Book Reviews

Book reviewed in this article:
T ender M ercies , by Rosellen Brown
P sychiatrists and the L egal P rocess : D iagnosis and D ebate , edited with commentary by Richard J. Bonnie, LL.B.
F orgive and R emember : M anaging M edical F ailure . By Charles L. Bosk
T he S wine F lu A ffair : D ecision -M aking on A S lippery D isease . By Richard E. Neustadt and Harvey V. Fineberg     

Responses to Emery

Richard Neely, Take Back Your Neighborhood New York: Donald I. Fine, Inc., 1990, 224pp.     

Book Reviews

Books reviewed:
Revesz, Richard L., Sands, Philippe and Stewart, Richard B., Environmental Law, the Economy, and Sustainable Development
Larsson, Marie-Louise, The Law of Environmental Damage, Liability and Reparation
Helm, Carsten, Economic Theories of International Environmental Co-operation
Andersen, Mikael Skou and Liefferink, Duncan, (eds.) European Environmental Policy: The Pioneers
O'Riordan, Tim, (ed.) Globalism, Localism and Identity: Fresh Perspectives on the Transition to Sustainability
Skjaerseth, Jon Birger, North Sea Co-operation: Linking International and Domestic Pollution Control
Newell, Peter, Climate for Change: Non-State Actors and the Global Politics of the Greenhouse
Bergesen, Helge Ole and Lunde, Leiv Dinosaurs or Dynamos? The United Nations and the World Bank at the Turn of the Century
Hillary, Ruth, (ed.) ISO 14001: Case Studies and Practical Experiences     

Sentencing guidelines and penal aims in Minnesota

H. Richard Uviller, Virtual Justice: The Flawed Prosecution of Crime in America, New Haven: Yale University Press, 1996, xvii + 318 pp.     

Bibliographical essay / the hart‐Devlin debate

Richard Posner, Not a Suicide Pact: The Constitution in a Time of National Emergency New York: Oxford University Press, 2006, 208 pp.     

BOOK REVIEWS

Book Review in This Article:
CONDEMNED TO DIE: LIFE UNDER SENTENCE OF DEATH. By Robert Johnson
CONFINEMENT IN MAXIMUM SECURITY. Edited by David A.
KNOWING RIGHT FROM WRONG: THE INSANITY DEFENSE OF DANIEL McNA UGHTAN. By Richard Mman.     

THE BOOKSHELF

Parents Whose Parents Were Divorced R. Thomas Berner
Divorce and the Next Generation: Effects on Young Adults' Patterns of Intimacy and Expectations for Marriage Craig A. Everett, Ed.
Fathers and Child Custody: A Comparative Review of Interventions for Children of Divorce: Custody, Access and Psychotherapy William Hodges
The Custody Revolution Richard Warshak     

REVIEWS

Book reviewed in this article: Essays on Law and Social Practice in South Africa. Edited by Hugh Corder. Intellectual Property Rights in Biotechnology Worldwide Stephen A. Bent, Richard L. Schwaab, David G. Conlin, Donald D. Jeffery.     

The Process is the Rule and the Punishment is the Process

Andrew Ashworth, The Criminal Process: An Evaluative Study , Oxford: Clarendon Press, 1994, 315 pp, hb £45.00, pb £12.95. Andrew Sanders and Richard Young, Criminal Justice , London: Butterworths, 1994, 496 pp, pb £18.95.     

The Law and Economics of Conflict of Laws

Review of Policy and Pragmatism in the Conflict of Laws. MichaelJ. Whincop and Mary Keyes. Foreword by Richard A. Posner. Burlington,VT: Ashgate Publishing, 2001.     

THE BOOKSHELF

Books reviewed in this article:
Bette L. Bottoms, Margaret Bull Kovera, and Bradley D. McAuliff, eds., Children, Social Science and the Law .
Julia Fionda, ed., Legal Concepts of childhood .
Lynn Mather, Craig McEwen, and Richard J. Maiman, Divorce Lawyers at Work: Varieties of Professionalism and Practice .     

THE BOOK SHELF

NICHOLS, William C., Jr., (Editor) Marriage and Family Therapy: A Reader from the NCFR Journals
FERBER, MENDOLHSON & NAPIER, The Book of Family Therapy
GARDNER, Richard A., M.D., The Boys and Girls Book About Divorce
BURR, Wesley R., Theory Construction and the Sociology of the Family     

Book Reviews

Book review in this Article
Business War on the Law: Updated for the Reagan Years. By Mark Green and Norman Waitzman. Preface by Ralph Nader
Medical Choices, Medical Chances. By Harold Bursztajn, Richard I. Feinbloom, Robert M. Hamm, and Archie Brodsky
Malpractice. By John R. Feegel
Suicide and Euthanasia: The Rights of Personhood. Edited by Samuel E. Wallace and Albin Eser     

Book Reviews

Book reviewed in this article:
T he M edusa and the S nail . By Lewis Thomas
B roca's B rain . By Carl Sagan
A P rivate B attle . By Cornelius Ryan and Kathryn Morgan Ryan
S mall F utures : C hildren , I nequality , and the L imits of L iberal R eform . By Richard H. de Lone for the Carnegie Council on Children     

THE BOOKSHELF

THE FIRST INTERVIEW WITH THE FAMILY Helm Stierlin, lngeborg Rucker-Embden, Norbert Wetzel and Michael Wirsching
HANDBOOK OF FAMILY THERAPY Allan S. Gurman, Ph.D., and David P. Kniskern, Psy.D.
HELPING COUPLES CHANGE Richard B. Stuart
CREATIVE MARRIAGE: MAKING YOUR MARRIAGE WORK IN THE 80's Me1 Krantzler     

On the efficiency of the common law: an application to the recovery of rewards

Richard Posner’s influence on the field of law and economics cannot be overstated. Among his many contributions, Posner offered an early conjecture that remains fascinating and controversial to this day: the idea that common law rules are more likely than legislative codes to be concerned with efficiency. In this paper, I compare the efficiency of a common law rule of contracting to the efficiency of a civil law rule. In common law jurisdictions, claimants must have knowledge of a reward in order to recover. In civil law jurisdictions, however, no such knowledge is required. I analyze the efficiency of each rule by examining the incentives created by each rule. In a finding that agrees with Posner’s hypothesis, I argue that the common law rule is more efficient. The model has a number of applications beyond contract default laws. I use the model to discuss three legal questions previously analyzed by Richard Posner: (1) incentivizing innovation; (2) the finders-keepers rule in property law; and (3) salvage rights in maritime law.     

A Case for Public Service Work

The authors wish to acknowledge the contributions of the following persons: the Honorable Harris H. Agnew, Associate Circuit Judge, Seventeenth Judicial Circuit, Winnebago County, Ill.; Robert L. Bingham, MSS, Supervisor, Juvenile Probation Division; and Richard Sink, Director, Winnebago County, Illinois Public Service Work Program.     

Book Reviews

Book Review in This Article:
CRIME AND CA PITA LISM: READINGS IN MA RXlST CRIMINOLOG Y. Edited by David F. Greenberg.
MONEY, WORK, AND CRIME: EXPERIMENTAL EVIDENCE. By Peter H. Rossi, Richard A . Berk. and Kenneth J. LPnihan.
THE FAILURE OF IMPRISONMENT. By Roman Tomasic and Ian Dobinson.
PRISON CRISIS. By Peter Evans.
THE COMING PENAL CRISIS: A CRIMINOLOGICAL AND THEOLOGICAL EXPLANA TION. Edited by Anthony Bottoms and Ronald Preston.     

BOOK REVIEWS

BOOK REVIEWS in this articles:
THE DISCIPLINE OF LAW, Lord Denning.
INTRODUCTION TO LAW AND THE LEGAL SYSTEM, Second Edition. Harold J. Grilliot.
SOCIAL ISSUES IN BUSINESS, Third Edition. Fred Luthans, Richard M. Hodgetts, and Kenneth R. Thompson.
ENVIRONMENTAL LAW: PEOPLE, POLLUTION, AND LAND USE Bill Shaw. St. Paul
ABUSE ON WALL STREET: CONFLICTS OF INTERESTS IN THE SECURITIES MARKETS Report to the Twentieth Century Fund.     

BOOK REVIEW DEPARTMENT

Books Reviewed in this Article:
ECONOMIC ANALYSIS OF LAW, Richard A. Posner. Boston: Little, Brown and Co., 1973. Pp. 415.
ENVIRONMENTAL, ADMINISTRATION, Stahrl Edmunds and John Letey. New York: McGraw Hill, Inc., 1973. Pp. 517.
CRUEL AND UNUSUAL: THE SUPREME COURT AND CAPITAL PUNISHMENT, Michael Meltsner. New York: Random House, 1973. Pp. 338.
FUNDAMENTALS OF BUSINESS LAW, Seymour Kleinman. Chicago: Callaghan and Co., 1973. Pp. 853.