Common law Books

Book SynopsisThe Plot to Change America exposes the myths that help identity politics perpetuate itself. This book reveals what has really happened, explains why it is urgent to change course, and offers a strategy to do so. Though we should not fool ourselves into thinking that it will be easy to eliminate identity politics, we should not overthink it, either. Identity politics relies on the creation of groups and then on giving people incentives to adhere to them. If we eliminate group making and the enticements, we can get rid of identity politics.The first myth that this book exposes is that identity politics is a grassroots movement, when from the beginning it has been, and continues to be, an elite project. For too long, we have lived with the fairy tale that America has organically grown into a nation gripped by victimhood and identitarian division; that it is all the result of legitimate demands by minorities for recognition or restitutions for past wrongs. The second myth is that identity politics is a response to the demographic change this country has undergone since immigration laws were radically changed in 1965. Another myth we are told is that to fight these changes is as depraved as it is futile, since by 2040, America will be a minority-majority country, anyway. This book helps to explain that none of these things are necessarily true.Trade Review“Michael Gonzalez shows us that the idea of ‘identity’ did not just innocently emerge. It was invented for the purpose of dividing citizens into groups to be used as political pawns in a plot to change America. Identity politics turns citizens into ‘innocent victims’ in need of governmental carve-outs, and promotes brokers who do their bidding. Gonzalez lays out just how this madness can be brought to an end. A very timely book. Highly recommended.” —Joshua Mitchell, author of American Awakening“Penetrating and insightful....Mr. Gonzalez's illuminating research is particularly relevant now.” —Roger Clegg, National Review Online“Gonzalez goes beyond standard critiques, performing much-needed spadework to trace the left’s steady infiltration of universities, government agencies, courts, foundations, and school boards since the 1960s. His perspective as an assimilated Cuban-American lends authenticity and urgency to the book.” —Eric Kaufmann, Law & Liberty“Gonzalez’s book should be widely read for its valuable insights.” —George R. La Noue, The Federalist “Identity politics is at risk of tearing apart a nation which aspires to be 'indivisible, with liberty and justice for all.' Mike Gonzalez explains in The Plot to Change America how identity politics starting in the 1970s has tried to tear the nation apart—and how, sometimes, it has boomeranged on its practitioners.” —Michael Barone, Senior political analyst, The Washington Examiner, Longtime co-author, The Almanac of American Politics“Persuasive and clarifying, this book is a must read for anyone who wishes to understand how we arrived at the sordid identity politics of today and what must be done to tear it down. Gonzalez reminds Americans of all races and ethnicities that we are better off choosing individual agency, pride, and success over a culture of victimhood.” —Ying Ma, author of Chinese Girl in the Ghetto“Mike Gonzalez is a tremendous voice for conservatism. In his new book, The Plot to Change America, Mike irrefutably wrecks the identity politics arguments of the political Left, which have been tearing the country apart for years.” —Ben Shapiro, host of “The Ben Shapiro Show” and #1 New York Times bestselling author of The Right Side of History“A forceful call to stop the cancerous spread of identity politics and begin to undo the terrible damage it has done to our country.” —David Azerrad, Hillsdale College

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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 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 SynopsisThis is a time when the rule of law is seriously challenged, when governments threaten deliberately to break the law, and the independence of justice is jeopardised by unrelenting pressure from both the executive and the media. This book aims at contributing to restoring trust in judges as custodians of the law and justice, through a comparison between Civil and Common Law countries. It offers a rare opportunity to gather the expertise of eminent judges and legal authorities from five different countries, providing a unique insight into their work and the way they deliver justice based on their respective professional experience and practise of the law. Far from being a highly technical debate between experts, however, the book is accessible to students and the general public, and raises important contemporary legal issues that involve them both as citizens, with justice as a shared aspiration, and a common attachment to the rule of law.Trade Review"This impressive collection of essays is an important reminder of the pressures to which the rule of law is subject. The expert contributors, speaking from a wide range of different perspectives, demonstrate how these challenges can be overcome and, in the process, provide valuable insights into how judges and justice work." --Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom -- Lord Lloyd-Jones, Justice of the Supreme Court of the United Kingdom"This collection of essays is a timely analysis of the centrality of an independent judiciary to a democracy. It offers a powerful insight into the pressures as they arise in Canada, Denmark, England, France, Spain and Wales, and a cross-jurisdictional approach to issues such as diversity, political neutrality and training." --Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17 -- Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales 2013–17Table of ContentsList of Abbreviations Introduction: Judges’ common threats and challenges, Elizabeth Gibson-Morgan Part One: Judicial Independence Chapter One: Reflections on judges in civil law and common law countries, Lord Judge Chapter Two: A Customary Scale of Punishment; Judicial Sentencing in England and Wales, Victor Bailey Chapter Three: National perceptions of Judges and Lawyers in the UK, Matthias Kelly Chapter Four: Judicial independence in Spain, Ana Maria Neira-Pena and David Soto Diaz Part Two: Judicial Diversity Chapter Five: Diversity and Judicial Independence in Denmark, Peter Gjørtler Chapter Six: Diversity and Judicial Independence in Quebec and Canada, Michel Morin Part Three: Access to Justice Chapter Seven: Judging access to justice: the case of the United Kingdom and France, Géraldine Gadbin-George Chapter Eight: Demystifying the laws and the work of judges in Wales, Milwyn Jarman Part Four: Judicial training reform Chapter Nine: The status and influence of judges of France and of common law jurisdictions: Recruitment, training and reform, Winston Roddick Chapter Ten: The Declaration of Judicial Training Principles: Judicial Training ‘as part of the judicial role’, Benoît Chamouard Conclusion: Elizabeth Gibson-Morgan 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 SynopsisThe book collects almost thirty-five opinion pieces, essays, and two poems by the author on a wide variety of public policy topics written and published between 2006 and 2022. The author, a self-described “militant moderate,” draws on his participation in many public debates. The articles are grouped into six, topical groupings that range widely: the growing need for moderate voices in policy debates; the nature of American exceptionalism; the challenge of civic discourse; the depredations of the Trump years; and policies concerning immigration, citizenship, and refugees.Trade Review“In this book, Peter Schuck demonstrates compellingly that being a ‘moderate’ need not mean being wishy-washy. He rejects cant from all quarters, demands disciplined examination of factual evidence, and comes to provocative conclusions. Ideologues of all stripes should be forewarned: this book exemplifies intellectual independence.” — Richard Fallon, Story Professor of Law, Harvard Law School.“In this welcome sequel to his superb ‘Meditations of a Militant Moderate,’ Peter Schuck gives an object lesson in the two traits which our intellectual discourse desperately needs: common sense and wise judgment. His verve and passion dispatch the myth that moderates are milquetoasts. Slaying shibboleths about everything from abortion and immigration to cancel culture and campus crybullies, Schuck shows again why his voice is unique and necessary.” — Jonathan Rauch, Senior Fellow at the Brookings Institution. “Suffering from low blood pressure? Peter Schuck’s More Meditations of a Militant Moderate is the perfect cure. Whether you are politically left, right, or center, you will find thrilling support for and infuriating refutation of positions you embrace. But most of all, you will revel in the pleasure of reading the muscular prose of a vigorous intellect wrestling honestly with issues that will surely matter deeply to you.” — Henry J. Aaron, Bruce and Virginia MacLaury Fellow, the Brookings Institution.Table of ContentsPart 1: Preface and Part 1; Part 2: American Exceptionalism; Part 3: Civic Discourse; Part 4: The Misbegotten Trump Presidency; Part 5: Campus Follies; Part 6: Immigrants, Citizens, and Refugees

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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 SynopsisThe law of torts recognises many defences to liability. While some of these defences have been explored in detail, scant attention has been given to the theoretical foundations of defences generally. In particular, no serious attempt has been made to explain how defences relate to each other or to the torts to which they pertain. The goal of this book is to reduce the size of this substantial gap in our understanding of tort law. The principal way in which it attempts to do so is by developing a taxonomy of defences. The book shows that much can be learned about a given defence from the way in which it is classified. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.Trade Review...a welcome contribution. With its careful analysis and clear prose, the book warrants our serious attention. -- Graeme Austin * New Zealand Law Journal *...this book is a gem. It is beautifully clear in its exposition, and thorough in its examination of the area which has long needed such a look. Academic tort lawyers will love it and practitioners will find it extremely useful in clarifying their approach to arguing defences. It is worth having in your library. -- Prue Vines * Australian Civil Liability *... a highly original and insightful analysis into the law of defences to torts as a whole [that] is certainly worthwhile reading. -- James Plunkett * Australian Law Journal, Volume 88 *... an excellent, thought-provoking and rigorously analytical book, which is clearly written and meticulously researched. -- Paul Mitchell * Sydney Law Review, Volume 36 *...Goudkamp's book is the first scholarly study of tort law defences as a whole, and as such is a major addition to the scholarship of tort law. The range of the author's scholarship is impressive, not only in its scale, in that it has extended over the whole field of the law of torts, but also jurisdictionally, and in the use he makes of criminal law scholarship about defences - which may be a first for torts scholars. There are passages which are heavy on theory...which are particularly telling in showing the author's mastery of such areas. The work as a whole has carved out a new area in tort law research and is a most impressive contribution to the scholarly literature on this subject. -- Peter Handford * Torts Law Journal, Volume 21 *... Tort Law Defences... forces everyone with a serious interest in tort (and more widely in private law) to think harder about the topic. ...this is the first serious study devoted to the subject in the common-law world. That tort law defences have been under-analysed is self-evident: indeed, Goudkamp’s namesake book is the first serious attempt to conceptualise them. This is enough in itself to make it a landmark in tort scholarship. If defences are one day recognised as a coherent field of study, it will be in large part this book’s heritage. ... Tort Law Defences is ... a pioneering work. It challenges us to think harder about doctrines which are extremely important, both on a theoretical and a practical level. -- Eric Descheemaeker * The Modern Law Review, Volume 77(3) *... the book is impeccably researched and readable. -- Peter Fagan * New South Wales Law Society Journal, 2014 *In this very significant and thought-provoking book, James Goudkamp offers a fresh conceptualisation of the law governing tort defences, and does so with a rigour and energy that make the book a chellenging yet highly worthwhile study... It is an invaluable addition to torts scholarship. This fine book makes an ambitious argument that is sustained by rigorous scholarship and expressed with clarity and cogency. It deserves to be read and analysed by all those interested in tort law and the law of obligations. -- Desmond Ryan * Legal Studies, volume 34, number 4 *James Goudkamp’s book can rightly claim to be the first serious attempt to examine tort law defences systematically and it is a very important addition to the private law canon…[his] analysis is consistently thought-provoking…this book will provide the framework for future analysis of all private law defences. -- Graham Virgo * The Cambridge Law Journal *James Goudkamp’s Tort Law Defences fills a startling gap in tort law scholarship, which has not previously made a serious attempt to classify or theorize about defences...Goudkamp’s book provides an impressive foundation for the future study of defences, and will undoubtedly become the standard against which all other works are measured. -- Erika Chamberlain * Canadian Business Law Journal *This book, a revised version of the author's doctoral thesis, is the first sustained attempt in the modern law to explore the theoretical foundations of the defences to liability recognised by the law of tort and their interrelationship...an instant classic. -- Annette Morris and Ken Oliphant * Yearbook of European Tort Law, 2013 *...this book is a pathbreaker in theorising about tort law defences and deserves a space on the shelves of law libraries and tort law academics. -- Kumaralingam Amirthalingam * Singapore Journal of Legal Studies *This ambitious new work is the first concerted attempt to develop a coherent theory of defences in tort. In doing so, it addresses many of the fundamental questions that need to be analysed in order to grasp the deeper nature of defences as a functional, normative instrument in tort law. The light shed on the functionality aspect is very helpful from a comparative perspective...written in a very clear and systematic nature and Goudkamp’s language is impressively precise and readable. His analyses are based on a wide range of very interesting theoretical material, and he is undoubtedly a very knowledgeable scholar in this area...an important stepping stone in both general law theory and general theory about private law. -- Anie Marie Froseth * Journal of European Tort Law *Table of Contents1 Introduction 2 Torts and Defences 3 Denials 4 A Taxonomy of Tort Law Defences 5 Applying the Taxonomy 6 Implications 7 Rival Taxonomies 8 Denials of Responsibility 9 Future Directions

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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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