Civil codes / civil law Books

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

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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

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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

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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

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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

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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)

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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

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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.

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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

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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.

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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 *

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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 *

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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

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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

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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.

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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

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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.

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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 *

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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

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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.

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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

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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

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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

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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.

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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

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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

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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

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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

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Book SynopsisThis insightful book explores the acute challenges presented by the `internationalisation' of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation through their extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original and their different proposals for dealing with the challenges are both practical and at times, radical. This book is a must-read for those exposed to the internationalisation of law, be they academics, cross border practitioners, judges, arbitrators, or those engaged in legal reform and policy.Trade Review‘This stimulating volume of essays seamlessly integrates theoretical and practical perspectives to wrestle with fundamental issues of law and legal education in the 21st century. Using an integrated framework, the editors demonstrate that the challenges raised by internationalization can no longer be left to a small group of comparative and international lawyers, but rather require fundamental engagement from everyone in the law. Highly recommended.’ -- Tom Ginsburg, University of Chicago Law School, US‘This is a rich and fascinating collection of essays on the internationalisation of law. It offers an important exploration of what lies ahead in making law, resolving disputes and researching and teaching law in an increasingly globalising world. Academics and practitioners all over the world will find this book immensely useful.’ -- Jan M. Smits, Maastricht University, The Netherlands‘This fascinating collection of essays marks the 20th anniversary of Bond Law School in Australia. The essays deal with the internationalisation of law in all its dimensions, whether it be in law teaching, legal research, legislation or attitudes to risk and regulation which is particularly pertinent in view of the global financial crisis. The breadth of coverage of the book increases its appeal to scholars and policy makers from a range of sub-disciplinary perspectives. It deserves to be read widely and is an extremely valuable addition to any practitioner or academic library.’ -- Gerard McCormack, University of Leeds, UKTable of ContentsContents: Foreword John O. Haley Preface Mary Hiscock and William van Caenegem The Internationalisation of Law: Introductory and Personal Thoughts for the Symposium Mary Hiscock PART I: INTERNATIONALISATION OF LEGISLATING 1. Internationalisation of Law – The ‘Complex’ Case of Bank Regulation Lawrence G. Baxter 2. Internationalisation and Statutory Interpretation – Looking Wide and Looking Deep Suzanne Corcoran 3. Reform, Regulation and Risk: The Internationalisation of Legislation and Legal Policy Les McCrimmon PART II: INTERNATIONALISATION OF LEGAL PRACTICE 4. Law: A Global Practice – Perspectives on the Internationalisation of Legal Services Markets John Corcoran 5. Internationalisation of the Legal Profession in Japan: Integration by Increments Vicki L. Beyer 6. The Export of Professional Legal Services: ILSAC and the Australian Experience Ian Govey PART III: INTERNATIONALISATION OF LAW TEACHING 7. Development Assistance in the Field of Legal Education Michael Bogdan 8. The Internationalisation of Legal Education: A Road Increasingly Travelled Vai lo Lo PART IV: INTERNATIONALISATION OF LEGAL RESEARCH 9. Lawyers in Magellan’s World John O. Haley 10. Internationalisation or Isolation: The Australian Cul de Sac? The Case of Contract Justice Paul Finn 11. Internationalisation of Legal Research: Finding Facts and Finding Law Before the Next Big Crash Patrick Quirk PART V: INTERNATIONALISATION OF DECISION-MAKING – LITIGATION 12. The Importance of International Developments in the Case Law of the European Court of Justice: Kadi and the Autonomy of the EC Legal Order Inge Govaere 13. The Influence of Scholarly Writing Upon the Courts in Europe Pierre-Yves Gautier 14. Oil and Water? International Law and Domestic Law in Australia Chief Justice Robert French PART VI: INTERNATIONALISATION OF DECISION-MAKING – ARBITRATION 15. The New York Convention as a Driving Force Clyde Croft SC 16. International Arbitration and Competing Dispute Resolution Options Lawrence Boulle 17. Internationalisation of Decision-Making – Arbitration Lawrence Boo PART VII: CONCLUSION Epilogue Mary Hiscock and William van Caenegem Appendix: Symposium Program Index

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Book SynopsisIn 1999 the Nisga’a First Nation in northwestern British Columbia signed a landmark agreement which not only settled their land claim but outlined significant powers that could be exercised by its government. The Nisga’a Final Agreement granted powers over land, resources, education, and cultural policy to the Nisga’a government, a major departure from previous land claims agreements. However, it was not without opposition and Scott also outlines the opposition, including two court challenges, mounted against the agreement. This book concisely examines the major terms of the agreement then deeply analyzes the impact the agreement has on federal/provincial/First Nations relations.Table of ContentsIntroductionHow far have we come?How far we have to go1: Postcolonial Sovereignty?A Very Canadian LiberalismPostcolonial sovereignty?2: LandLand and Sovereignty in the Nass: the Historical ContextLand Provisions in the NFA3: RightsForest ResourcesFisheriesWildlife and Migratory BirdsMines and Minerals4: PowerThe Nisga’a Nation, Sovereignty, Self-Determination, and Self-GovernmentNisga’a Lisims Government: Structure and ConstitutionSocial Jurisdiction of the NLG5: The CourtsThe Campbell CaseThe Chief Mountain Case6: Conclusion: Postcolonial Sovereignty?The Limits of Liberalism?Postcolonial Sovereignty?Notes; Glossary; Bibliography

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Book SynopsisThis book focuses on an emerging problem in English contract law: what should be done when a party has been unjustly enriched as the result of a breach of contract but there is no measurable loss suffered by said party? Two rulings are at the heart of the book: Wrotham Park Estate v Parkside Homes and Attorney-General v Blake. These two cases can be said to have established gain-based remedies in English contract law. However, the principles that underpin these remedies are not entirely clear and are subject to debate.This book analyses these principles through the lens of compensatory and restitutionary approaches. Moreover, it applies a comparative analysis of these approaches through the lens of the civil law jurisdiction in Poland.Since the term ‘compensation’ is not a universal concept, the book distinguishes between two rationales in the compensatory analysis. The first, reparative compensation, is defined as a form of monetary recompense for loss or damage actually suffered. The second, substitutive compensation, represents a monetary equivalent to a right that a person has been deprived of or denied. Both rationales require the application of a broad notion of loss in order to make gain-based remedies workable in both English and Polish law.In contrast, ‘restitution’ states that a person cannot be permitted to profit from their own wrongdoing. Based on this principle, the book argues that gain-based remedies could be applied under Polish law through the rules of unjust enrichment. However, in order to do so, a broader understanding of the subtraction prerequisite (the enrichment being at the aggrieved party’s expense) would have to be adopted. The book concludes that unjust enrichment is a more natural way of implementing gain-based remedies in civil law jurisdictions.Table of Contents1. Introduction and Methodology.- 2. Gain-based Remedies for Breach of Contract in General.- 3. Finding Gain-based Remedies under the Compensatory Principles.- 4. Finding Gain-Based Remedies under Restitutionary Principles.- 5. Summary and Conclusions.- 6. Bibliography.

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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Book Synopsis

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