven monopolies dictate the flow of personal data and determine who gets to exploit potential buyers.

Virtual Competition raises timely questions. To what extent does the “invisible hand” still hold sway? In markets continually manipulated by bots and algorithms, is competitive pricing an illusion? Can our current laws protect consumers? The changing market reality is already shifting power into the hands of the few. Ezrachi and Stucke explore the resulting risks to competition, our democratic ideals, and our economic and overall well-being.

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Competition Overdose: How the Market Ethos Can Both Cure and Poison Us

Maurice Stucke and Ariel Ezrachi

Using dozens of vivid examples to show how society overprescribed competition as a solution and when unbridled rivalry hurts consumers, kills entrepreneurship, and increases economic inequality, two free-market thinkers diagnose the sickness caused by competition overdose and provide remedies that will promote sustainable growth and progress for everyone, not just wealthy shareholders and those at the top.

Whatever illness our society suffers, competition is the remedy. Do we want better schools for our children? Cheaper prices for everything? More choices in the marketplace? The answer is always: Increase competition.

Yet, many of us are unhappy with the results. We think we’re paying less, but we’re getting much less. Our food has undeclared additives (or worse), our drinking water contains toxic chemicals, our hotel bills reveal surprise additions, our kids’ schools are failing, our activities are tracked so that advertisers can target us with relentless promotions. All will be cured, we are told, by increasing the competitive pressure and defanging the bloated regulatory state.

In a captivating exposé, Maurice E. Stucke and Ariel Ezrachi show how we are falling prey to greed, chicanery, and cronyism. Refuting the almost religious belief in rivalry as the vehicle for prosperity, the authors identify the powerful corporations, lobbyists, and lawmakers responsible for pushing this toxic competition—and argue instead for a healthier, even nobler, form of competition.

Competition Overdose diagnoses the disease—and provides a cure for it.

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How Big-Tech Barons Smash Innovation — and How to Strike Back

Maurice Stucke and Ariel Ezrachi

Silicon Valley’s genius combined with limited corporate regulation promised a new age of technological innovation in which entrepreneurs would create companies that would in turn fuel unprecedented job growth. Yet disruptive innovation has stagnated even as the five leading tech giants, which account for approximately 25 percent of the S&P 500’s market capitalization, are expanding to unimaginable scale and power. In How Big-Tech Barons Smash Innovation—and How to Strike Back, Ariel Ezrachi and Maurice E. Stucke explain why this is happening and what we can do to reverse it.

While many distrust the Big-Tech Barons, the prevailing belief is that innovation is thriving online. It isn’t. Rather than disruptive innovations that create significant value, we are getting technologies that primarily extract value and reduce well-being. Using vivid examples and relying on their work in the field, the authors explain how the leading tech companies design their sprawling ecosystems to extract more profits (while crushing any entrepreneur that poses a threat). As a result, we get less innovation that benefits us and more innovations that surpass the dreams of yesteryears’ autocracies. The Tech Barons’ technologies, which seek to decode our emotions and thoughts to better manipulate our behavior, are undermining political stability and democracy while fueling tribalism and hate.

But it’s not hopeless. The authors reveal that sustained innovation scales with cities not companies, and that we, as a society, should profoundly alter our investment strategy and priorities to certain entrepreneurs (“Tech Pirates”) and cities’ infrastructure.

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Big Data and Competition Policy

Maurice Stucke and Allen Grunes

Big Data and Big Analytics are a big deal today. Big Data is playing a pivotal role in many companies' strategic decision-making. Companies are striving to acquire a 'data advantage' over rivals. Data-driven mergers are increasing. These data-driven business strategies and mergers raise significant implications for privacy, consumer protection and competition law. At the same time, European and United States' competition authorities are beginning to consider the implications of a data-driven economy on competition policy. In 2015, the European Commission launched a competition inquiry into the e-commerce sector and issued a statement of objections in its Google investigation. The implications of Big Data on competition policy will likely be a part of the mix.

Big Data and Competition Policy is the first work to offer a detailed description of the important new issue of Big Data and explains how it relates to competition laws and policy, both in the EU and US. The book helps bring the reader quickly up to speed on what is Big Data, its competitive implications, the competition authorities' approach to data-driven mergers and business strategies, and their current approach's strengths and weaknesses.

Written by two recognized leading experts in competition law, this accessible work offers practical guidance and theoretical discussion of the potential benefits (including data-driven efficiencies) and concerns for the practitioner, policy maker, and academic alike.

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