Securing the Fruits of Labor: The American Concept of Wealth Distribution, 1765-1900

Book Description

This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes. Holmes is the acknowledged source of twentieth-century tort law, but David Rosenberg takes sharp issue with the current portrayal of Holmes as a legal formalist in torts who opposed the notion of strict liability and dogmatically advocated a universal rule of negligence, primarily to subsidize industrial development. Marshaling the evidence found in Holmes' classic The Common Law and other writings, the author reveals that the opposite was the case, and, in the process, raises troubling questions about the present state of legal scholarship.

It was Holmes who founded the modern conception and justification of strict liability. He envisioned an expansive role for strict liability to augment the negligence rule in preventing and redressing injury from industrial activity. This recovery of Holmes' theory of torts provides new insights into the nature of the jurisprudence that launched the American legal realist movement, and also overturns standard interpretations of the history of tort law.

Rejecting the prevailing view that either strict liability or negligence reigned exclusively, Holmes and his contemporaries reconciled the existence of both rules, and advocated reforms of tort law to protect society from the unprecedented hazards of industrial life. The parallel drawn by the book between their response and ours in grappling with the novel problem of mass torts confirms Holmes' belief in the adaptive genius of the common law.

Customer Reviews:

A Surprisingly Entertaining Read.......2000-04-04

Drawing on his extensive study of the published and unpublished writings of US Supreme Court Justice Oliver Wendell Holmes, Harvard Law Professor David Rosenberg challenges widely held beliefs about Holmes' legal stance toward tort law - most specifically his application of negligence and strict liability rules. In the process, Rosenberg criticizes the work of many of his field's most recognized scholars and questions the quality and accuracy of modern legal scholarship in general. While the legal subject matter of this work in itself is a perhaps too technical for the non-lawyer, Rosenberg's pointed criticisms and lucid illustrations make this an entertaining read for anyone who enjoys seeing a free-thinker take on the establishment - and win.

THE HIDDEN HOLMES; HIS THEORY OF TORTS IN HISTORY

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THE HIDDEN HOLMES; HIS THEORY OF TORTS IN HISTORY
David Rosenberg
Manufacturer: Publisher Unknown
ProductGroup: Book
Binding: Hardcover
ASIN: B000WQY9YK

The Hidden Holmes: His Theory of Torts in History. (book reviews): An article from: Michigan Law Review

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The Hidden Holmes: His Theory of Torts in History. (book reviews): An article from: Michigan Law Review
A.W. Brian Simpson
Manufacturer: Michigan Law Review Association
ProductGroup: Book
Binding: Digital

Book Description

This digital document is an article from Michigan Law Review, published by Michigan Law Review Association on May 1, 1997. The length of the article is 8693 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: The Hidden Holmes: His Theory of Torts in History. (book reviews)
Author: A.W. Brian Simpson
Publication: Michigan Law Review (Refereed)
Date: May 1, 1997
Publisher: Michigan Law Review Association
Volume: 95 Issue: n6 Page: 2027-2043

Article Type: Book Review

Distributed by Thomson Gale

Book Description

Chemical fertilizers have had a significant impact on food production in the recent past, and are today an indispensable part of modern agriculture. On the other hand, the oil crisis of the 1970s and the current Middle East problems are constant reminders of the vulnerability of our fossil fuel dependent agriculture. There are vast areas of the developing world where N fertilizers are neither available nor affordable and, in most of these countries, balance of payment problems have resulted in the removal of N fertilizer subsidies. The external costs of environmental degradation and human health far exceed economic concerns. Input efficiency of N fertilizer is one of the lowest and, in turn, contributes substantially to environmental pollution. Nitrate in ground and surface waters and the threat to the stability of the ozone layer from gaseous oxides of nitrogen are major health and environmental concerns. The removal of large quantities of crop produce from the land also depletes soil of its native N reserves. Another concern is the decline in crop yields under continuous use of N fertilizers.
These economic, environmental and production considerations dictate that biological alternatives which can augment, and in some cases replace, N fertilizers must be exploited. Long-term sustainability of agricultural systems must rely on the use and effective management of internal resources. The process of biological nitrogen fixation offers and economically attractive and ecologically sound means of reducing external nitrogen input and improving the quality and quantity of internal resources. In this book, we outline sustainability issues that dictate an increased use of biological nitrogen fixation and the constraints on its optimal use in agriculture.

Management of Biological Nitrogen Fixation for the Development of More Productive and Sustainable Agricultural Systems (Developments in Plant and Soil Sciences)

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Management of Biological Nitrogen Fixation for the Development of More Productive and Sustainable Agricultural Systems (Developments in Plant and Soil Sciences)

Manufacturer: Springer
ProductGroup: Book
Binding: Hardcover

Environmental Science | Earth Sciences | Science | Subjects | Books

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ASIN: 0792334132

Book Description

The subsistence agriculture of the pre-chemical era efficiently sustained the nitrogen status of soils by maintaining a balance between N loss and N gain from biological nitrogen fixation (BNF): the microbial conversion of atmospheric N to a form usable by plants. This was possible with less intensive cropping, adaptation of rational crop rotations and intercropping schemes, and the use of legumes as green manure. Modern agriculture concentrates on maximum output, however, overlooking input efficiency; It is not sustainable. Intensive monocropping, with no or inadequate crop rotations or green manuring, together with the excessive use of chemical N fertilizers, results in an imbalance between N gain and N loss. The losses are often larger than the gains, and soil N status declines. The challenge is to sustain soil N fertility in many different tropical and temperate farming systems operating at high productivity levels. This requires judicious integration of BNF components, maintaining a good balance between N losses and gains.
In this book, papers on BNF in crop forage and tree legumes are augmented with discussions of integrated farming systems involving BNF, soil and N management, and recycling of legume residues. BNF by non-legumes are discussed, and attempts to transform cereals into nodulating plants are critically reviewed. Advances in the development of novel methodologies to understand symbiotic relations and to assess N ₂ fixation in the field are described, and means are presented to enhance BNF through plant and soil management or breeding and selection. Problems encountered in exploiting BNF under field conditions are examined, as are promising approaches to improving BNF exploitation.

Biological Fixation of Nitrogen for Ecology and Sustainable Agriculture (NATO ASI Series / Ecological Sciences)

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Biological Fixation of Nitrogen for Ecology and Sustainable Agriculture (NATO ASI Series / Ecological Sciences)

Manufacturer: Springer
ProductGroup: Book
Binding: Hardcover

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ASIN: 3540620567

Book Description

Biological nitrogen fixation (BNF) - the conversion of molecular nitrogen into ammonia - is one of the most important reactions in ecology and agriculture. It is performed exclusively by microbes (prokaryotes) that live in symbiosis with plants. This book summarizes the latest research on this reaction, the participating microbes and the genetics of how their relevant genes could be transferred into the plants. In the light of a more sustainable and less ecologically damaging agriculture, this is becoming an increasingly pressing issue.

Book Description

This comprehensive text describes the diseases associated with water, their causative agents and the ways in which they gain access to water systems. It also details the methods for detecting and identifying waterborne microorganisms, the ways in which they are removed from water, and the risks they present to water users. This handbook will serve as an indispensable reference for public health microbiologists, water utility scientists, research water pollution microbiologists environmental health officers, consultants in communicable disease control and microbial water pollution students.

* In-depth accounts of the micro-organisms which are of significance to public health
* Highlights the basic microbiology, clinical features, survival in the environment, and gives a risk assessment for each pathogen
* Relates the pathogens to water pollution in a practical and research orientated way
* Covers drinking water and both marine and freshwater recreational bathing waters

Microbiology of Waterborne Diseases: Microbiological Aspects and Risks

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Microbiology of Waterborne Diseases: Microbiological Aspects and Risks
Peter Whyn-Jones; Jane Sellwood; Rachel Chalmers; Paul Hunter; M
Manufacturer: Academic Press
ProductGroup: Book
Binding: Paperback
ASIN: B000OH6V3O

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A Treasure

An excellent handbook on the subject

The Editor Needs Glasses

This book is over priced

Problems and Solutions on Quantum Mechanics: Major American Universities Ph. D. Qualifying Questions and Solutions

Manufacturer: World Scientific Publishing Company
ProductGroup: Book
Binding: Paperback

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Similar Items:

Problems and Solutions on Electromagnetism (Major American Universities Ph.D. Qualifying Questions and Solutions)

Problems and Solutions on Thermodynamics and Statistical Mechanics (Major American Universities Ph.D. Qualifying Questions and Solutions)

Problems and Solutions on Mechanics: Major American Universities Ph.D. Qualifying Questions and Solutions (Major American Universities PhD Qualifying Questions & Solutions)

Problems and Solutions on Solid State Physics, Relativity and Miscellaneous Topics (Major American Universities Ph.D. Qualifying Questions and Solutions) ... Ph. D. Qualifying Questions and Solutions)

Princeton Problems in Physics with Solutions

ASIN: 9810231334

Customer Reviews:

A Treasure.......2002-10-07

All of these books titled "Problems and Solutions on (subject): Major American Universities Ph.D. Qualifying Questions and Solutions" are invaluable tools for a physics graduate student, in my experience. For quantum mechanics in particular, solved problems often illustrate difficult concepts better than any explanatory paragraph in a text.

Criticism: Sparse index and contents. You'll find yourself adding notes to pages in the book quite often.

If you are a student in physics, I suggest that you get your hands on these books.

An excellent handbook on the subject.......2002-01-17

Sometimes it is very difficult to teach a course in quantum mechanics because there are few problems that have solutions that do not require months of research and numerical methods to solve. I have found that in my own courses on quantum mechanics, I take a lot of notes and I do a lot of homework assignments, but I don't have a whole lot of concrete, well-explained problems and solutions to show for all of the work. Since I found this book and those that accompany it, however, I have a very good source for problems and their solutions in QM. These problems are an excellent study aid for the solutions provide insight into the basics of the field. Strongly recommended.

The Editor Needs Glasses.......2001-11-08

I study physics in Chile, and this book has been pretty useful for a first course in QM, but I have to note that the first 170 pages are titled "Problems and Solutions on Electromagnetism"! I hope someone gets word to the editor....

Other than that, I'm pretty sure this book will find a place on your private shelf.

This book is over priced.......2001-10-10

This is a good book, although it's hard to use, and the reason for that is simple: with such a great variety of problems in Quantum Mechanics it's next to impossible to conveniently systemize the content. I did find this book useful in preparation for my Ph.D. qualifying exam, but looking back I can tell that I would have passed without it. I think it's a great book for those looking for an easy way of doing homework, whereas educational value of this book is questionable.

Book Description

Great-granddaughter of homesteaders in north-central Montana, Mary Clearman Blew grew up in one of the last vestiges of the rural frontier. Her girlhood chores--hauling water and rounding up cattle--were remote even to her town-bred classmates in the forties and fifties. It was a girlhood she now recalls realistically, with affection but without nostalgia.

Many others have written about this land, its people, and its history, and Blew examines portrayals of the West in some of their writing, including B. M. Bower's CHIPS OF THE FLYING U and the novels of Dorothy M. Johnson and A. B. Guthrie, Jr. Always her discussions are permeated with landscape and memory.

Her essays interlock nature writing, autobiography, literary criticism, and history in a collection that reflects a woman's life in the Rocky Mountain West. Blew immerses readers in a landscape of mountains and prairies, blizzards and scorching sun, and in a regional history in which Indians lose the landscape to white settlers, who find the living tough.

BONE DEEP IN LANDSCAPE demonstrates Mary Clearman Blew's commitments to place as a source of knowing and to living consciously--as writer, mother, scholar, and western woman.

Customer Reviews:

Wonderful comment on landscape and connection to place...........2001-12-16

This is a phenomenal book written by a phenomenal author. Her writing is mesmerizing, especially for those who've lived in similar places and experienced the grandeur and the hardships that one experiences living in the Northwest.

I was offered an opportunity at a fellowship studying Western literature under Mary Clearman Blew's tutelage a couple of summers ago. I found her insight into Western literature as a whole, man's connection to the landscape, and living in the "Real West" fascinating. She is a true storyteller and a voice for those of us who see ourselves intrinsically linked to this place we call home.

On a side note: My favorite Blew short story is "The Sow in the River," which can be found in the book _A Circle of Women_. Excellent reading!

Bone Deep.......2000-05-09

I read Mary Clearman Blew's collection of essays over the last weekend and found it to be wonderfully descriptive of the western experience both historically and in current times! It especially describes the experience of rural western women well: their strengths and the challenges they have faced. As a social worker I found her final essay about the experience of a single mother as foster parent balancing the demands of author, educator, mother, grandmother and foster parent to be beautifully written. Ms. Clearman Blew's sense of space and the elements is moving. The reader feels she is there with the author in each of the essays.

Bone Deep in Landscape: Writing, Reading, and Place (Literature of the American West, 5)

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Bone Deep in Landscape: Writing, Reading, and Place (Literature of the American West, 5)
Mary Clearman Blew
Manufacturer: University of Oklahoma Press
ProductGroup: Book
Binding: Hardcover
ASIN: B000QYGUPY

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