Common law Books

Book SynopsisTells the story of how disputes of all kinds were managed in England between AD 1154 and the first signs of the Common Law, and 1558 when a new period started in the development of the English legal system. This title also includes private papers like the Paston Letters to show how disputes were managed in practice.Trade Review"'Roebuck's method is an engaging series of polymathic raids into the territories of geographers, ethnographers, linguists, lawyers, historians and archaeologists', (Stephen Sedley London Review of Books.)"

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Book SynopsisDespite plague, fire, political upheaval and religious strife, in the 17th century English people used mediation and arbitration to help resolve their differences. As the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and to refer it to arbitration.Trade Review'We do not have a time-travelling machine, but we have Derek Roebuck, and that is even better: not only a way to voyage back in time, but a guide who puts everything brilliantly in context.' Jan Paulsson Arbitration International. 'Roebuck's method is an engaging series of polymathic raids into the territory of geographers, ethnographers, linguists, lawyers, historians and archaeologists. ' Sir Stephen Sedley London Review of Books

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Book SynopsisMozambique has been hailed as a success story by the international community. The author examines the role of customary law in Mozambique to ask a larger question: what is the place of law in the neoliberal era, in which the juridical and the economic are deeply intertwined in an ongoing state of structural adjustment?Trade Review"This anthropological study, spiced by a philosophical touch, magnificently explores local appropriations of a national law reform in the turmoil of the post-Cold War moment. The revival of customary law, deeply affected by socialism but now in a neoliberal context, produces hybrids that help people to steer their lives through great uncertainties. A challenging study that opens up new perspectives for understanding the 'structural adjustment state' and its uneasy compromises with rapidly evolving customary practices." (Peter Geschiere, author of Witchcraft, Intimacy, and Trust)"

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Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index

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Book SynopsisIn a compelling book full of the extraordinary stories of ordinary people, Elaine Forman Crane reveals the ways in which early Americans clashed with or conformed to the social norms established by the law.Trade ReviewCrane delves deeply into the historical record—particularly legal documents—to present sometimes salacious and always fascinating stories of illegal activities from the past and the ways that individuals and communities sought to right wrongs and mete out punishments.... Crane has selected remarkable stories and pieced together an incredible array of detail from the available documents. -- Bridget M. Marshall * Early American Literature *Crane's earlier microhistory, Killed Strangely, proved her mastery of the genre, and this new book moves us a step closer to understanding law's place in the construction of American society and institutions. A successful legal microhistory has four characteristics: The work must tell a compelling story; place the events in a larger historical context; analyze legal issues without losing the narrative thread; and explain how the case illuminates the rule of law in society. Crane succeeds in every respect. Her stories grab our attention, enlarge our understanding through the power of example, and leave us better equipped to identify significant trends. Morever, Crane offers us a master class in the scrupulous interpretation of court records. Her rigorous interrogation of her sources, exposing all their ambiguities and lacunae, furnishes a model for all who would practice the historian's craft. * American Historical Review *Elaine Forman Crane has unearthed unique stories in local records across both space and time, from mid-seventeenth-century New Amsterdam and Bermuda to eighteenth-century New England to postrevolutionary Maryland. The matters these cases addressed were as diverse as the places they occurred, and Crane uses each chapter to craft a story about such issues as the power of words, domestic violence, rape, and loss of economic stability. Each vignette illustrates how ordinary people's negotiations of extraordinary circumstances helped create distinctively American legal cultures.... Crane's work pokes holes in such generalization as those on the rise of companionate marriage and the relationship between economic and legal power in early America. With this series of local studies Crane contributes even more evidence to support the argument that Americans shaped their law to meet needs peculiar to their own time and place. * Journal of American History *Elaine Forman Crane offers a new variation by using the common theme of legal interactions among Europeans and Africans in colonial North America to link six individual microhistories in a single volume.... The greatest strength of Witches, Wife Beaters, and Whores is Crane's discussion of trials from four very different colonies.... Crane's research, analysis, and storytelling skills are impeccable. Witches, Wife Beaters, and Whores provides readers with a vivid array of characters seemingly designed to walk into lecture halls and dinner-table conversations as illustrations of the rich and complex world of colonial America. * William and Mary Quarterly *This enthralling, deeply researched work demonstrates vividly that early Americans lived in a world saturated by the law. Crane is interested specifically in the 'common folk' of her title; tavern keepers, merchants, a handful of witches, murdered and battered wives, an enslaved black man. To uncover how the law suffused their world, Crane employs the methodology of microhistory, an approach used with great success by historians seeking to discern the lives and mentalities of those often not able to speak for themselves. Crane has undertaken research in challenging sources. Even more impressively, she has taken snippets of information and woven them into engaging, moving, and occasionally riveting stories. Crane demonstrates through her painstakingly re-created life histories just how much 'legal culture and the routine of daily life were knotted together in early America.'... Crane's admirable book is likely to inspire many further studies that will help answer some important questions. In the meantime, she has blazed a trail with her exemplary study, demonstrating that it is possible to bring the dead to life even without the aid of a ghost. Instead, Crane offers us an engaging and detailed analysis of how ordinary people understood and deployed the law in the most adverse circumstances, drawing us in with stories that are sometimes heartbreaking, sometimes funny, sometimes confounding, but always intriguing and absorbing. * Common-place *Table of ContentsIntroduction1. In Dutch with the Neighbors: Slander "in a well regulated Burghery"2. Bermuda Triangle: Witchcraft, Quakers, and Sexual Eclecticism3. "Leave of [f ] or Else I Would Cry Out Murder": The Community Response to Family Violence in Early New England4. Cold Comfort: Race and Rape in Rhode Island5. He Would "Shoot him upon the Spott": The Eviction of Samuel Banister6. A Ghost StoryEpilogueNotes Index

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Book SynopsisThis unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject.Trade Review‘To simplify access to this world, but in an intelligent, yet comprehensive, way comes this primer, written by two young scholars in the field, whose publications have become increasingly noteworthy in the way they challenge orthodoxies and provide fresh insights into the objects of their research. This attention to detail and how best to inculcate an understanding of the subject prompts this work, whose content, in five parts, addresses the broad structure of the topic from an introduction to the field, liquidation and receivership, rescue procedures, directorial misconduct and the international dimension of procedures.’ -- Paul Omar, INSOL Europe‘The book English Corporate Insolvency Law is, as its subtitle says, a primer. It offers an introduction and analysis guide and update readers with the recently significantly revised English corporate insolvency rules and procedures. Readers will not be disappointed as it gives a well-reasoned overview of the full system, including references to case law and literature.’ -- Bob Wessels blog‘English Corporate Insolvency Law: A Primer by Eugenio Vaccari and Emilie Ghio is a welcome addition to the literature on corporate insolvency and restructuring. It is written in a very accessible, yet detailed and thoughtful, manner. The authors are justly known as academic experts in this field and have many publications to their credit. In that light, this work should receive due attention as a primer for all those wishing to embark on the study or appreciation of this fascinating and highly topical subject.’ -- Paul Omar, De Montfort University, UKTable of ContentsContents: Preface PART I INTRODUCTION TO CORPORATE INSOLVENCY LAW 1. The financial context of insolvency 2. The roots and history of insolvency law 3. The institutional setting PART II LIQUIDATION, RECEIVERSHIP AND DISTRIBUTION OF ASSETS 4. Liquidation 5. Administrative receivership 6. Gathering and distributing assets and dividends PART III RESCUE PROCEDURES 7. Administration 8. Management of companies in distress and CVAs 9. Restructuring procedures PART IV INVESTIGATING AND SUPPRESSING MISCONDUCT 10. Directors’ duties 11. Malpractice before and during liquidation (and administration) 12. Adjustment or avoidance of prior transactions 13. Criminal offences 14. Disqualification and personal liability PART V CROSS-BORDER INSOLVENCY LAW 15. The theoretical underpinnings of cross-border insolvency law 16. The international and European frameworks for cross-border insolvency law 17. The domestic framework for cross-border insolvency cases Index

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Book SynopsisOriginally published in 1966. The Individual and Society in the Middle Ages, based on three guest lectures given at Johns Hopkins University in 1965, explores the place of the individual in medieval European society. Looking at legal sources and political ideology of the era, Ullmann concludes that, for most of the Middle Ages, the individual was defined as a subject rather than a citizen, but the modern concept of citizenship gradually supplanted the subject model from the late Middle Ages onward. Ullmann lays out the theological basis of the political theory that cast the medieval individual as an inferior, abstract subject. The individual citizen who emerged during the late Middle Ages and the Renaissance, by contrast, was an autonomous participant in affairs of state. Several intellectual trends made this humanistic conception of the individual possible, among them the rehabilitation of vernacular writing during the thirteenth century and the growing interest in nature, natural phiTable of ContentsPreface Lecture 1. The Abstract Thesis: The Ecclesiological and Corporational Theme of Subject and SocietyLecture 2. The Practical Thesis: The Constitutional Significance of the Feudal Relationship and Its Bearing on the Individual in SocietyLecture 3. The Humanistic Thesis: The Emergence of the CitizenIndex

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Book SynopsisGeoffrey Samuel's distinctive approach is to present the English common law in the light of its history and its dominant ideas. A student will learn not only what are the major rules of private law and civil law procedure, but will grasp the spirit of the common law. He will thus learn why they exist in a particular form and how common lawyers make them work. Civilian terms are used to provide a guide for the student from a civil law system to understand the initially strange terms and approaches of the common lawyer. This book is clear and insightful. It should be read particularly by Masters students and those embarking on a doctorate involving study of the common law.'- John Bell, Pembroke College, UK'To write a good introduction to the common law aimed mainly at civil lawyers is a real challenge. One needs not only to master the common law, its history and its sociological backgrounds, but also to understand how the prospective readers think in their own civilian legal systems. With his longstanding teaching activities in civil law countries, his obvious deep knowledge of the historical roots of civil and common law, Geoffrey Samuel offers here a book which should be pressed into every hands across the civil law world. Finally, we get here an introduction to the common law truly written for civilian lawyers and students, which is easy to understand and thoughtful. A brilliant piece for which the author should be praised.'- Pascal Pichonnaz, University of Fribourg, Switzerland'Common law has remained enigmatic for lawyers from the civil law legal culture. This book presents a wonderfully compact introduction to the English common law and explains concisely why it is as it is today. Geoffrey Samuel offers insightful and scholarly first-rate representation of those characteristics which stand out for the civil law lawyer. Clarifying and supporting diagrams are especially helpful for non-common law lawyers. Samuel's A Short Introduction to the Common Law is highly recommended for anyone looking for clear and fluently written basic insight into the common law and its historical foundation.'- Jaakko Husa, University of Lapland, FinlandThis book provides a short, accessible introduction to the English common law tradition, in particular to the civil process.It adopts an approach which explains the historical development of the common law institutions and procedures whilst also setting them in perspective through a comparative outlook. Aspects of the common law are contrasted on occasions with structural or functional equivalents (or near equivalents) in the civil law. The key topics covered include: the English civil courts (and other dispute resolution institutions and alternatives), civil procedure, remedies, sources of law, legal reasoning, legal education, legal theories, legal institutions and concepts and legal categories. In addition to textual description and analysis, the book makes frequent use of visual diagrams to explain and to illustrate aspects of the common law.Providing both an overview of the English common law and an insight into the legal mentality of common lawyers, the book will appeal both to first year law students as well as to continental jurists who are investigating the common law for the first time.Contents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography IndexTrade ReviewGeoffrey Samuel's A Short Introduction to the Common Law published by Edward Elgar, is a book every student of English law should read - and certainly any continental lawyer or jurist coming from a civil law tradition will undoubtedly find the English common law easier to understand after having read this book... Any student of the common law should make this book an obligatory purchase. --- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Preface Introduction 1. Development of the English Courts 2. Development of the English Procedural Tradition 3. English Law Remedies 4. English Legal Education and English Legal Thought (1): Sources and Methods 5. English Legal Education and English Legal Thought (2): Academic Theories 6. Legal Institutions and Concepts in the Common Law (1): Persons and Things 7. Legal Institutions and Concepts in the Common Law (2): Causes of Action and Obligations Concluding Remarks Bibliography Index

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Book SynopsisThere exists a genuine degree of scepticism as to whether Hans Kelsen's pure theory of law can rationalise the intricacies of the English legal system. This groundbreaking book examines pertinent aspects of English law relating to constitutional patterns of law-making, the relationship between law and policy, and the ultimate efficacy of the legal order, through the pure theory's prism.This insightful book demonstrates that Kelsen's theory is highly suitable to examine some of these issues, and in some aspects of English law it actually possesses the analytical cutting edge. Beginning with an overview of the outlook and methodology of the pure theory of law and placing it within the broader focus of positive scholarship, Orakhelashvili moves on to offer a description of the relationship between methods of the legal theory and the workings of a legal system, along with assessments of the relationship between law and policy in legal theory and in judicial practice, and of criticisms of the pure theory.Thoughtful and perceptive, this book will be valuable reading for legal scholars, social scientists, judges, practicing lawyers, legal historians, political scientists, and law students.Table of ContentsContents: 1. The Essence and Basic Methods of the Pure Theory 2. The State and the Law 3. Law and its “Others”: Natural Law, Morality and Social Policy 4. Constitution and Normative Hierarchy 5. The Basic Norm and Efficacy of the Legal System 6. The Rule of Law Conclusion Index

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Book SynopsisThis concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.Trade Review‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’ -- Kate E. Britt, International Journal of Legal Information‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’ -- Anna Price, International Journal of Legal Information'I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real ''primer'': it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.' --Giuseppe Dari-Mattiacci, Columbia Law School, US'This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture 8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index

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Book SynopsisThis concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.Trade Review‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’ -- Kate E. Britt, International Journal of Legal Information‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’ -- Anna Price, International Journal of Legal Information'I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real ''primer'': it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.' --Giuseppe Dari-Mattiacci, Columbia Law School, US'This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture 8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.Trade Review'This book will have no rival as a concise and comprehensive guide to our criminal procedure system. It speaks at once to the law student looking for a reliable reference and review guide, and to the general reader and foreign lawyer who wants to understand how Supreme Court decisions inform how our police, prosecutors, defense lawyers, judges, and juries interact in our schemes of investigation and adjudication of crimes. Written with elegance and clarity, it carries the authority of one of our greatest criminal law scholars.' --Robert Weisberg, Stanford Law School, US'This is the best general-audience introductory text on U.S. Criminal Procedure that I have read, and over the past fifty-plus years, I have read quite a few (including one that I co-authored). Notwithstanding its modest length, the text provides comprehensive coverage, with explanations and descriptions that are both concise and complete. The primary focus is on constitutional regulation (including references to over 750 Supreme Court cases), but appropriate attention is given to regulation by statute and court rule and to key elements of the administrative environment. A special reward is the personal insights and evaluations of Chris Slobogin, one of the legal academy's most original thinkers.' --Jerold Israel, University of Michigan Law School, US'Christopher Slobogin's Advanced Introduction to U.S. Criminal Procedure is a must-have source for all who want an overview of the American criminal justice system. It is extremely lucid and readable, and thoroughly comprehensive. Slobogin is one of the country's leading scholars of criminal procedure, and it shows in this incredibly helpful volume. Highly recommended for those who want an introduction to how criminal procedure operates in the United States.' --Barry Friedman, New York University School of Law, USTable of ContentsContents: 1. An Overview of American Criminal Procedure Law 2. The Threshold of the Fourth Amendment 3. The Warrant and Probable Cause Requirements 4. Exceptions to the Warrant and Probable Cause Requirements 5. Interrogation and Entrapment 6. Eyewitness Identification Procedures 7. The Exclusionary Rule and Other Remedies for Police Misconduct 8. The Pretrial Process 9. Guilty Pleas and Plea Bargaining 10. The Right to a Speedy, Public Jury Trial 11. Adversarial Rights 12. Post-Adjudication Proceedings 13. Conclusion Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.Trade Review'This book will have no rival as a concise and comprehensive guide to our criminal procedure system. It speaks at once to the law student looking for a reliable reference and review guide, and to the general reader and foreign lawyer who wants to understand how Supreme Court decisions inform how our police, prosecutors, defense lawyers, judges, and juries interact in our schemes of investigation and adjudication of crimes. Written with elegance and clarity, it carries the authority of one of our greatest criminal law scholars.' --Robert Weisberg, Stanford Law School, US'This is the best general-audience introductory text on U.S. Criminal Procedure that I have read, and over the past fifty-plus years, I have read quite a few (including one that I co-authored). Notwithstanding its modest length, the text provides comprehensive coverage, with explanations and descriptions that are both concise and complete. The primary focus is on constitutional regulation (including references to over 750 Supreme Court cases), but appropriate attention is given to regulation by statute and court rule and to key elements of the administrative environment. A special reward is the personal insights and evaluations of Chris Slobogin, one of the legal academy's most original thinkers.' --Jerold Israel, University of Michigan Law School, US'Christopher Slobogin's Advanced Introduction to U.S. Criminal Procedure is a must-have source for all who want an overview of the American criminal justice system. It is extremely lucid and readable, and thoroughly comprehensive. Slobogin is one of the country's leading scholars of criminal procedure, and it shows in this incredibly helpful volume. Highly recommended for those who want an introduction to how criminal procedure operates in the United States.' --Barry Friedman, New York University School of Law, USTable of ContentsContents: 1. An Overview of American Criminal Procedure Law 2. The Threshold of the Fourth Amendment 3. The Warrant and Probable Cause Requirements 4. Exceptions to the Warrant and Probable Cause Requirements 5. Interrogation and Entrapment 6. Eyewitness Identification Procedures 7. The Exclusionary Rule and Other Remedies for Police Misconduct 8. The Pretrial Process 9. Guilty Pleas and Plea Bargaining 10. The Right to a Speedy, Public Jury Trial 11. Adversarial Rights 12. Post-Adjudication Proceedings 13. Conclusion Index

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Book SynopsisThis volume contains a selection of the most important articles on the issue of the evolution of the common law. The notion that evolutionary forces would lead to common law efficiency has been very influential in the study of the economics of law. Even those scholars who do not believe that the law is efficient will find it useful to consider the evolutionary forces identified in this volume.In an even-handed approach, Professor Rubin has selected not only articles which advance the hypothesis of efficient evolution, but also those which claim that the evolutionary process is not efficient. Further articles show that the process is indeed sometimes efficient and sometimes not, and identify those conditions which bring about more of less efficiency in the evolution of law. This authoritative collection will be useful to anyone who is concerned with the sources of efficiency and inefficiency in the law, as well as to scholars pursuing research in this area.Table of ContentsContents: Acknowledgements Introduction Paul H. Rubin PART I THE BEGINNINGS 1. Paul H. Rubin (1977), ‘Why is the Common Law Efficient?’ 2. George L. Priest (1977), ‘The Common Law Process and the Selection of Efficient Rules’ 3. John C. Goodman (1978), ‘An Economic Theory of the Evolution of Common Law’ 4. R. Peter Terrebonne (1981), ‘A Strictly Evolutionary Model of Common Law’ PART II THE FIRST CRITICS 5. William M. Landes and Richard A. Posner (1979), ‘Adjudication as a Private Good’ 6. Robert Cooter and Lewis Kornhauser (1980), ‘Can Litigation Improve the Law Without the Help of Judges?’ 7. Paul H. Rubin (1982), ‘Common Law and Statute Law’ 8. Peter H. Aranson (1992), ‘The Common Law as Central Economic Planning’ PART III EVOLUTIONARY CRITICS 9. Jack Hirshleifer (1982), ‘Evolutionary Models in Economics and Law: Cooperation Versus Conflict Strategy’ 10. Gillian K. Hadfield (1992), ‘Bias in the Evolution of Legal Rules’ 11. Mark J. Roe (1996), ‘Chaos and Evolution in Law and Economics’ 12. Oona A. Hathaway (2001), ‘Path Dependence in the Law: The Course and Pattern of Legal Change in a Common Law System’ PART IV BIASED EVOLUTION 13. Paul H. Rubin and Martin J. Bailey (1994), ‘The Role of Lawyers in Changing the Law’ 14. Vincy Fon and Francesco Parisi (2003), ‘Litigation and the Evolution of Legal Remedies: A Dynamic Model’ PART V SPECIFIC APPLICATIONS 15. Bruce L. Benson (1989), ‘The Spontaneous Evolution of Commercial Law’ 16. Yoram Barzel (2000), ‘Dispute and Its Resolution: Delineating the Economic Role of the Common Law’ 17. Jeffrey Evans Stake (2005), ‘Evolution of Rules in a Common Law System: Differential Litigation of the Fee Tail and Other Perpetuities’ 18. Keith N. Hylton (2006), ‘Information, Litigation, and Common Law Evolution’ 19. Rafael La Porta, Florencio Lopez-de-Silanes, Andrei Shleifer and Robert W. Vishny (1998), ‘Law and Finance’ PART VI HAYEKIAN (MACRO) EFFICIENCY 20. Paul G. Mahoney (2001), ‘The Common Law and Economic Growth: Hayek Might be Right’ 21. Todd J. Zywicki (2003), ‘The Rise and Fall of Efficiency in the Common Law: A Supply-Side Analysis’ PART VII SUMMING UP 22. Paul H. Rubin (2005), ‘Micro and Macro Legal Efficiency: Supply and Demand’ Name Index

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Book SynopsisCapitalism has outperformed all other systems and maintained a positive growth rate since it began. Svetozar Pejovich makes the case within this book that a major reason for the success of capitalism lies in the efficiency-friendly incentives of its basic institutions, which continuously adjust the rules of the game to the requirements of economic progress. The analysis throughout is consistent and is supported by evidence. Key components of the proposed theory are the rule of law, the market for institutions, the interaction thesis, the carriers of change, and the process of changing formal and informal institutions.This book will be of great interest to academics and students of law and economics, new institutional economics, comparative systems and public choice throughout the world and especially in East Asia and South America where institutional issues are being debated.Trade Review'Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book's larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change.' -- Lee J. Alston, The Independent Review'. . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101.' -- Bernard Robertson, New Zealand Law Journal'Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers.' -- Ljubomir Madzar'Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation's economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations.' -- Henry G. Manne, George Mason University School of Law, USTable of ContentsContents: Foreword by Leonard P. Liggio Preface and Acknowledgments PART I: BASIC ECONOMIC CONCEPTS 1. The Game and the Rules of the Game 2. Transaction Costs PART II: TRANSFORMATION OF THE MEDIEVAL COMMUNITY INTO MODERN SOCIETY: THE RISE OF CLASSICAL LIBERALISM, THE RULE OF LAW AND CAPITALISM 3. From the Middle Ages to Capitalism 4. Capitalism and the Rule of Law Appendix: Afraid to be Free: Dependency as Desideraturm James M. Buchanan 5. The Law of Contract and the Judiciary 6. The Economic Functions of the Constitution 7. Private Property Rights 8. Capitalism, Economic Freedom and Performance 9. The Rule of Law and Capitalism: An Overview PART III: TOWARD A THEORY OF INSTITUTIONAL CHANGE 10. The Method of Analysis 11. The Interaction Thesis 12. The Carriers of Change: The Role of Entrepreneurs 13. Formal Institutions 14. Informal Institutions or Cultural Traditions: The Role of Pathfinders 15. Efficiency-Friendly Institutional Change within the Structure of Tradition Index

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Book SynopsisCapitalism has outperformed all other systems and maintained a positive growth rate since it began. Svetozar Pejovich makes the case within this book that a major reason for the success of capitalism lies in the efficiency-friendly incentives of its basic institutions, which continuously adjust the rules of the game to the requirements of economic progress. The analysis throughout is consistent and is supported by evidence. Key components of the proposed theory are the rule of law, the market for institutions, the interaction thesis, the carriers of change, and the process of changing formal and informal institutions.This book will be of great interest to academics and students of law and economics, new institutional economics, comparative systems and public choice throughout the world and especially in East Asia and South America where institutional issues are being debated.Trade Review'Almost everyone will gain something of value from reading this book. For those who work in the new institutional economics, Pejovich provides a thoughtful treatment of how common-law and civil-law systems affect personal freedoms and rule of law. The book's larger market, however, will comprise educated lay readers, who will gain a deeper appreciation of the foundations of capitalism in the developed world and of the dynamics of interrelated institutional and economic change.' -- Lee J. Alston, The Independent Review'. . . a well written, easily read book which casts light on many aspects of law and on questions which are or should be debated in our law schools. . . well laid out and presented. . . Its subject matter makes it essential reading for all those studying comparative law and of course law and economics and even for those studying legislation. It would be more than useful for those engaged in property law, the law of contract and administrative and public law. In other words it would be useful and challenging reading for just about all law teachers and students as well as practitioners who wish to think about the basics of what they are doing. Its easy combination of history, comparative technique, legal fundamentals and economics with no maths would even make it an excellent reader for LAWS 101.' -- Bernard Robertson, New Zealand Law Journal'Professor Pejovich has written an impressive lot on comparative economic systems, institutions, policies and broader social aspects of economic development. . . His long work in the field quite predictably made him able to present his views and findings in an ever clearer, more orderly and more profoundly argued way. . . This is one of the rare books in which the author is well aware of what he is talking about and makes sure that the same goes for his readers.' -- Ljubomir Madzar'Professor Pejovich has ranged expertly across such seemingly disparate areas as legal systems, culture, economics and public choice theory to give us a thoroughly convincing roadmap for a nation's economic success. The rule of law, enforcement of private contracts, private property rights and an independent judiciary are the basic building blocks. But the common law system, as compared to the civil law system emanating from the European continent, also gets a lot of the credit. This is an erudite, yet happily readable work that takes a lot of the mystery out of differential economic performance among nations.' -- Henry G. Manne, George Mason University School of Law, USTable of ContentsContents: Foreword by Leonard P. Liggio Preface and Acknowledgments PART I: BASIC ECONOMIC CONCEPTS 1. The Game and the Rules of the Game 2. Transaction Costs PART II: TRANSFORMATION OF THE MEDIEVAL COMMUNITY INTO MODERN SOCIETY: THE RISE OF CLASSICAL LIBERALISM, THE RULE OF LAW AND CAPITALISM 3. From the Middle Ages to Capitalism 4. Capitalism and the Rule of Law Appendix: Afraid to be Free: Dependency as Desideraturm James M. Buchanan 5. The Law of Contract and the Judiciary 6. The Economic Functions of the Constitution 7. Private Property Rights 8. Capitalism, Economic Freedom and Performance 9. The Rule of Law and Capitalism: An Overview PART III: TOWARD A THEORY OF INSTITUTIONAL CHANGE 10. The Method of Analysis 11. The Interaction Thesis 12. The Carriers of Change: The Role of Entrepreneurs 13. Formal Institutions 14. Informal Institutions or Cultural Traditions: The Role of Pathfinders 15. Efficiency-Friendly Institutional Change within the Structure of Tradition Index

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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 SynopsisNothing is more important in English land law than 'possession'. It is the foundation of all title, rights and remedies. But what exactly is it, and why does it still matter? This book, first published in 2006, is about the meaning, significance and practical effect of the concept of possession in contemporary land law. It explains the different meanings of possession, the relationship between possession and title, and the ways in which the common law and equity do, and do not, protect possession. The rights and remedies of freeholders, tenants and mortgage lenders, between themselves and against third parties, are all to some extent dependent on questions of status and possession. This book shows how. It is designed to provide an understanding of the basic principles for the student, and answers to difficult, real problems for the practitioner.Table of Contents1. Meaning of possession; 2. Protection of possession; 3. Possession, title and freehold land; 4. Leases and licenses; 5. Mortgages and charges; 6. Equity and trusts; 7. Birth and death, dissolution and insolvency; 8. Adverse possession and prescription; 9. Possession judgments; 10. Summary and conclusions.

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Book Synopsis'Great cases' are those judicial decisions around which the common law pivots. In a sequel to the instant classic Is Eating People Wrong?, this book presents eight new great cases from the United Kingdom, the United States and Australia. Written in a highly accessible yet rigorous style, it explores the social circumstances, institutions (lawyers, judges and courts) and ordinary people whose stories shaped the law. Across the courts' diverse and uncoordinated attempts to adapt to changing conditions and shifting demands, it shows the law as the living, breathing and down-the-street experience it really is. Including seminal cases in end of life, abortion and equal rights, this is an ideal introduction for students to legal history and jurisprudence.Table of Contents1. Introduction: on the road (again); 2. Is killing people right? Law and the end of life; 3. Oil on troubled waters: the consequences of civil liability; 4. The politics of law: cats, pigeons and old chestnuts; 5. The companies we keep: the moralities of business; 6. Fifty shades of Brown: consent and the criminal law; 7. Putting up a defence: sex, murder and videotapes; 8. Wade-ing into controversy: a case of accidental activism; 9. Playing a different tune: fairness in deal-making; 10. Conclusion: surfing the tides.

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