Civil codes / civil law Books
Oxford University Press Inc Law 101 Everything You Need to Know About
Book SynopsisTrade ReviewPraise for the previous editions:An engaging introduction to just about every aspect of law. * The American Lawyer *All the benefits of that first year of law school without the tedium, the terror, and the sleep deprivation...These legal lessons are presented in a style nearly always engaging and very often humorous. * Jurist *An entertaining and informative introduction to the law...For journalists, those interested in the law, and fans of television law dramas, this book should be required reading. * Library Journal *A layperson's introduction to the legal subjects that assault every first-year law student. From constitutional law to contracts to Dickensian procedures that guide civil suites, the book gives an approachable overview of the cases and concepts that combine to form our legal system. * Newark Star-Ledger *Though a book is aimed at laypersons, it offers a good refresher course to update legal practitioners and paraprofessionals in areas where they do not specialize. A good read overall for those interested in the law. * Booklist *Law 101 attempts to teach you how to think like a lawyer * without requiring that you dedicate three years and tens of thousands of dollars to the task. The result? A practical book that is also a pleasure to read.The Trenton Times *This basic text offers nonlawyers a concise, accessible overview of topics typically introduced in the first year of law school. Feinman, a law professor at Rutgers, cites seminal cases to highlight key concepts in the fields of constitutional law, civil procedure, torts, contracts, property, criminal law and criminal procedure. He does not minimize the actual complexity of these subjects, conceding variously that contract law has "tormented the most students," property law "most irritates students," conflicts of law "tortures students" and civil procedure is "the most alien." Nevertheless, he distinguishes his book from the various how-to-be-your-own-lawyer manuals on the market: 'This one is fun to read.' ...But many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly (Praise for the Second Edition) *Many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly *Feinman's style makes for easy reading, and Law101 is chock full of analyses, anecdotes, examples, questions, and legal reasoning set out in lay terms. Overall, the book provides an excellent explanation of what American law is, and it frequently suggests ways in which it might be improved. * The Federal Lawyer *Academic law libraries and law libraries serving the public, academic libraries serving undergraduate students, and public libraries will find this book a good addition to their collections. This book is also a good read for students thinking of attending law school and for those persons who have been away from the practice of law but are interested in getting reacquainted with its basics. * Alicia G. Jones, Reference Librarian, Lesar Law Library, Southern Illinois University School of Law, Law Library Journal *Table of ContentsPreface Chapter 1: There Are No Secret Books: You Can Understand the Law Chapter 2: The Supreme Law of the Land: Constitutional Law Chapter 3: First Freedoms: Constitutional Rights Chapter 4: Your Day in Court: The Litigation Process Chapter 5: Hot Coffee and Crashing Cars: Tort Law Chapter 6: A Deal's a Deal: Contract Law Chapter 7: You Are What You Own: Property Law Chapter 8: Crime Doesn't Pay: Criminal Law Chapter 9: Protecting the Innocent, Freeing the Guilty: Criminal Procedure Conclusion Index of Legal Cases Index of Subjects
£21.84
Stanford University Press The Civil Law Tradition: An Introduction to the
Book SynopsisDesigned for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today. Trade ReviewPRAISE FOR THE FIRST EDITION: "This little book is not only readable—a feat in itself—but also insightful and provocative in its treatment of the folklore and practice of the civil law. . . . A lively introduction to civil law thinking with its historical, political, and social dimensions."—The American Journal of Comparative Law"The most readable and succinct account of the origins, the development, and the philosophy of the civil law. . . . Written for those unfamiliar with the study of comparative law and legal systems, the book distinguishes the civil law tradition from that of the common law tradition of the English speaking countries. . ."—Houston Law Review"Of value both to the undergraduate and graduate student of comparative politics, as well as the law student interested in comparative law. . . . A most useful introduction."—Social Science QuarterlyTable of Contents1. Two Legal Traditions 2. Roman Civil Law, Canon Law, and Commercial Law 3. The Revolution 4. The Sources of Law 5. Codes and Codification 6. Judges 7. The Interpretation of Statutes 8. Certainty and Equity 9. Scholars and Legal Education 10. Legal Science 11. The General Part 12. The Legal Process 13. The Division of Jurisdiction 14. Legal Categories 15. The Legal Professions 16. Civil Procedure 17. Criminal Procedure 18. Constitutional Review 19. Perspectives 20. The Future of the Civil Law Tradition
£75.20
Stanford University Press The Civil Law Tradition: An Introduction to the
Book SynopsisDesigned for the general reader and students of law, this is a concise history and analysis of the civil law tradition, which is dominant in most of Europe, all of Latin America, and many parts of Asia, Africa, and the Middle East. The fourth edition is fully updated to include the latest developments in the field and to correct and update historical details gleaned from newly-published research on Roman and Medieval law. In the past ten years, the legal profession has changed radically, with the growing international ubiquity of large law firms operating across borders (which was previously a uniquely American phenomenon). This new edition updates the book from the post-Soviet era to ongoing current issues, including Brexit and the status of the European Union. It discusses how civil law codes have shifted in some countries to adapt to modern and changing ideologies and also includes brand-new material on legal education, which is of central importance to the legal profession today. Trade ReviewPRAISE FOR THE FIRST EDITION: "This little book is not only readable—a feat in itself—but also insightful and provocative in its treatment of the folklore and practice of the civil law. . . . A lively introduction to civil law thinking with its historical, political, and social dimensions."—The American Journal of Comparative Law"The most readable and succinct account of the origins, the development, and the philosophy of the civil law. . . . Written for those unfamiliar with the study of comparative law and legal systems, the book distinguishes the civil law tradition from that of the common law tradition of the English speaking countries. . ."—Houston Law Review"Of value both to the undergraduate and graduate student of comparative politics, as well as the law student interested in comparative law. . . . A most useful introduction."—Social Science QuarterlyTable of Contents1. Two Legal Traditions 2. Roman Civil Law, Canon Law, and Commercial Law 3. The Revolution 4. The Sources of Law 5. Codes and Codification 6. Judges 7. The Interpretation of Statutes 8. Certainty and Equity 9. Scholars and Legal Education 10. Legal Science 11. The General Part 12. The Legal Process 13. The Division of Jurisdiction 14. Legal Categories 15. The Legal Professions 16. Civil Procedure 17. Criminal Procedure 18. Constitutional Review 19. Perspectives 20. The Future of the Civil Law Tradition
£19.79
Stanford University Press Translating Food Sovereignty: Cultivating Justice
Book SynopsisIn its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up. Trade Review"This book brings to life interactions among globally connected activist communities seeking to challenge dominant and rather simplistic ways of thinking about inequality, the environment, poverty, and food production. A must-read for scholars, students, and activists as well as those seeking to implement more inclusive and realistic policies."—Eve Darian-Smith, University of California, Irvine"Matthew Canfield is one of the leading socio-legal scholars focused on food sovereignty and agroecology. In this gripping account of the burgeoning food sovereignty movement in the US, he highlights how activists use food sovereignty to challenge transnational governance and neoliberal economic models. Canfield grounds his work in detailed ethnographical study and tells a bigger story of how struggles over the control of food systems can transform law, society, and economy. The food sovereignty movement is over 25 years old and has used law in complex and creative ways. While at the same time, food politics today are more intense than ever. This book is incredibly timely and provides an account of legality in the food sovereignty movement that we've all been waiting for."—Michael Fakhri, UN Special Rapporteur to the Right to Food"Translating Food Sovereignty is as ambitious as it is engaging. Expertly weaving together ethnography with legal studies, Canfield not only helps us to re-imagine more just food systems, he shows us how this is already being done."—Jessica Duncan, Wageningen University"Canfield examines the 'social practices of translation' involved in food sovereignty, whereby power and meaning are constantly contested and shifting. Using ethnographic research methods, the author traces the historical evolution of food sovereignty and then provides examples of how groups attend to issues such as control and communication in food governance at local, national, and international levels.... Recommended."—C. L. Lalonde, CHOICE"Canfield's book represents a grounded and inspiring assessment of how strategically cultivating justice in an age of global governance, through different local and global forms of legal mobilization of food sovereignty – from street protests to strategic litigation – can hold tremendous promise."—Jeff Handmaker, The Journal of Peasant Studies"Canfield's book points to openings in an ongoing and probably irresolvable debate. His careful, comprehensive, and rigorous examination of several cases invites us to step into them and explore what the right to food and other rights could look like in some places. He allows us to explore what is possible and what could be realized through collective, concerted action on multiple scales. Ultimately, the struggle and debate continues well beyond the conclusion of the book, and we can thank Canfield for offering us some new tools and insight toward carrying on the struggle."—Amy Trauger, The AAG Review of Books"This work is extremely useful for community organizers and activists in this area and policymakers at all levels, local, national, and international."—Richard Zimmer, Food Anthropology"[W]ell written, informative, and engaging. For anyone interested in learning about the FS [food sovereignty] movement, this book provides a general history of the global FS movement and a detailed record of FS activism in western Washington.... Due to Canfield's selected methodology and active participation in the FS struggle, presented perspectives feel personal, giving you insights on why the FS movement is important to many."—Tiffany K. Woods, Agriculture and Human Values"In an era marked by widespread food insecurity and escalating concerns about climate change, Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance by Matthew C. Canfield offers a timely and thought-provoking analysis of the global food system.... With a wealth of experiences spanning from 'formal' to 'informal' and encompassing both legal and practical dimensions, each perspective presented feels remarkably comprehensive and worthy of serious consideration."—Mallory Cerkleski, Journal of Agriculture, Food Systems, and Community Development"In this engaging empirical account, we not only learn about recent and ongoing food sovereignty struggles in their local specificity but also glimpse how these struggles extend beyond lawmaking institutions and across legal jurisdictions. Translating Food Sovereignty thus offers a welcome contribution to legal anthropology, studies of social movements, and scholarship on governance from below."—Leila Kawar, Political and Legal Anthropology ReviewTable of ContentsIntroduction: The Law and Politics of Food Sovereignty 1. Translocal Translation and the Practice of Networks 2. Constructing and Contesting "Local" Food Governance 3. Revaluing Agricultural Labor 4. Protecting People's Knowledge 5. Democratizing Global Food Governance Conclusions: Cultivating Justice in an Age of Transnational Governance
£19.79
Intersentia International Survey of Family Law 2024
Book Synopsis
£88.13
Oxford University Press A Practical Approach to Civil Procedure
Book SynopsisTrusted by generations of students and litigators, this classic text is unrivalled in its detail and provides a thorough and highly practical overview of the key principles and procedures employed in the civil courts.Table of Contents1: Introduction 2: Funding litigation 3: The civil courts 4: Overriding objective and human rights 5: Pre-action protocols 6: Issuing and serving 7: Renewal of process 8: Part 8 claims and petitions 9: Low value road traffic accident claims 10: Alternative dispute resolution 11: Service outside the jurisdiction 12: Responding to a claim 13: Default judgment 14: Statements of case 15: Track allocation and case management 16: Costs management 17: Costs capping and protection 18: Requests for further information 19: Parties and joinder 20: Additional claims under Part 20 21: Limitation 22: Amendment 23: Interim applications 24: Summary judgment 25: Interim payments 26: Security for costs 27: Small claims track 28: Fast track 29: Multi-track 30: Striking out, discontinuance, and stays 31: Disclosure 32: Witness statements and affidavits 33: Hearsay 34: Admissions and documentary evidence 35: Experts 36: Offers to settle 37: Sanctions 38: Listing and pre-trial reviews 39: Trial 40: Remote hearings 41: Judgments and orders 42: Interim injunctions 43: Freezing injunctions 44: Search orders 45: Norwich Pharmacal and related disclosure orders 46: Costs 47: Qualified one-way costs shifting 48: Enforcement 49: Judicial review 50: Appeals
£52.99
Oxford University Press Guidelines for the Assessment of General Damages
Book SynopsisThe Guidelines are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. This new edition has been updated to take into account inflation since the last edition, and also includes new sections on sexual abuse and work-related limb disorders.Trade ReviewReview from previous edition Reviews from previous edition - As all judges involved in hearing personal injury cases will automatically receive a copy of this book, it would seem obvious that no personal injury lawyer should be without it. Certainly for anyone professionally involved in calculating quantum, the purchase of this slim and succinct volume should be considered a necessity. * Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers *The work has become essential for practitioners and now I would not dream of advising on a personal injury matter without referring to the JSB Guidelines first. * Middlesex Law Society: The Bill of Middlesex *You and your practice need this guide if you are involved in any aspect of personal injury work. We hope that other suitable guides will be published by the Judicial College and OUP in the future (for instance, online courts) because they make our working lives much easier as practitioners and they are a boon for unrepresented parties as well. * Elizabeth Taylor & Phillip Taylor MBE, Richmond Green Chambers *Table of Contents1: Injuries Resulting in Death 2: Injuries Involving Paralysis 3: Brain and Head Injury 4: Psychiatric and Psychological Damage 5: Injuries Affecting the Senses 6: Injuries to Internal Organs 7: Orthopaedic Injuries 8: Work-related Limb Disorders 9: Chronic Pain 10: Facial Injuries 11: Scarring to Other Parts of the Body 12: Damage to Hair 13: Dermatitis and Other Skin Conditions 14: Minor Injuries
£27.48
Oxford University Press The Modern Doctrines of Champerty and Maintenance
Book SynopsisAs torts and as crimes, champerty and maintenance were abolished by statute in England and Wales in 1967. They were considered to be obsolete and the product of a bygone age, when abuses of the court system as practised by rich and powerful noblemen required a robust legal response. A modern, sophisticated, and independent judiciary rendered it unnecessary either to punish or to compensate for champerty or maintenance any longer. However, post-1967, their impact was retained via a ''reservation provision'', which ensures that any contract tainted by champerty or maintenance ''is to be treated as contrary to public policy or otherwise illegal.'' Fast forward five decades to the present day, and whilst maintenance has arguably reached its use-by date in English law, the same cannot be said of its more aggressive cousin. Champerty, as a doctrine, retains considerable modern impact in this jurisdiction, stalking the modern funding and civil procedure landscape. It continues to have greatest impact in two areas: the funding of litigation, and the assignments of causes of action. The Modern Doctrines of Champerty and Maintenance looks comparatively at jurisdictions'' attitudes towards champerty and maintenance, together with an analysis of law reform studies in the area, both in England and elsewhere.Table of ContentsPart I: Setting the Context 1: Introducing Champerty and Maintenance 2: The Abolition, and Reservation, of Champerty and Maintenance in England 3: Champerty and Maintenance in Other Jurisdictions Part II: Champertous Funding 4: The Modern Effects of Champerty and Maintenance on Funded Litigation 5: Non-Lawyers' Funding 6: Lawyers' Funding Part III: Champertous Assignments 7: General Concepts: Assessing Champertous Assignments 8: Assigning Causes of Action Ancillary to Property Interests 9: Assigning 'Bare' Causes of Action: Proving a Genuine Commercial Interest 10: Public Policy and the Administration of Justice Part IV: The Potential for Reform 11: Key Reform Issue for Funded Litigation 12: Key Reform Issues for Assignments
£85.50
Oxford University Press Pleadings Without Tears
Book SynopsisPleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new ninth edition is fully updated to take account of all Civil Procedure Rule (CPR) changes since the last edition.The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process, and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. Giving clear examples of how to set out relevant matters with clarity and precision, this book encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case, and the parties'' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a thorough understanding of drafting.Table of ContentsPillars of Understanding (General Principles)Getting the Show on the Road (The Claim)Making a Fight of It (The Defence and Counterclaim)The Right to Reply (The Reply)Don't Answer Back (Rejoinder, etc)Pray - Tell Me (The Request for Further Information)'Just to Let You Know...' (The Answer to a Request for Further Information)Come and Join In (Additional Claims Against Third Parties)Pieces of Eight (The Part 8 Procedure)'To Tell You The Truth...' (Witness Statements, and the Odd Affidavit)Just a Minute (Minutes and Agreed Orders)Bones of Contention (The Skeleton Argument)A Matter of Opinions (Opinion Writing)
£46.99
Oxford University Press Borkowskis Textbook on Roman Law
Book SynopsisBorkowski''s Textbook on Roman Law is the leading contemporary textbook in the field of Roman law, and has been written with undergraduate students firmly in mind. The book provides a clear and highly engaging account of Roman private law and civil procedure, with coverage of all key topics, including the Roman legal system, and the law of persons, property, and obligations.The book gives a comprehensive overview of both the historical context and modern relevance of Roman law today. Included are references to a wide range of scholarly texts, to ground the judicious account of Roman law firmly in contemporary scholarship. There are also examples from legal practice, as well as truncated timelines at the start of each chapter to illustrate how the law developed over time.The book contains a wealth of learning features, including chapter summaries, diagrams and maps. A major feature of the book is the inclusion of translated extracts from the most important sources of Roman law: the DigeTrade ReviewThe most useful modern title in the English language. * Stefan Enchelmaier, Professor of European and Comparative Law, University of Oxford *It is far and away the best introduction to Roman law in terms of both clarity and coherence. * Caroline Humfress, Professor in Mediaeval History, University of St Andrews *Table of Contents1: Introduction: Rome - a historical sketch I. The Roman Legal System 2: The sources of Roman law 3: Roman litigation II. The Law of Persons 4: Status, slavery and citizenship 5: The Roman family III. The Law of Property and Inheritance 6: Interests in property 7: Acquiring ownership 8: Inheritance IV. The Law of Obligations 9: Obligations: general principles and obligations arising from contracts 10: Obligations arising from delict V. Roman Law and the Modern World 11: Roman law and the European ius commune
£50.34
Oxford University Press The Civil Procedure Rules at 20
Book SynopsisCivil Procedure Rules at 20 is a collection of presentations and papers to mark the 20th anniversary of the CPR coming into force, many of which were delivered orally at the CPR at 20 Conference at the Bonavero Institute of Human Rights, at Mansfield College, Oxford, in 2019. The presentations and papers have been edited and extended to provide a permanent record available to a wider audience.The book is dedicated to examining key challenges and changes facing the civil justice system, marking the 20th anniversary of the current civil procedures governing civil litigation in England and Wales. It addresses a range of technical, political, and controversial subjects on access to justice and the rules governing civil litigation, including the digitization of the justice system and the future role of artificial intelligence; the emergence of class actions; disclosure rules and reform; restrictions on Judicial Review challenges to Government decisions; closed material proceedings; and efforts to make the costs of civil litigation more affordable and proportional, including the availability of legal aid.With a Foreword by Lord Briggs, the contributions come from those best qualified to tell this story, from senior judges, practitioners, and leading academic scholars each with their own unique perspective.Trade ReviewAndrew Higgins' superbly edited Civil Procedure Rules at 20 will be of considerable interest to any practitioner. I have found it both thought-provoking and a book that made me reflect upon my own bad practice – no bad thing at all. I therefore wholeheartedly commend Civil Procedure Rules at 20. * Russell J Kelsall, Solicitor, Student Law Journal *Table of ContentsPart I: Introduction 1: Damien Byrne Hill and Maura McIntosh: The Civil Procedure Rules Twenty Years On: The Practitioners' Perspective 2: Andrew Higgins: Keep Calm and Keep Litigating Part II: Judicial Presentations 3: Terence Etherton: Rule-Making For a Digital Court Process: The Civil Procedure Rules 4: Peter Coulson: Discovery: To Disclosure and Beyond 5: Ernest Ryder: Transformation from First Principles 6: Nathalie Lieven: Interventions in Judicial Review Proceedings 7: Martin Chamberlain: National Security, Closed Material Procedures, and Fair Trials 8: Rupert Jackson: Civil Justice Reform: Where Next? 9: Kate O'Regan: Reflections from Former Masters of the Rolls on Managing Civil Justice Part III: Collective Redress 10: Stephen Wisking and Ruth Allen: Taking Stock of the Collective Proceedings Regime in the Competition Appeal Tribunal - A Successful Compromise? 11: Rachael Mulheron: Lord Woolf, Multi-Party Situations, and Limitation Periods Part IV: Disclosure 12: Charles Hollander: Disclosure: Should We Have Stayed with the RSC? 13: Stuart Sime: Proportionality and Search-based Disclosure Part V: Judicial Review 14: Maurice Sunkin: The Use of Empirically Based Information when Reforming and Evaluating Judicial Review 15: Joe Tomlinson & Alison Pickup: 1. Reforming Judicial Review Costs Rules in an Age of Austerity Part VI: Costs and Funding 16: Rabeea Assy: The Overriding Principles of Affordable and Expeditious Adjudication 17: John Sorabji: The Long Struggle for Fixed Cost Reform Part VII: National Security 18: Hayley J. Hooper: A Core Irreducible Minimum? The Operation of the AF (No. 3) Duty in the Closed Material Procedure Part VIII: Technology 19: Richard Goodman: Reform of Civil Justice 20: Adrian Zuckerman: Artificial Intelligence in the Administration of Justice
£105.00
Oxford University Press A Practical Approach to Civil Procedure
Book SynopsisTrusted by generations of students and litigators, A Practical Approach to Civil Procedure is a classic text which guides you through the maze of procedural requirements utilized by the civil courts. Written by an expert in the field, and co-editor of Blackstone''s Civil Practice, this book is unrivalled in its detail of the various stages of a civil claim, making it essential reading for students and newly qualified litigators alike.Taking a thoroughly practical focus throughout, the book charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the reader to the forms and documents which will be encountered in practice, while key point summaries featured at the end of chapters highlight the essential points covered.
£50.34
Oxford University Press EU Justice and Home Affairs Law
Book SynopsisEU Criminal Law, Policing, and Civil Law offers comprehensive coverage and expert analysis of every facet of EU Justice and Home Affairs Law concerning policing, criminal law, and cross-border civil cooperation. Fully updated to include the latest legislation and case law, this volume includes discussion of Europol, Eurojust, the European Public Prosecutor, fair trials laws, the European Arrest Warrant, the European Investigation Order, transfer of prisoners, EU rules on double jeopardy, exchange of policing information, interception of telecoms, and cross-border cooperation on civil cases. It also fully explains the EU''s relationship with the UK in this field after Brexit, as well as the EU''s arrangements with other non-EU countries.Steve Peers'' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.Table of Contents1: Introduction 2: Institutional Framework 3: Criminal Law: Mutual Recognition 4: Criminal Law: Criminal Procedure 5: Substantive Criminal Law 6: Criminal Law: Jurisdiction, Coordination, and Prosecution 7: Policing and Security 8: Civil Cooperation
£175.00
Oxford University Press Guidelines for the Assessment of General Damages
Book SynopsisThe Guidelines for the Assessment of General Damages are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation.This new edition has updated the award figures to take into account the rise in inflation. The book also considers a small number of decisions concerning damages for sexual abuse, including image based abuse, since the previous edition.This book is edited by a working party of the Judicial College, under the chairmanship of The Hon. Mrs Justice Lambert DBE. The members of the working party are all lawyers and personal injury specialists: Stuart McKechnie KC, barrister; Steven Snowden KC, barrister; Lisa Sullivan, Master of the Queen''s Bench Division; and Richard Wilkinson, barrister.
£25.60
Lexington Books A Philosophical Theory of Citizenship Obligation
Book SynopsisA Philosophical Theory of Citizenship answers seminal questions about legal obligation, government authority, and political community. It employs an "idiomatic" theory of reality, ethical conduct, and the self to justify patriotic duty, classical liberty, and national sovereignty.Trade ReviewA fresh new argument, thoughtful, subtle,and persuasive, on a concern as old as Aristotle: the nature of citizenship. -- Isaac Kramnick, Cornell UniversityTable of ContentsChapter 1 Table of Contents Chapter 2 Preface and Acknowledgments Chapter 3 1 Introduction Chapter 4 2 Inadequate Theories Chapter 5 3 Reality and Coherent Conduct Chapter 6 4 The Self and its Obligations Chapter 7 5 Political Authority and its Limits Chapter 8 6 The Best Political Community Chapter 9 7 International Justice Chapter 10 8 Conclusions and Applications Chapter 11 Bibliography Chapter 12 Index
£83.70
University Press of America The Leipzig Model Myth or Reality
Book SynopsisThe Leipzig Model describes how civil servants in Leipzig, a city in the former East Germany, cope with the challenges stemming from the uneven economic conditions that continue to exist after the reunification. The analysis reviews a series of recent successes achieved by the managerial leaders of Leipzig who have been able to compete and excel in comparison with civil servants in Western Germany and the bureaucracies of several other European Union countries. The book also investigates the local civic culture that is behind the driving forces of the city''s leaders. Leipzig''s local political culture is outlined and its key elements are defined. In addition to examining the professional strength of the city''s civil servants, the book analyzes the strategies being used by the mayor and city managers of Leipzig to achieve such successes and compares these strategies to some current organizational theories and models.Table of ContentsPart 1 List of Acronyms Part 2 Acknowledgements Chapter 3 Introduction Chapter 4 The Bureaucratic Transition Chapter 5 Politics and Human Rights Chapter 6 Ethics in a Society in Transformation Chapter 7 The City of Leipzig Chapter 8 The Structure of Leipzig City Government Chapter 9 The Leipzig Model of Management Chapter 10 Conclusions Part 11 Appendix A: Statistical Information on Leipzig Part 12 Appendix B: Leipzig City Council in 2005 (parties and number of seats) Part 13 Appendix C: Excerpts of Twenty-Four Interviews Part 14 Appendix D: Excerpts from a Newspaper Series on the Leipzig Model Part 15 References Part 16 Index Part 17 About the Author
£50.40
University Press of America A Holistic Approach to Rights
Book SynopsisApplying new theories about rights to pressing social issues, A Holistic Approach to Rights suggests major changes are needed in the ways we think about rights and formulating social policy. Part I analyzes rights as networks of warrants_socially recognized sanctions for doing, saying, demanding, believing, feeling, or thinking something as one''s due. On this account, rights are more varied and play a more diverse and open-ended role in legal and moral thinking than most theories of rights allow. A new theory of natural rights treats them as claims that every person has upon the state, as a condition of legitimacy, to make adequate provision for those features of human life that require force against persons to be justified. Moral rights, such as the right to the truth, derive from team loyalty due fellow members of the moral community and can be lost by someone who acts in ways that undermine the moral enterprise. Part II provides detailed analyses of affirmative action, group rights, the rights of future generations, reproductive rights, the use of new reproductive technologies, and speech rights. Specific conclusions include an innovative proposal for regulating violence and pornography in the media.Table of ContentsPart 1 Preface Chapter 2 Introduction and Overview Part 3 I: Theory of Rights Chapter 4 The Many Flavors of Rights: Entitlements, Liberties, Permissions, and the Right to Die Chapter 5 Rights as Warrants Chapter 6 Why the Correlation Thesis Should Be Discarded Chapter 7 A New Theory of Natural Rights Part 8 II: Particular Rights and Applications Chapter 9 The Right to Speech: Regulating Violence and Pornography in the Media Chapter 10 Moral Rights and the Right to the Truth Chapter 11 Rights of and Obligations to Future Generations Chapter 12 The Right to Reproduce Chapter 13 Group Rights, Loyalty, and Affirmative Action Part 14 Index Part 15 About the Author
£50.40
University Press of America Select Legal Topics
Book SynopsisThe second volume of Select Legal Topics updates, analyses, and covers current developments in such areas of criminal law, criminal procedure, state civil procedure, civil rights matters, constitutional issues, and significant recent Supreme Court decisions. Select Legal Topics also covers issues of mental disease or defects in the case of a criminal client and considers the rules in the criminal procedure law concerning motions to set aside the verdict as well as post-conviction motions. Section one analyzes mainly criminal law issues. Section two considers civil rights issues. Included in this section are such issues as the First Amendment, state action, and other more specific and exact issues in this area. Section three of the book considers various procedural issues. The book also includes a comprehensive index and table of cases. This book, to some extent, is general in character but also hones in and analyses certain legal developments in significant United States Supreme Court Trade ReviewThis new book by Andrew Schatkin will be a great benefit to lawyers, judges, law students, and the general public. Having this reference book will be helpful to anyone who wishes to be informed about the areas of law the book covers. I look forward to further books by Andrew Schatkin. -- Richard Gutierrez, attorney at lawFor more than 35 years, Andrew J. Schatkin has been a practicing attorney, author, and teacher. There are very few lawyers or judges in these United States who can rival his prolific output, his analysis, or his insightful commentaries on subjects relating to the law. All lawyers and the public owe him a debt of thanks for his due diligence. -- Thomas E. Liotti, village justice in Westbury, Long Island, NY, and former chair of New York State Bar Associations’ Criminal Justice SectionTable of ContentsPreface Section I – Criminal Law Introduction 1. Post-Conviction Motions: First in a Three-part Series 2. Post-Conviction Motions: Second in a Three-part Series 3. Post-Conviction Motions: Part Three 4. Notice of Alibi: An Overview and Analysis 5. The Motion to Set Aside the Verdict: A Compilation of Cases 6. An Analysis of the Motion to Set Aside the Verdict: Subsection 1 7. An Analysis of the Motion to Set Aside the Verdict: Subsection 2 8. An Analysis of the Motion to Set Aside the Verdict: Part IV 9. Article 730 / Mental Disease or Defect Excluding Fitness to Proceed: Part I 10. Article 730 / Mental Disease or Defect Excluding Fitness to Proceed: Part II 11. Article 730 / Mental Disease or Defect Excluding Fitness to Proceed: Part III Section II – Civil Rights Law Introduction 12. The First Amendment and State Action 13. Named or Unnamed: A Neat Question 14. State Human Rights and Title VII 15. A Matter of Time 16. A Question of National Origin 17. A Note on Equitable Tolling 18. A Recent Civil Rights Case 19. A Word about Civil Rights and Domestic Violence 20. A Recent Case on Corporate Finance 21. Section 1983 and Excessive Force 22. Termination At Will? 23. A Few Words on a Recent United States Supreme Court Case 24. A Final and Disturbing Labor Law Decision 25. Some Comments on Three Recent Supreme Court Cases Section III – Procedural Issues Introduction 26. The Motion to Strike 27. When an Attorney Does Not Appear: The CPLR Solution 28. A Note on Objections Under the Federal Rules of Civil Procedure Table of Cases Index
£31.50
University of British Columbia Press The Justice Crisis
Book SynopsisUnfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. The Justice Crisis assesses what is and isn't working in an effort to improve a fundamental right of democratic citizenship: access to civil and family justice.Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers such as public education on the law, alternative dispute settlement, and paralegal support is therefore an important concern.Contributors to this wide-ranging overview of new empirical research address several key justice issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within tTrade Review"This book is a useful resource on the costs of justice and also lays out some of the challenges in achieving meaningful access to justice." -- Ian Mackenzie * Slaw Magazine *
£62.90
University of British Columbia Press The Justice Crisis
Book SynopsisUnfulfilled legal needs are at a tipping point in many parts of the Canadian justice system and around the world. The Justice Crisis assesses what is and isn't working in an effort to improve a fundamental right of democratic citizenship: access to civil and family justice.Meaningful access is often a question of providing pathways to resolving everyday legal issues. The availability of justice services that aren't only tied to the courts and lawyers such as public education on the law, alternative dispute settlement, and paralegal support is therefore an important concern.Contributors to this wide-ranging overview of new empirical research address several key justice issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within tTrade Review"This book is a useful resource on the costs of justice and also lays out some of the challenges in achieving meaningful access to justice." -- Ian Mackenzie * Slaw Magazine *
£31.50
RAND The Science of Gun Policy
Book SynopsisThis report synthesizes the available scientific evidence on the effects of various firearm policies on firearm deaths, violent crime, the gun industry, participation in hunting and sport shooting, and other outcomes. Based on this synthesis, the authors highlight policies whose effects are better supported by evidence and areas where more and better information could contribute to establishing fair and effective gun policies.
£67.84
Edward Elgar Publishing Ltd The Economic Analysis of Civil Law
Book SynopsisThis comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.Trade Review‘This work’s relevance extends significantly beyond Germany to jurisdictions in Asia as well as many Anglo-American-law countries. The book offers a systematic coverage of the civil law system, utilizing the law and economics scholarship the authors have pioneered for half a century. It provides accessible discussions on the core pillars of economics that underpin the analyses of legal doctrines. These comprehensive chapters will be a masterpiece introduction for novices and experts alike.’ -- Iljoong Kim, SungKyunKwan University, South Korea‘Hans-Bernd Schäfer and Claus Ott provide a definitive economic analysis of private law in European civil-law systems. With rigorous style and insightful discussions, this outstanding book is a valuable companion for students of both law and economics, explaining in a lucid and comprehensive manner the economic impact of legal norms. Combining the more traditional aspects of efficiency and welfare with behavioural and psychological methods, this is a must-read for all scholars willing to understand the economic foundations of private law.’ -- Emanuela Carbonara, University of Bologna, Italy‘Professors Hans-Bernd Schäfer and Claus Ott are both scientific pillars and co-founders of the economic analysis of law. This publication is a comprehensive, path-breaking and much-needed tool for academic use, for legislative drafting and for legal policy-making aimed at human development while addressing the equity and efficiency foundations of all main legal traditions worldwide. Clearly a masterpiece!’ -- Edgardo Buscaglia, Columbia University, US and National University of Buenos Aires, ArgentinaTable of ContentsContents: Introduction to The Economic Analysis of Civil Law PART I FUNDAMENTALS 1. Alternative decisions, consequences, and evaluations 2. Normative foundations – What is social welfare? Problems of social choice 3. Economics, property rights and economic analysis of law 4. Homo economicus, behavioural economics, and paternalism PART II ECONOMIC ANALYSIS OF TORT LAW 5. Objectives and regulatory problems of tort law, the magic triangle of tort law 6. Fault liability and strict liability 7. Reciprocal and bilateral damages 8. Attribution of damage, causality 9. The scope of protection by tort law, liberal rights, pure economic loss, and non-pecuniary damage 10. Special problems of tort law: product liability, environmental liability, compensation for pain and suffering, vicarious liability, limits of civil liability PART III ECONOMIC ANALYSIS OF CONTRACT LAW 11. On the economic analysis of contractual freedom and contract law 12. The fully specified contract and its reconstruction by default rules 13. Complementary contract interpretation, base of the contract, reconstruction of the fully specified contract, and fair distribution of the total surplus from a contract 14. Economic analysis of breach of contract, impossibility and delay 15. Liability for defects in sales contracts and contracts for work 16. Ignorance, trust, opportunism and efficiency 17. Legal protection of legitimate expectations in the law of exchange of goods and services PART IV PROPERTY RIGHTS (ABSOLUTE RIGHTS) 18. Concept, function and design of property rights 19. The transfer of rights by acquisition in good faith 20. Involuntary transaction of property through taking and regulatory taking 21. Insolvency and conflicting security interests of creditors 22. Incompatible use of land and efficient use of an area 23. Intellectual property rights, the generation of innovations PART V CORPORATE LAW 24. From contract to hierarchy 25. Basic structures and problems of company law Index
£163.40
Edward Elgar Publishing Ltd The Economic Analysis of Civil Law
Book SynopsisThis comprehensive textbook provides a thorough guide to the economic analysis of law, with a particular focus on civil law systems. It encapsulates a structured analysis and nuanced evaluation of norms and legal policies, using the tools of economic theory.Trade Review‘This work’s relevance extends significantly beyond Germany to jurisdictions in Asia as well as many Anglo-American-law countries. The book offers a systematic coverage of the civil law system, utilizing the law and economics scholarship the authors have pioneered for half a century. It provides accessible discussions on the core pillars of economics that underpin the analyses of legal doctrines. These comprehensive chapters will be a masterpiece introduction for novices and experts alike.’ -- Iljoong Kim, SungKyunKwan University, South Korea‘Hans-Bernd Schäfer and Claus Ott provide a definitive economic analysis of private law in European civil-law systems. With rigorous style and insightful discussions, this outstanding book is a valuable companion for students of both law and economics, explaining in a lucid and comprehensive manner the economic impact of legal norms. Combining the more traditional aspects of efficiency and welfare with behavioural and psychological methods, this is a must-read for all scholars willing to understand the economic foundations of private law.’ -- Emanuela Carbonara, University of Bologna, Italy‘Professors Hans-Bernd Schäfer and Claus Ott are both scientific pillars and co-founders of the economic analysis of law. This publication is a comprehensive, path-breaking and much-needed tool for academic use, for legislative drafting and for legal policy-making aimed at human development while addressing the equity and efficiency foundations of all main legal traditions worldwide. Clearly a masterpiece!’ -- Edgardo Buscaglia, Columbia University, US and National University of Buenos Aires, ArgentinaTable of ContentsContents: Introduction to The Economic Analysis of Civil Law PART I FUNDAMENTALS 1. Alternative decisions, consequences, and evaluations 2. Normative foundations – What is social welfare? Problems of social choice 3. Economics, property rights and economic analysis of law 4. Homo economicus, behavioural economics, and paternalism PART II ECONOMIC ANALYSIS OF TORT LAW 5. Objectives and regulatory problems of tort law, the magic triangle of tort law 6. Fault liability and strict liability 7. Reciprocal and bilateral damages 8. Attribution of damage, causality 9. The scope of protection by tort law, liberal rights, pure economic loss, and non-pecuniary damage 10. Special problems of tort law: product liability, environmental liability, compensation for pain and suffering, vicarious liability, limits of civil liability PART III ECONOMIC ANALYSIS OF CONTRACT LAW 11. On the economic analysis of contractual freedom and contract law 12. The fully specified contract and its reconstruction by default rules 13. Complementary contract interpretation, base of the contract, reconstruction of the fully specified contract, and fair distribution of the total surplus from a contract 14. Economic analysis of breach of contract, impossibility and delay 15. Liability for defects in sales contracts and contracts for work 16. Ignorance, trust, opportunism and efficiency 17. Legal protection of legitimate expectations in the law of exchange of goods and services PART IV PROPERTY RIGHTS (ABSOLUTE RIGHTS) 18. Concept, function and design of property rights 19. The transfer of rights by acquisition in good faith 20. Involuntary transaction of property through taking and regulatory taking 21. Insolvency and conflicting security interests of creditors 22. Incompatible use of land and efficient use of an area 23. Intellectual property rights, the generation of innovations PART V CORPORATE LAW 24. From contract to hierarchy 25. Basic structures and problems of company law Index
£44.60
Legare Street Press Cours De Droit Civil Français Volume 1...
Book Synopsis
£28.45
Bloomsbury Publishing PLC Making Sense of Land Law
Book SynopsisTaking a fresh and innovative approach to the subject, Making Sense of Land Law is an essential textbook designed to help those coming to the subject for the first time. Practical scenarios and diagrams are feature throughout, making the subject come alive. The Q&A-style of debate in the book is unique and takes the reader through the issues step by step. This book is suitable as a core textbook, but also as a revision guide or for self-study.This is an ideal text for a land law module at first or second year level, as part of an LLB degree. Also useful for undergraduates of other related disciplines in which an awareness of land and property law is required in an easy-to-digest and accessible manner, such as planning, estate management and business property and other built environment courses. New to this Edition:- Fully revised and updated- The latest on the law of easements- Discussion of the development in constructive and resulting trustsTrade ReviewAs an early convert to Making Sense of Land Law I saw an immediate improvement in the progression and comprehension of my students. The conversational style offers a real alternative to traditional land law textbooks, which the students welcomed. A valuable text that provides insight and learning on key matters in land law. * Kevin Greene, University of Sunderland, UK *Making Sense of Land Law offers students an accessible route into the subject. It breaks down complex areas of law, and leads students through clear examples and highlights key areas of discussion. The summary boxes are a useful tool which help to structure learning. * Kate McCarthy, University of Chester, UK *Table of Contents1. The essence of land law 2. Rights in land before 1926 3. Rights after 1925 in unregistered land 4. Registered land 5. Adverse possession 6. The use of trusts in land 7. Successive interests in land 8. Express co-ownership in land 9. Constructive and resulting trusts 10. The Trusts of Land and Appointment of Trustees Act 1996 11. Overreaching and the protection of interests under a trust of land 12. Proprietary estoppel 13. Licences 14. Freehold covenants 15. Leases 16. Leasehold covenants 17. Easements 18. Mortgages.
£37.99
NOLO Represent Yourself in Court
Book Synopsis
£31.99
Rowman & Littlefield Tried and Convicted
Book SynopsisTried and Convicted offers a controversial look at how our constitutional rights are often circumvented by the criminal justice system with impunity. Readers interested in personal liberties and rights will be intrigued by the ways in which those rights may be trampled should they enter the criminal justice system on the criminal end.Trade ReviewIn this book, Michael D. Cicchina, a Wisconsin criminal defense attorney, argues quite convincingly that fundamental constitutional liberties are under attack by criminal justice practitioners. ... The author also makes a convincing argument that the right to privacy is a soft law that is routinely violated by governmental agents. ... This book is very eye opening and should be read by anyone who is interested in pursuing a career in law enforcement. It is a concise and well-written work that would make excellent supplemental reading material for virtually any undergraduate or graduate level course related to criminal law or criminal procedure. I strongly recommend this book. Once I opened it, I literally could not stop reading. * International Criminal Justice Review *Cicchini puts the police, prosecutors and judges on trial—a highly entertaining turn of events! -- Terry Rose, Rose & Rose Law Firm, Senior Partner, Rose & Rose Law Firm, “A” rated by Martindale-Hubbell, the nation’s leading law directory, Named “Lawyer of the Year” by the ACLU of Wisconsin (1991)In the contrarian spirit of political journalist Christopher Hitchens, Cicchini destroys the prevailing media-driven views on American justice. -- Jay McRoy, Ph.D., professor and chair of English at the University of Wisconsin–Parkside, author, Nightmare Japan and coeditor, Monstrous AdaptationsTried and Convicted brilliantly demonstrates why our constitutional rights are often not what they seem. Michael Cicchini has written a book that can instantly be understood by non-lawyers, but contains much that even practicing lawyers don't know. So you think you know your rights? Wait until you read this. -- Matthew Flynn, senior partner, Quarles & Brady LLP; author, Pryme KnumberHyperbole notwithstanding, Tried and Convicted may be the most insightful, raw, and unvarnished look into the criminal justice system, short of being charged with a crime. -- Amy B. Kushner, Ph.D., coauthor, But They Didn’t Read Me My Rights!, contributing author, 101 Gangster Movies and 101 War MoviesTable of ContentsDisclaimer Introduction 1 “How the Hell Did I Wind Up Here?” 2 The Nature of Constitutional Rights 3 “How Can You Defend Those People?” 4 Self-Incrimination: You (Sort of) Have the Right to Remain Silent 5 Privacy: You Have the Right to Be Secure in Your Home (Unless We Really Want to Come In) 6 Confrontation: You (Might) Have the Right to Cross-examine Your Accuser 7 Taking a Step Back: Some Procedural Basics 8 You Have the Right to a Speedy Trial 9 A Fair and Impartial Jury of Your Peers? 10 Judicial Bias: A Fair Trial in a Fair Tribunal? 11 Prosecutor Misconduct and the “Harmless Error” 12 Plea Bargaining: A Deal Is (Not) a Deal 13 Sentencing: Let the Punishment Exceed the Crime 14 You Have the Right to the Effective Assistance of Counsel 15 Moving Forward Further Reading About the Author
£48.94
Read Books The Brehon Laws A Legal Handbook
£15.00
Bristol University Press Repealing the 8th
Book SynopsisIrish law only currently allows for abortion where the life of the pregnant woman is at risk. A constitutional referendum will be held in 2018 to liberalise abortion law. This book offers practical proposals for policymakers and advocates, including model legislation, making it an essential campaigning tool leading up to the referendum.Trade Review"Nuanced, detailed and clearly explained, even for laypeople like me. A map through the quagmire of Ireland’s reproductive laws” Tara Flynn, Comedian, Actor and Repeal the 8th Campaigner"A quick and mandatory read for anyone seeking the truth, the whole truth and nothing but the truth about the 8th Amendment.” Mara Clarke, Founder, Abortion Support Network."This text's novel proposals for Irish abortion law reform make it an essential read." Brid A Ni Ghrainne, Sheffield University"An incisive, forensic and comprehensive analysis of the legal implications of the 8th amendment to the Irish Constitution in 1983." Linda Connolly, Maynooth University"This careful analysis of the 8th amendment, with its succinct roadmap for reform, should be compulsory reading for Irish legislators." Sandra McAvoy, Historian"This concise critique cuts through decades of controversy with a compelling case for repeal and proposes a workable legislative solution. Bravo!" Ailbhe Smyth, Convenor, Coalition to Repeal the 8thTable of ContentsThe case for repealing the 8th The Constitution after the 8th A rights-based approach to abortion Accessing abortion care: principles for legislative design Model legislation Conclusion
£14.24
Springer Us Special Education Law A Guide for Parents Advocates and Educators
Table of Contents1 Introduction.- 1.1. The Background.- 1.2. The Right to Education for Retarded Children: Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania.- 1.3. Districtwide Relief for All Handicapped Students: Mills v. Board of Education, District of Columbia.- 1.4. Programs for Newly Identified Children: Frederick L. v. Thomas.- 1.5. Notes.- 2 A National Right to Education: The Education for all Handicapped Children act.- 2.1. An Overview.- 2.2. Court-Ordered Implementation of P.L. 94-142: Mattie T. v. Holladay.- 2.3. Free Appropriate Public Education.- 2.4. Handicapped Children.- 2. 5. Individualized Education Program.- 2.6. Due Process Procedures.- 2.7. Appeals.- 2.8. Surrogate Parents.- 2.9. Evaluations.- 2.10. Least Restrictive Environment.- 2.11. Least Restrictive Environment and the Courts: The Willowbrook Case.- 2.12. Confidentiality of Records.- 2.13. Excluding Persons without a Legitimate Educational Interest: The Government Requirements.- 2.14. Notes.- 3 Prohibiting Discrimination against Handicapped Students.- 3.1. Section 504 of the Rehabilitation Act of 1973.- 3.2. Preschool, Elementary, and Secondary Education.- 3.3. The Integration Requirement.- 3.4. Court-Ordered Integration: Hairston v. Drosick.- 3.5. Evaluation Procedures.- 3.6. Nonacademic Services.- 3.7. Postsecondary Education.- 3.8. Auxiliary Aids.- 3.9. Access to Postsecondary Programs: Southeastern Community College v. Davis.- 3.10. Other Section 504 Provisions.- 3.11. Notes.- 4 The Special Education Hearing: Preparation and Litigation.- 4.1. The Purpose of a Hearing.- 4.2. Preparation for the Hearing.- 4.3. At the Hearing.- 4.4. The Hearing Officer.- 4.5. The Opening Statement.- 4.6. The Presentation of Witnesses.- 4.7. The Testimony of School District Officials.- 4.8. Medical Testimony.- 4.9. The Psychological Testimony.- 4.10. The Parent as a Witness.- 4.11. Cross-Examination.- 4.12. Closing Statement.- 4.13. Appeals.- 4.14. Model Exceptions.- 4.15. Appeal to Court.- 4.16. Notes.- 5 Major Issues in Special Education Law.- 5.1. Continuous Special Education.- 5.1.1. Special Education beyond the “Normal” School Year: Armstrong v. Kline.- 5.2. Discipline and Special Education.- 5.2.1. A Federal Court Opinion: Stuart v. Nappi.- 5.2.2. The Legal Arguments: Kenneth J. v. Kline.- 5.2.3. Kenneth J. v. Kline Regulations.- 5.3. Language and Racial Minorities.- 5.3.1. The Courts and Minorities and Special Education: Lora v. Board of Education of the City of New York.- 5.4. Special Education Malpractice.- 5.4.1. Denying Educational Malpractice Claims: Hoffman v. Board of Education of the City of New York.- 5.5. Gifted and Talented Children.- 5.5.1. The Federal Laws.- 5.5.2. State Laws: A Comparative Approach of Two States.- 5.6. Notes.- Appendix 1 Federal Requirements for the Education of all Handicapped Children (20 U.S.C. §§1401-1420).- Appendix 2 P.L. 94-142 Regulations (34 C.F.R. PART 300).- Appendix 3 Section 504 of the Rehabilitation act of 1973 (29 U.S.C. § 794).- Appendix 4 Section 504 Regulations (34 C.F.R. Part 104).- Appendix 5 Legal Organizations.
£40.49
New York University Press Divorce in China
Book SynopsisWhy are women still at a disadvantage in Chinese divorce courts?Despite the increase of gender consciousness in Chinese society and a trove of legislation to protect women, why are Chinese women still disadvantaged in divorce courts? Xin He argues that institutional constraints to which judges are subject, a factor largely ignored by existing literature, play a crucial role. Twisting the divorce law practices are the bureaucratic incentives of courts and their political concerns for social stability. Because of these concerns, judges often choose the most efficient, and safest, way to handle issues in divorce cases. In so doing, they allow the forces of inequality in social, economic, cultural, and political areas to infiltrate their decisions. Divorce requests are delayed; domestic violence is trivialized; and women's child custody is sacrificed. The institutional failure to enforce the laws has become a major obstacle to gender justice.Divorce in China isTrade Review"I hope this book will ignite more thoughts on Chinese family justice reform and resolutions to present problems and also bring about creative ideas for family justice reforms in other Jurisdictions." * International Journal of Law, Policy and The Family *"Xin He’s book is a monumental achievement— drawing on close observation of courts in two very different regions of China as well as a deep engagement with a broad range of scholarly literature, both China specific and more general, about gender, judging, authoritarianism and much more. Divorce in China will be a classic, both as concerns its immediate subject, and state and society in China in general." -- William P. Alford, Jerome A. and Joan L. Cohen Professor of East Asian Legal Studies, Harvard Law School"An excellent and absorbing examination, based in substantial part on fieldwork sources, of the handling of divorce cases in China today. Xin He builds on his earlier impressive analyses of divorce litigation and gender to offer very important insights into law and gender in the People's Republic. In this important book he concludes that, sadly, the divorce decision-making process in and around the courts has tended to buttress rather than relieve long-standing prejudices against women in contemporary Chinese society. This study is essential reading for all those concerned with social and legal developments in the PRC today." -- Michael Palmer, University of London"As the first monograph in English on divorce trials in China, this book should be warmly welcomed. It is a valuable source for reference and further research." * Feminist Legal Studies *
£23.74
Stanford University Press Translating Food Sovereignty: Cultivating Justice
Book SynopsisIn its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up. Trade Review"This book brings to life interactions among globally connected activist communities seeking to challenge dominant and rather simplistic ways of thinking about inequality, the environment, poverty, and food production. A must-read for scholars, students, and activists as well as those seeking to implement more inclusive and realistic policies."—Eve Darian-Smith, University of California, Irvine"Matthew Canfield is one of the leading socio-legal scholars focused on food sovereignty and agroecology. In this gripping account of the burgeoning food sovereignty movement in the US, he highlights how activists use food sovereignty to challenge transnational governance and neoliberal economic models. Canfield grounds his work in detailed ethnographical study and tells a bigger story of how struggles over the control of food systems can transform law, society, and economy. The food sovereignty movement is over 25 years old and has used law in complex and creative ways. While at the same time, food politics today are more intense than ever. This book is incredibly timely and provides an account of legality in the food sovereignty movement that we've all been waiting for."—Michael Fakhri, UN Special Rapporteur to the Right to Food"Translating Food Sovereignty is as ambitious as it is engaging. Expertly weaving together ethnography with legal studies, Canfield not only helps us to re-imagine more just food systems, he shows us how this is already being done."—Jessica Duncan, Wageningen University"Canfield examines the 'social practices of translation' involved in food sovereignty, whereby power and meaning are constantly contested and shifting. Using ethnographic research methods, the author traces the historical evolution of food sovereignty and then provides examples of how groups attend to issues such as control and communication in food governance at local, national, and international levels.... Recommended."—C. L. Lalonde, CHOICE"Canfield's book represents a grounded and inspiring assessment of how strategically cultivating justice in an age of global governance, through different local and global forms of legal mobilization of food sovereignty – from street protests to strategic litigation – can hold tremendous promise."—Jeff Handmaker, The Journal of Peasant Studies"Canfield's book points to openings in an ongoing and probably irresolvable debate. His careful, comprehensive, and rigorous examination of several cases invites us to step into them and explore what the right to food and other rights could look like in some places. He allows us to explore what is possible and what could be realized through collective, concerted action on multiple scales. Ultimately, the struggle and debate continues well beyond the conclusion of the book, and we can thank Canfield for offering us some new tools and insight toward carrying on the struggle."—Amy Trauger, The AAG Review of Books"This work is extremely useful for community organizers and activists in this area and policymakers at all levels, local, national, and international."—Richard Zimmer, Food Anthropology"[W]ell written, informative, and engaging. For anyone interested in learning about the FS [food sovereignty] movement, this book provides a general history of the global FS movement and a detailed record of FS activism in western Washington.... Due to Canfield's selected methodology and active participation in the FS struggle, presented perspectives feel personal, giving you insights on why the FS movement is important to many."—Tiffany K. Woods, Agriculture and Human Values"In an era marked by widespread food insecurity and escalating concerns about climate change, Translating Food Sovereignty: Cultivating Justice in an Age of Transnational Governance by Matthew C. Canfield offers a timely and thought-provoking analysis of the global food system.... With a wealth of experiences spanning from 'formal' to 'informal' and encompassing both legal and practical dimensions, each perspective presented feels remarkably comprehensive and worthy of serious consideration."—Mallory Cerkleski, Journal of Agriculture, Food Systems, and Community Development"In this engaging empirical account, we not only learn about recent and ongoing food sovereignty struggles in their local specificity but also glimpse how these struggles extend beyond lawmaking institutions and across legal jurisdictions. Translating Food Sovereignty thus offers a welcome contribution to legal anthropology, studies of social movements, and scholarship on governance from below."—Leila Kawar, Political and Legal Anthropology ReviewTable of ContentsIntroduction: The Law and Politics of Food Sovereignty 1. Translocal Translation and the Practice of Networks 2. Constructing and Contesting "Local" Food Governance 3. Revaluing Agricultural Labor 4. Protecting People's Knowledge 5. Democratizing Global Food Governance Conclusions: Cultivating Justice in an Age of Transnational Governance
£75.20
Bloomsbury Publishing PLC Civil Courts and the European Polity: The
Book SynopsisThe chapters collected in this book explore the place and role of judge-made private law in an emerging European polity. Examining case-law from the perspective of different theories and viewpoints, scholars and judges assess and reflect on the role of judges in civil cases for polity-building in Europe. The chapters thus present a kaleidoscopic view on the dynamics of private law adjudication against a European backdrop. The book aims to add a private legal perspective to existing discourses in European constitutional law on Europe’s political constellation. It aspires to enrich two debates – the first on the influence of fundamental rights in private legal relations, and the second on the constitutional dimension of European private law. The contributions are placed within a framework of five sub-categories or dimensions of judge-made European private law: politics of European private law adjudication, rights, remedies, representation and reflections of judges on specific cases.
£85.50
Bristol University Press Collective Access to Justice: Assessing the
Book SynopsisAt a time when the collective redress landscape is undergoing a period of transformative change, this important and timely research focuses on class actions in England and Wales. The author provides an objective analysis of the costs and benefits of these proceedings from an access to justice perspective. Aiming to promote accessibility, this pioneering work separates fact from fiction in an easily digestible way, offering progressive solutions for reform.Table of ContentsCollective Access to Justice Class Actions in Historical and Comparative Perspective Uncovering the Politics of Class Actions Understanding the Economics of Class Actions Conclusion
£38.69
Rowman & Littlefield Finding the Truth with Criminal Investigation:
Book SynopsisThe way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.Trade ReviewDan Reilly has created a comprehensive and informative book with Finding the Truth with Criminal Investigations. Reilly has taken the time to not only detail the important steps and pitfalls in law enforcement criminal investigations but, to weave his work and life experience into cautionary lessons and instruction a layperson can understand. As a retired law enforcement professional and instructor in criminal investigations, I found a plethora of text books on this subject but, not one that presents the material with the tradecraft so clearly explained and detailed. In my opinion, Reilly’s book is a well-organized compilation of facts and experience, honed from years of professional public service to citizens from all walks of life – most especially the victims and their friends and families. Law enforcement professionals take pride in establishing integrity and a sense of duty to their work but the most significant and singular thread is their desire to serve the victims. Finding the Truth with Criminal Investigations: Suspect, Subject, Defendant follows that tradition as well. -- Steven D. Remick, Retired 1st Lieutenant, Loudoun County Sheriff's Office, VAReilly has fashioned an ambitious text that follows the development, progression, and closure of criminal investigations through the experienced lens of a seasoned specialist in the field. -- Lindsay Nelson, MS, Department of Criminal Justice, California State University, BakersfieldAs a homicide detective for 18 years, and an adjunct college instructor for 15, I really appreciate this text. I believe the goal of every investigation is only to prove the truth, and I really appreciate the title of this text as well as the content! Finding the Truth with Criminal Investigation is practical, real, and understandable without any trendy filler. -- Ivan M. Kaminsky, Adjunct Professor, Administration of Justice, Mesa Community CollegeFinding the Truth with Criminal Investigation lays the foundation for the untrained investigator. It is a how-to book for the student lacking criminal investigation experience. Reilly covers the main areas needed for an investigation, covering evidence, criminal law, forensic evidence, constitutional law and interviewing techniques. Also emphasizes that criminal investigations is a team effort. -- Michael J. Palmiotto, PhD, Professor Emeritus, Wichita State University
£85.50
Rowman & Littlefield Finding the Truth with Criminal Investigation:
Book SynopsisThe way a crime is defined is through criminal investigation. Criminal investigation is a multi-faceted effort that involves the study of facts presented by a criminal act or pattern of criminal conduct. These facts are then used to identify, locate and prove the guilt or innocence of a person or persons. Criminal investigation is usually carried out by a law enforcement agency using all of the resources available to discover, locate or establish evidence proving and verifying the relevant facts for presentation to a Court or other judicial authority. But how are these facts discovered? What resources do law enforcement use to uncover them? What is the process for a successful criminal investigation? In fact, how can we even define what is “criminal” in the first place? Daniel A. Reilly answers all these important questions, while providing the step by step process to gather facts, information, data, and evidence. Finding the Truth with Criminal Investigation is intended to answer all of the questions of who, what, where, when, why and how a violent crime occurred and/or was committed. It is intended for students in the field of criminal justice who wish to become criminal investigators – exposing them to the tools and processes needed to conduct a proper criminal investigation, but also real-life of working to support others as a team. Reilly spent a great deal of his professional life working on homicide cases, and he offers students his expertise in criminal investigation by successfully incorporating real-world context throughout this book.Trade ReviewDan Reilly has created a comprehensive and informative book with Finding the Truth with Criminal Investigations. Reilly has taken the time to not only detail the important steps and pitfalls in law enforcement criminal investigations but, to weave his work and life experience into cautionary lessons and instruction a layperson can understand. As a retired law enforcement professional and instructor in criminal investigations, I found a plethora of text books on this subject but, not one that presents the material with the tradecraft so clearly explained and detailed. In my opinion, Reilly’s book is a well-organized compilation of facts and experience, honed from years of professional public service to citizens from all walks of life – most especially the victims and their friends and families. Law enforcement professionals take pride in establishing integrity and a sense of duty to their work but the most significant and singular thread is their desire to serve the victims. Finding the Truth with Criminal Investigations: Suspect, Subject, Defendant follows that tradition as well. -- Steven D. Remick, Retired 1st Lieutenant, Loudoun County Sheriff's Office, VAReilly has fashioned an ambitious text that follows the development, progression, and closure of criminal investigations through the experienced lens of a seasoned specialist in the field. -- Lindsay Nelson, MS, Department of Criminal Justice, California State University, BakersfieldAs a homicide detective for 18 years, and an adjunct college instructor for 15, I really appreciate this text. I believe the goal of every investigation is only to prove the truth, and I really appreciate the title of this text as well as the content! Finding the Truth with Criminal Investigation is practical, real, and understandable without any trendy filler. -- Ivan M. Kaminsky, Adjunct Professor, Administration of Justice, Mesa Community College
£42.75
Encounter Books,USA Rebooting Justice: More Technology, Fewer
Book SynopsisAmerica is a nation founded on justice and the rule of law. But our laws are too complex, and legal advice too expensive, for poor and even middle-class Americans to get help and vindicate their rights. Criminal defendants facing jail time may receive an appointed lawyer who is juggling hundreds of cases and immediately urges them to plead guilty. Civil litigants are even worse off; usually, they get no help at all navigating the maze of technical procedures and rules. The same is true of those seeking legal advice, like planning a will or negotiating an employment contract.Rebooting Justice presents a novel response to longstanding problems. The answer is to use technology and procedural innovation to simplify and change the process itself. In the civil and criminal courts where ordinary Americans appear the most, we should streamline complex procedures and assume that parties will not have a lawyer, rather than the other way around. We need a cheaper, simpler, faster justice system to control costs. We cannot untie the Gordian knot by adding more strands of rope; we need to cut it, to simplify it.
£17.09
Vandeplas Pub. Louisiana Law of Sale and Lease: Cases and
Book Synopsis
£103.55
American Bar Association Professional Responsibility in Litigation, Third
Book SynopsisAddressing the numerous and significant professional responsibility challenges in litigation, this compendium traces the ethical issues in the life of a lawsuit from start to finish. In discussing the various subjects, the authors broadly define “professional responsibility” to include not only legal ethics but also the related issues of sanctions and professional liability. This completely revised edition now includes new chapters on conflicts of interest and accidental and impromptu clients, and also provides a wider discussion of social media ethics in a focused chapter on this evolving topic. All other chapters have been substantially updated and, in some cases, prudently condensed for ease of use and provide ample citations to authority to guide readers in their own research. Each chapter covers a key aspect of litigation in depth, compartmentalizing the subjects so that readers do not have to jump back and forth between chapters to understand the principles and rules in play. Topics covered include: Conflicts of interest Pre-suit investigation and frivolous claims Surreptitious investigations and discovery Compensating fact witnesses Ex parte communications Civility and candor False testimony by clients and witnesses Lawyers as witnesses Negotiation and settlement Social media Accidental and impromptu clients Ethics on appeal, and more
£148.51
Rare Bird Books The First 100 Years of the ACLU: A Compendium of
Book SynopsisThe ACLU was involved in excess of 1,190 cases in the US Supreme Court as a party, counsel of record/ACLU attorney, or as the filer of an amicus (friend of the court) brief, during ninety-four of its first one hundred years, ending in January 19, 2020. This handbook summarizes all the facts and statistics from its companion three-volume set of over 1,190 cases (from June 8, 1925, Gitlow v. New York), and contains three examples of the cases found in the three-volume set.
£20.89
Rare Bird Books The First 100 Years of the ACLU
£228.00
Lexington Books A Civil Society with no Hierarchy: The Covenantal
Book SynopsisIlie Bădescu and Joseph Livni follow the footsteps of two giants who pioneered the field: H. H. Stahl of Romania, who studied the sociology of communal societies, and D. J. Elazar of the United States, who studied the political science of covenantal societies. This collection sheds light on obscure corners of the field, gathering up thoughts and concepts of many other sources of past and contemporary research in the field. In this volume, the reader will find answers to difficult questions like: How did acephalous societies penetrate civilization? How did they manage to preserve their egalitarian ethos? Why did powerful hierarchies work in partnership with them? And, most importantly, how did covenantal societies work around the constraints of a civilized reality? The history of civilization consists of various degrees of stratified configurations ranging from oligarchic city states to powerful pyramidal empires. Trade ReviewA Civil Society with no Hierarchy: The Covenantal Societal Model is an extremely interesting book, edited by Livni and Bădescu - who also contributed with their main research chapters – about the role of covenants in the historical, sociological, and legal development of various societies since antiquity and until modern times. The relationship between covenants, assembly and self-government, and federalism adds further interest and contemporary relevance to the reading of this excellent book. -- Mario Sznajder, The Hebrew University of JerusalemTable of ContentsIntroductionChapter 1: Nomadism and the Sociological Seed of Pre-Monarchic Israel by Joseph LivniChapter 2: Power Structure within Autonomy in Roman Palestine by Zeev SafraiChapter 3: Jewish Diaspora Communities by Joseph LivniChapter 4: Communal Society and the Societal “Dual System”: Equality and Inequality in Carpathian Valleys by Ilie BădescuChapter 5: The Covenant as Ideal Type, A Sociological Study of a Covenanted Community Model by Mădălina MăndițăChapter 6: Romanian Traditional Society:Social Control and Social Order by Adela ȘerbanChapter 7: From Covenant to Compact to Contract: The Legal Transplantation of Puritan Jurisprudence to America by Peter MazzacanoChapter 8: The Salem Witch Trials and the Decay of the Great Puritan Experiment by Rachel ChristChapter 9: The Catholic Hierarchy and Clerical Sexual Abuse by Jo Renee FormicolaAbout the Contributors
£82.80
Independently Published Louisiana Civil Code 2020
Book Synopsis
£84.02
Intersentia Ltd General Principles of EU Civil Law
Book SynopsisGeneral Principles of EU Civil Law focuses on a rapidly developing but still highly controversial area of EU law: the emergence of general principles with constitutional relevance for EU civil law, guiding its interpretation, gap filling and legality control. This study brings to light seven principles in the case law of the Court of Justice of the European Union and in the Charter of Fundamental Rights. Principles 1 to 3 on framed autonomy, protection of the weaker party and non-discrimination are now part of substantive EU law, mainly contract law. Principle 4 on effectiveness, together with the principle of equivalence, is an "old acquaintance" of EU law and has mostly to do with procedures but can also be extended to cover substantive and remedial matters. Principles 5 and 6 on balancing and proportionality are primarily concerned with methodological questions: the first has to do with judicial interpretation and application of EU civil law, the second with legal-political questions on the future of a (questionable) codified or optional EU civil law, in particular sales law. Finally, principle 7 on good faith is still an emerging principle but is gradually gaining importance. This book will allow the reader to understand and to assess the current evolution of EU civil law in days where its autonomous character is increasingly recognised in the case law of the Court, and where the Charter is having a growing impact on its constitutional foundations. About this book 'Professor Reich has written a book that is not merely rich and broad in ambition,but in fact genuinely ground-breaking. In identifying, explaining and analysing seven key principles of EU civil law, he has drawn us a map that will help scholars to find their way through the forbiddingly dense jungle populated by EU Treaty provisions, the legislative acquis and the Court's case law. And, in showing how proudly 'social' much of the EU's protective regulation affecting private parties truly is, he has set a tone that EU policymakers should embrace.' Stephen Weatherill, Jacques Delors Professor of European Law, University of Oxford 'For the private lawyer, probably the most interesting recent development in EU law is the emergence of principles of private law, developed by the European Court of Justice. This phenomenon unfolds in three strands. Firstly, the Court has developed general principles of EU law which are also relevant for private law. Secondly, since the entry into force of the EU Charter of Fundamental Rights (2009) a process of judicial interpretation has started which shows that not a few provisions have a significant impact on private law. In a third wave of innovations the ECJ seems to be willing to develop principles of civil law, in a more restricted sense, playing their role purely within the ambit of private law. In his new book, General Principles of EU Civil Law, Norbert Reich reaches out to these different categories of principles, combining them under one heading and systematising them in a new and original way.' Arthur Hartkamp, Professor of European Private Law, Radboud University, NijmegenTable of ContentsIntroduction. What are General Principles of EU Civil Law? 1. An ongoing debate: "principles" vs. "rules" 2. Some preliminary suggestions 3. The express recognition of general principles by the Charter 4. What do we mean by EU civil law: acquis communautaire vs. acquis commun 5. The competence dilemma of EU civil law 6. Why seven principles? Chapter 1. The Principle of "Framed" Autonomy 1. Freedoms framed by law 2. Fundamental freedoms, autonomy and public interest restrictions 3. Freedom of contract as fundamental yet limited right and principle 4. Competition law and autonomy 5. Conclusion: framing of autonomy under welfarism aspects - going beyond the traditional approach? Chapter 2. The Principle of Protection of the Weaker Party 1. Elements of protection of the weaker party 2. Minimum standards of working hours and paid annual leave 3. EU consumer law: information vs. protection 4. Conclusion: generalising the protection of weaker parties and its limits Chapter 3. The Principle of Non-Discrimination 1. "Spill-over" effects of non-discrimination on civil law? 2. Non-discrimination in employment law relations: overview 3. Citizenship: extending the scope of the principle of non-discrimination by primary law 4. Extension of the non-discrimination principle to business-consumer relations by EU secondary law 5. A controversy: unisex tariffs in insurance and conflicts with private autonomy 6. Non-discrimination in access to and treatment in services of general economic interest and in network services: framed autonomy 7. Equal treatment beyond non-discrimination? 8. Conclusion: the varied impact of the non-discrimination principle on civil law relations Chapter 4. The Principle of Effectiveness 1. Article 47 of the Charter and Article 19 TEU: anything new? 2. The "eliminatory" function of the effectiveness principle 3. Effectiveness as a "hermeneutical" principle 4. Effectiveness as a "remedial" principle: "upgrading" national remedies 5. Some examples applying the effectiveness test in EU civil law 6. Primary Union law: rules on competition 7. Compensation for violations of directly applicable provisions of primary Union law 8. The importance of Article 47 of the Charter and Article 19(1) TEU for EU civil law revisited 9. Conclusion: how effective is the effectiveness principle? Chapter 5. The Principle of Balancing 1. Introduction: a dialogue on balancing in EU civil law 2. Balancing in unfair term jurisprudence: transparency, "core terms" and the unfairness test 3. Balancing to avoid "over-protection" 4. Role of Balancing in social conflicts: fundamental rights vs. fundamental freedoms? 5. Conclusion Chapter 6. The Principle of Proportionality 1. Importance of the principle of proportionality for EU civil law: some general remarks 2. The Draft Common Frame of Reference 3. The "feasibility study" and draft Common European Sales Law 4. Open method of coordination, convergence and improved law-making in reflexive contract governance in the EU 5. The "positive proportionality" principle in EU civil legislation: two examples 6. Conclusions on the principle of proportionality as an instrument of legal control and support of EU measures Chapter 7. An Emerging Principle of Good Faith and of a Prohibition of Abuse of Rights? 1. Some misunderstandings about good faith in contract law: elements of a duty of loyal cooperation in contracting 2. Good faith in commercial law settings 3. Directive 93/13 on unfair terms 4. Absence of good faith obligations for the bank in B2C financial services 5. "Co-responsibility" as an indirect good faith-obligation: some examples 6. Elements of good faith in recent soft law initiatives 7. Relevance of Article 54 of the Charter to an EU concept of abuse of rights? 8. Conclusion: good faith on the move? Summary. Seven Theses and a Conclusion Index
£62.70
Anthem Press The Constitution: Major Cases and Conflicts, 4th
Book SynopsisThe Constitution: Major Cases and Conflicts provides students with a road map through the evolution of the Supreme Court, giving clarity to complex issues. This book has chosen pivotal cases based on the importance of the decisions in law, history, and American society. The Constitution has full decisions, not mere excerpts, allowing students to read for themselves and fully understand the logic of the Supreme Court majority and dissenters. These cases involve criminal justice, civil liberties, State's rights, gender, and racial justice as these issues correspond with the balance of powers between the three branches of government. The cases are placed in a historical context with thoughtful questions for discussion. Readers will follow the Supreme Court as it grapples with slavery in early colonial America to 21st century concerns regarding same-sex marriage and technology.Trade ReviewA thorough and impressive overview of critical case that has helped shape law in America — Pamela Meanes, Past President of The National Bar AssociationThe Constitution: Major Cases and Conflicts is a masterful approach to understanding the U.S. Constitution. It leads the reader through the dynamics that surround the conflicts associated with the development and creation of the U.S. Constitution. This book serves as an interesting exercise in legal and historical analysis, successfully accomplished by Ms. Gloria Browne-Marshall’s artistic, literary and legal skills— Linda McDonald Carter, Esq., Director and Professor of Paralegal Studies, Criminal Justice and Political Science, Essex County College, New JerseyTable of ContentsAbout the Author; Preface; Declaration of Independence; The Constitution of the United States; The Amendments to the Constitution of the United States; 1 The Judicial Branch; 2 Federalism; 3 Civil Rights / Human Rights; 4 Civil Liberties; 5 Executive and Legislative Powers; 6 Fourth Amendment Rights; 7 Fifth and Sixth Amendment Rights; 8 Eighth Amendment Rights; Table of Cases; Index.
£72.00
Edward Elgar Publishing Ltd The History of Law in Europe: An Introduction
Book Synopsis'The rule of law and property rights were the ''secret weapons'' that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.'- Jesus Fernandez-Villaverde, University of Pennsylvania, USComprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.Trade Review'Wauters and de Benito's The History of Law in Europe is an ideal first port of call for anybody who wants to quickly get to grips with European legal history. Succinct, the book offers far more than a simple summary of the subject. Providing snippets of the social, political and intellectual development of the law, it lures the reader to further explore Europe's legal past.' --R.C.H. Lesaffer, Tilburg Law School, the Netherlands'The History of Law in Europe: An Introduction is a short companion to legal European history, written for students or non-specialists interested in this crucial aspect of western History. The development of the history from Roman law to the bourgeois age is exposed with clarity and balance, according to the classical historiography. The last chapter is devoted to the common law and it allows a dialogue between all the European legal traditions. Overall this is an excellent book for starting to learn legal history.' --Rafael Ramis-Barcelo, Universitat de les Illes Balears, Spain'This fascinating and powerful epitome of the history of European law offers a comprehensive overview of its legal tradition, analysed through scientific research. Its contribution to the present literature is highly appreciated.' --Fernando Reinoso Barbero, The Complutense University of Madrid, SpainTable of ContentsContents: Introduction 1. Roman Law 2. The Early Middle Ages 3. The Late Middle Ages 4. The Early Modern Age 5. The Bourgeois Age 6. Common Law Index
£83.00
Edward Elgar Publishing Ltd The History of Law in Europe: An Introduction
Book Synopsis'The rule of law and property rights were the ''secret weapons'' that made Western Europe and its offshoots in North America and Oceania democratic and prosperous. How did this European legal system come to be? To answer this question, Bart Wauters and Marco de Benito offer us a fresh overview of the history of law in Europe, dealing with both civil and common law, from Roman times through to its codification. This book is a stimulating, lucid, and imaginative read.'- Jesus Fernandez-Villaverde, University of Pennsylvania, USComprehensive and accessible, this book offers a concise synthesis of the evolution of the law in Western Europe, from ancient Rome to the beginning of the twentieth century. It situates law in the wider framework of Europe's political, economic, social and cultural developments. Offering a readily graspable and sound structure, chapters are organized according to the civil law systems and common law systems. Each chapter is built around the evolution of the four sources of the law: legal science, legislation, courts and customary law, set chronologically against the relevant historical context. Throughout this in-depth presentation of the key determinants in European legal history, Bart Wauters and Marco de Benito allow readers to understand how the law arose and evolved in Europe as a shared language, of which its different national laws are but dialectal expressions - with the unique exception, perhaps, of English common law, whose peculiarity is likewise due to accidents of history which are themselves explored. With its elegant comparative approach, this book will appeal to European Law students and scholars looking for a concise, yet academically sound, account of the history of law in Europe.Trade Review'Wauters and de Benito's The History of Law in Europe is an ideal first port of call for anybody who wants to quickly get to grips with European legal history. Succinct, the book offers far more than a simple summary of the subject. Providing snippets of the social, political and intellectual development of the law, it lures the reader to further explore Europe's legal past.' --R.C.H. Lesaffer, Tilburg Law School, the Netherlands'The History of Law in Europe: An Introduction is a short companion to legal European history, written for students or non-specialists interested in this crucial aspect of western History. The development of the history from Roman law to the bourgeois age is exposed with clarity and balance, according to the classical historiography. The last chapter is devoted to the common law and it allows a dialogue between all the European legal traditions. Overall this is an excellent book for starting to learn legal history.' --Rafael Ramis-Barcelo, Universitat de les Illes Balears, Spain'This fascinating and powerful epitome of the history of European law offers a comprehensive overview of its legal tradition, analysed through scientific research. Its contribution to the present literature is highly appreciated.' --Fernando Reinoso Barbero, The Complutense University of Madrid, SpainTable of ContentsContents: Introduction 1. Roman Law 2. The Early Middle Ages 3. The Late Middle Ages 4. The Early Modern Age 5. The Bourgeois Age 6. Common Law Index
£29.40
Edward Elgar Publishing Ltd Research Handbook on the Brussels Ibis Regulation
Book SynopsisThe Brussels Ibis Regulation is the magna carta for jurisdiction and the free circulation of judgments in civil and commercial matters in the EU, and forms a cornerstone of the internal market. This timely Research Handbook addresses the cutting edges of the regime, in particular its place within the overall system of EU law and its adaptations in response to specific kinds of lawsuits or the needs of particular industries. Featuring original research by leading academics from across Europe, chapters take a systematic approach to examining a broad variety of topics in relation to the Brussels Ibis Regulation. Such topics include collective redress, injunctive relief, lis pendens and third states, negotiorum gestio, arbitration, intellectual property lawsuits, and its interface with the European Insolvency Regulation (Recast). Moving beyond what is offered by textbooks and commentaries, this incisive Research Handbook analyses the most recent developments in legislation and practice, as well as providing an outlook on the future of this field of EU law. This Research Handbook will prove a critical read for scholars and students of EU law. Judges and practitioners working in this area will also find its insights to be of significant practical relevance. Contributors include: T.M.C. Arons, S. Bollée, T.W. Dornis, P. Franzina, T. Garber, C. Heinze, A. Leandro, L.D. Loacker, P. Mankowski, F. Marougiu Buonaiuti, J. Meeusen, D. Moura Vicente, G. Payan, A. van Hoek, C. Warmuth, M.M. WinklerTrade Review'Professor Mankowski, at the head of a select group of jurists from different European countries, has chosen to analyse some of the most important issues of the Brussels Ibis Regulation frequently discussed in court. If you are looking for a clear, accurate and rigorous legal analysis, this is the right book for you.' --Alfonso-Luis Calvo Caravaca, Carlos III University of Madrid, Spain'This timely book makes a major contribution to EU private international law by exploring and analysing 15 highly topical and emerging areas of international civil and commercial practice: it draws together arguments, presently scattered across the specialist literature of many legal systems, to illuminate each area by such excellent and clear expert comment that its purchase is plainly essential. Courts, practitioners and academics will all soon have reason to be grateful for its publication.' --Jonathan Fitchen, University of Aberdeen, UKTable of ContentsContents: Editor’s introduction to the Research Handbook on the Brussels Ibis Regulation viii Peter Mankowski 1 Cross-border dimension of collective proceedings in the Brussels Ibis regime: jurisdiction, lis pendens and related actions 1 T.M.C. Arons 2 Arbitration and the twists of Recital 12 of the Brussels Ibis Regulation 40 Sylvain Bollée and Étienne Farnoux 3 Negotiorum gestio and the Brussels Ibis Regulation 64 Tim W. Dornis 4 The substantive validity of forum selection agreements under the Brussels Ibis Regulation 95 Pietro Franzina 5 Injunctive relief under the Brussels Ibis Regulation 118 Thomas Garber 6 Intellectual property and the Brussels Ibis Regulation 147 Christian Heinze and Cara Warmuth 7 Collective labour law in the Brussels Ibis Regulation 172 Aukje van Hoek 8 The minefield at the interface of the Brussels Ibis Regulation and the European Insolvency Regulation (Recast) 188 Antonio Leandro 9 The rise and fall of a defining criterion? The targeting of digital commercial activities as a factor establishing consumer jurisdictions before and after the Geo-Blocking Regulation 207 Leander D. Loacker 10 The impact of the Brussels Ibis Regulation on the ‘second generation’ of European procedural law 230 Peter Mankowski 11 Lis alibi pendens and related actions before third country courts under the Brussels Ibis Regulation 250 Fabrizio Marongiu Buonaiuti 12 The Brussels Ibis Regulation and the prohibition of discrimination under EU primary law 285 Johan Meeusen 13 Culpa in contrahendo and the Brussels Ibis Regulation 311 Dário Moura Vicente 14 Article 55 Brussels Ibis Regulation, enforcement by penalty and the ‘astreinte’ 329 Guillaume Payan 15 Overriding mandatory provisions and choice of court agreements 346 Matteo M. Winkler Index 360
£179.00
