Comparative law Books

Book SynopsisVery Short Introductions: Brilliant, Sharp, Inspiring Comparative Law: A Very Short Introduction aims to offer a concise introduction to Comparative Lawits objectives, methods, concepts and uses. After an overview of the fundamental definitions, key concepts and basic lexicon of the discipline, the book proposes an analysis of the most successful techniques adopted in legal comparison for mapping the world''s legal systems and for explaining legal change and diffusion of law, also giving a concise description of the legal traditions of the world. It also offers an account of the competing approaches adopted over time in comparative endeavours, from functionalism to culturalism and postmodernism, and highlights the different emphasis placed by each of these approaches on commonalities, faith in universal law and convergence, or on divergence and irreducible differences. Finally, the book provides readers with an understanding of the practical use of comparative law, describing how legal comparison is employed both in law-making and in adjudication, supplementing legal reasoning and interpretation.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of Contents1: What is comparative law? 2: Classifying legal systems 3: Legal traditions 4: Methods and approaches 5: Sameness and difference 6: What for? The uses of comparative law Bibliography

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Book SynopsisThis book aims to honour the work of Professor Mirjan Damaska, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaska 's work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaska's work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor Damaska 's contribution to comparative law and the challenges faced by comparative law in the twenty first century.Trade Review...the editors are generally rewarded with contributions that address the common task: they thoughtfully and imaginatively engage with the themes of Damaska's work. The resulting breadth and richness of discussion represents an appropriate tribute to his influence in inspiring and provoking new lines of inquiry in comparative criminal process. Scholars of comparative evidence and procedure will welcome this book as an important and broad-ranging resource. They will need to reflect carefully upon the arguments raised and they will want their students to do the same. Stewart Field Criminal Law Review December 2009 Jackson, Langer and Tillers have accomplished a considerable feat in putting together a set of original and insightful papers that tease out many of the core themes of Damaska's work. Certainly, both the breadth and depth of the papers contained in this volume are a fitting tribute to him. Yet the end-product is also an excellent piece of scholarship in its own right; here we have an enlightening and engaging set of papers which will be of interest to criminal and evidence lawyers, as well as those with more general comparative interests. Jonathan Doak International Journal of Evidence and Proof 13 (3), 2009 It can be readily seen ... that this book contains much that touches on current debates in New Zealand and in particular will be of interest to those engaged in reviewing the performance of the Evidence Act of 2006...Honours and Masters students studying evidence or criminal procedure should be reading the relevant papers in this book. Bernard Robertson New Zealand Law Journal 2010, 122Table of Contents1 Introduction: Damaska and Comparative Law John Jackson and Maximo Langer 2 Mirjan Damaska: A Bridge Between Legal Cultures Harold Hongju Koh I Diverging and Converging Procedural Landscapes, Changes in the Institutional and Political Environment and Legal Transplants 3 The Decay of the Inquisitorial Ideal: Plea Bargaining Invades German Criminal Procedure Thomas Weigend 4 Sentencing in the US: An Inquisitorial Soul in an Adversarial Body? William T Pizzi 5 Italian Criminal Procedure: A System Caught Between Two Traditions Luca Marafioti 6 The Two Faces of Justice in the Post-Soviet Legal Sphere: Adversarial Procedure, Jury Trial, Plea-Bargaining and the Inquisitorial Legacy Stephen C Thaman 7 Some Trends in Continental Criminal Procedure in Transition Countries of South-Eastern Europe Davor Krapac II Re-Exploring the Epistemological Environment 8 Dances of Criminal Justice: Thoughts on Systemic Differences and the Search for the Truth Elisabetta Grande 9 Cognitive Strategies and Models of Fact-Finding Craig R Callen 10 Are There Universal Principles or Forms of Evidential Inference? Of Inference Networks and Onto-Epistemology Peter Tillers III Human Rights Standards and Hybridisation in the Transnational and International Prosecution of Crime 11 Extraterritorial Jurisdiction: Applications to 'Terrorism' M Cherif Bassiouni 12 Faces of Transnational Justice: Two Attempts to Build Common Standards Beyond National Boundaries John Jackson 13 Reflections on the 'Hybridisation' of Criminal Procedure Mireille Delmas-Marty 14 The Confrontation Right Across the Systemic Divide Richard D Friedman IV The Challenge for Comparative Scholarship 15 The Good Faith Acquisition of Stolen Art John Henry Merryman 16 Faces of Justice Adrift? Damaska's Comparative Method and the Future of Common Law Evidence Paul Roberts 17 Utility and Truth in the Scholarship of Mirjan Damaska Ronald J Allen and Georgia N Alexakis 18 Sentencing and Comparative Law Theory Richard S Frase 19 No Right Answer? James Q Whitman Postscript 20 Anglo-American and Continental Systems: Marsupials and Mammals of the Law Richard O Lempert

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Book SynopsisTrade Review"One of the Financial Times' Best Books of 2019: Economics""One of the Financial Times' Readers' Best Books of 2019""One of Business Insider's Richard Feloni's best books of 2019 on how we can rethink today's capitalism and improve the economy""A Project Syndicate Best Read in 2019"

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Book SynopsisThis ground-breaking book addresses the challenge of regulatory delivery, defined as the way that regulatory agencies operate in practice to achieve the intended outcomes of regulation. Regulatory reform is moving beyond the design of regulation to address what good regulatory delivery looks like. The challenge in practice is to operate a regulatory regime that is both appropriate and effective. Questions of how regulations are received and applied by those whose behaviour they seek to control, and the way they are enforced, are vital in securing desired regulatory outcomes. This book, written by and for practitioners of regulatory delivery, explains the Regulatory Delivery Model, developed by Graham Russell and his team at the UK Department for Business, Energy and Industrial Strategy. The model sets out a framework to steer improvements to regulatory delivery, comprising three prerequisites for regulatory agencies to be able to operate effectively (Governance Frameworks, Accountability and Culture) and three practices for regulatory agencies to be able to deliver societal outcomes (Outcome Measurement, Risk-based Prioritisation and Intervention Choices). These elements are explored by an international group of experts in regulatory delivery reform, with case studies from around the world. Regulatory Delivery is the first product of members of the International Network for Delivery of Regulation.Trade ReviewThe book is a must-read for regulators at all levels of government. For regulatory practitioners working at the frontlines, the chapters on regulatory practices will likely be of most interest. For those working in managerial positions in regulatory agencies, the chapters on prerequisites will likely have the most insights. Yet, as the authors of the Regulatory Delivery Model explain (in exceptionally clear language) all these aspects impact each other. Contrary to some of the other books that I have discussed on this blog, Regulatory Delivery provides regulators with an easy heuristic to work with. * New Zealand Government Regulatory Practice Initiative *Table of ContentsPART ONE WHY DELIVERY? Introduction Graham Russell 1. The Rationale for Regulatory Delivery Graham Russell and Christopher Hodges 2. The Regulatory Delivery Model Graham Russell PART TWO THE REGULATORY DELIVERY MODEL Prerequisites: Governance Frameworks 3. Governance Frameworks Graham Russell and Helen Kirkman 4. The Delegated Administrative Authority Model, a Radical Alternative Governance Framework from Ontario, Canada Srikanth Mangalam 5. Code-based Approaches, the Use of Codes to Change the Behaviour of Regulators in the UK Helen Kirkman and Paul Sanderson 6. Transparency Approaches, Changing the Role of Supervisory Institutions in Lithuania Giedrius Kadziauskas Prerequisites: Accountability 7. Accountability Graham Russell and Helen Kirkman 8. Better Business for All, an Approach to Building Local Capability for Collaboration and Accountability Martin Traynor and Kathryn Preece 9. Primary Authority as a Mechanism for Strengthening Regulator Consistency and Accountability Duncan Johnson Prerequisites: Culture 10. Culture Graham Russell and Helen Kirkman 11. Cooperative Approaches: The Work of the Inspection Council in the Netherlands Rob Velders 12. Culture as a Transformation Tool, the Experience of the Environment Protection Authority in Victoria, Australia Chris Webb Practices: Outcome Measurement 13. Outcome Measurement Graham Russell and Helen Kirkman 14. The Impacts and Outcomes Toolkit, Getting to the Outcomes of Regulatory Services Christian van Stolk and Tom Ling 15. The Impact of Inspections, Measuring Outcomes from Occupational Safety and Health Inspections Florentin Blanc and Giuliana Cola Practices: Risk-based Prioritisation 16. Risk-based Prioritisation Graham Russell and Helen Kirkman 17. Effective Environmental Regulation, the Use of Risk-based Permitting, Compliance Approaches and Associated Charging Schemes Paul Leinster and Simon Pollard 18. The Find-IT Tool, an Approach to Evidence-Led Targeted Interventions David Snowball, Joseph Januszewski, Mike Calcutt, Michael Bone and Phil Preece 19. Regulating Quality Outputs, an Approach Based on Provision of Data to Drive Behaviour Marcus Rink Practices: Intervention Choices 20. Intervention Choices Graham Russell and Helen Kirkman 21. Consumer Empowerment, Providing Information from Food Inspections in Ways that Enable Consumer Behaviour Erica Sheward and Mariam Shkubuliani 22. Ethical Business Regulation, a New Understanding of the Power of Trust-Based Relationships Christopher Hodges and Ruth Steinholtz 23. Standards-based Regulation, the Role of Standards and Accreditation in Regulatory Delivery 9 Scott Steedman, Matt Gantley and Richard Sanders PART THREE INTERNATIONAL BEST PRACTICE EXAMPLES 24. Regulatory Delivery in Brazil: Past and Future Marcelo Pacheco dos Guaranys 25. Lessons from Creating a Consolidated Inspection Agency in Mongolia Jigjidmaa Dugeree, Giuliana Cola, Florentin Blanc and Giuseppa Ottimofi ore 26. Harmonising Delivery at National and Local Levels in the Philippines Ariel Francisco Faraon and Nestor Ian Favila Fiedalan PART FOUR REFLECTIONS 27. Reflections on Regulatory Delivery: Evolution and Future Christopher Hodges

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Book SynopsisWhat effect do robots, algorithms, and online platforms have on the world of work? Using case studies and examples from across the EU, the UK, and the US, this book provides a compass to navigate this technological transformation as well as the regulatory options available, and proposes a new map for the era of radical digital advancements. From platform work to the gig-economy and the impact of artificial intelligence, algorithmic management, and digital surveillance on workplaces, technology has overwhelming consequences for everyone’s lives, reshaping the labour market and straining social institutions. Contrary to preliminary analyses forecasting the threat of human work obsolescence, the book demonstrates that digital tools are more likely to replace managerial roles and intensify organisational processes in workplaces, rather than opening the way for mass job displacement. Can flexibility and protection be reconciled so that legal frameworks uphold innovation? How can we address the pervasive power of AI-enabled monitoring? How likely is it that the gig-economy model will emerge as a new organisational paradigm across sectors? And what can social partners and political players do to adopt effective regulation? Technology is never neutral. It can and must be governed, to ensure that progress favours the many. Digital transformation can be an essential ally, from the warehouse to the office, but it must be tested in terms of social and political sustainability, not only through the lenses of economic convenience. Your Boss Is an Algorithm offers a guide to explore these new scenarios, their promises, and perils.Trade ReviewTechnology is fundamentally revolutionising the world of work - in this magisterial contribution, Aloisi and De Stefano traverse the impact of innovation on jobs, from the prospect of full automation to platform work and future-proofing labour law. It will be of great value to scholars and practitioners in law, labour market economics, and beyond. * Jeremias Adams-Prassl, Professor of Law, Oxford University, UK *Your Boss is an Algorithm is an indispensable resource to anyone thinking about how to understand and govern technology at work. Aloisi and De Stefano provide brilliant—and urgent—analysis of platform labor and the role of artificial intelligence in constraining our collective futures. But more critically, they provide a ‘future-proof’ framework to regulate innovation. * Veena Dubal, Professor of Law, University of California Hastings College of the Law, USA *Table of ContentsIntroduction 1. Navigating Uncharted Waters I. A Future Without Work? Raining on the ‘Full Automation’ Parade A. The ‘Robocalypse’ is Postponed to a Later Date II. The Digital is Political. Adopting a ‘Human in Command’ Approach 2. A Changing Labour Market I. The Consequences for the ‘Jobs that Remain’ II. Technology at Work A. Smart Robots, IoT and Manufacturing: Mind the Machines with Minds B. Remote Work, Out of Sight and Out of Place? Beyond the Pandemic Panopticon C. Selective Affinities: Matchmaking is the New Recruiting III. Work at the Service of Technology A. ‘People are Numbers’: Count or be Counted B. Working under the Algorithmic Boss C. Beating AI at its Own Game 3. Social Rights in the Digital Age I. What We Talk About When We Talk About ‘Platform Work’ (And Why Do We Talk About it So Much?) II. ‘What is Mine is Yours’. Doublespeak and the Mythology of Sharing A. Workers on Tap and Untapped Appetites B. The Platform Paradigm, Rethinking the Master–Server Dialectic C. The European Way: Strengthening the Social Dimension Step by Step III. Labour Law between Obsolescence and Resistance A. Regulation, Flexibility and the ‘Spirit’ of Innovation B. Moving Towards a Universal Model of Protection for Modern Times? C. The Big Family of Non-Standard Forms of Employment Conclusions: A Job Well Done I. Future-Proof Labour Law A. Universal Basic Income, Radical Measures in Search of Sustainability B. Collective Voice versus Digital Despotism: Negotiating the Algorithm C. And They Lived Happily and Connected Ever after: Saving the Digital Transformation from Itself

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This is the third edition of the widely acclaimed and successful casebook on contract in the Ius Commune series, developed to be used throughout Europe and beyond by anyone who teaches, learns or practises law with a comparative or European perspective. The book contains leading cases, legislation and other materials from English, French and German law as the main representatives of the legal traditions within Europe, as well as EU legislation and case law and extracts from the Principles of European Contract Law. Comparisons are also made to other international restatements such as the Vienna Sales Convention, the UNIDROIT Principles of International Commercial Contracts, the Draft Common Frame of Reference and so on. Materials are chosen and ordered so as to foster comparative study, complemented with annotations and comparative overviews prepared by a multinational team. The third edition includes many new developments at the EU level (including the ill-fated proposal for a Common European Sales Law and further developments linked to the digital single market) and in national laws, in particular the major reform of the French Code civil in 2016 and 2018, the UK’s Consumer Rights Act 2015 and new cases. The principal subjects covered in this book include: An overview of EU legislation and of soft law principles, and their interrelation with national law The distinctions between contract and property, tort and restitution Formation and pre-contractual liability Validity, including duties of disclosure Interpretation and contents; performance and non-performance Remedies Supervening events Third parties.

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Book SynopsisTrade Review"One of the Financial Times' Best Books of 2019: Economics""One of the Financial Times' Readers' Best Books of 2019""One of Business Insider's Richard Feloni's best books of 2019 on how we can rethink today's capitalism and improve the economy""A Project Syndicate Best Read in 2019""The result is nothing less than a crisis theory of law. Law as it currently functions is, for Pistor, constitutive of the order that creates and perpetuates inequality, opacity, dysfunction, and crisis, and ultimately puts at risk the legitimacy of the rule of law as such."---Adam Tooze, New York Review of Books"Almost anybody who reads this book will benefit; a must-read for corporate lawyers, investment bankers, capital providers."---Rahul Saikia, Financial Times"Those of us concerned with inequality should be focusing a great deal of attention on the basics of valuation, which means looking hard at the way law makes money."---Roy Kreitner, LPEblog"The wealth drawn from both the digital darkness and the dark pools of Wall Street exists only by virtue of the law’s encasement. . . . [Pistor's] metaphors allow us to see how, by ceding democratic control of law, we’ve 'depoliticized critical questions of self-governance,' preserving mobility for some and blocking it for others."---Quinn Slobodian, Boston Review"So much discussion around wealth and inequality involves gawking at statistics people don’t understand. Katharina Pistor offers a fascinating argument as to why inequality is increasing, and does so without having to construct class identities, as Marxists feel compelled to do, or to make heroic assumptions about the rationality of human beings, as rational choice theorists would have it."---David Murphy, Open Letters Review"Through extensive case studies, Pistor demonstrates that no one deliberately set out to construct the ‘empire of law.’ Rather, it is the result of a decentralized, unplanned process in which individual private lawyers helped individual clients protect their assets through the use of pre-existing legal constructs."---Nouriel Roubini, Project Syndicate"The Code of Capital is a welcome interdisciplinary contribution which attaches fresh dimensions to debates on the political economy of wealth and inequality. . . .it is a valuable resource for anyone seeking to grapple with the formidable nature of global capital."---Juvaria Jafri, LSE US Centre"Pistor has exploded the belief of most people that financial instruments traded across the world are creatures of law of sovereign states and are secure . . . . [The Code of Capital is] a truly remarkable book bringing out clearly one of the major causes of periodic financial crisis."---Madras Sivaraman, International Journal of Environment Studies"In possibly one of the most important non-fiction books of the decade, Pistor shines a clear and sharp light on how legal codes – increasingly determined in private law offices in New York and London – shape the contours of economic activity, ownership, and control under contemporary global capitalism"---Jayati Ghosh, Project Syndicate"A thought-provoking read." * Business & Management *

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Book SynopsisFor many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage.Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU''s role as the world''s regulator is likely to outlive its gradual economic decline, extending the EU''s influence long into the future.Trade ReviewThe present work is written in a very accessible way, despite the abstract and very technical seeming subject areas. * Bastian Matteo Scianna, Sehepunkte *Bradford makes her case with verve, and with a great eye for detail. * Jan Klabbers, European Journal of International Law *Listed as one of the Best Books of 2020 by Foreign AffairsThe author of this book, a scholar of extraordinary authority, overturns existing stereotypes and demonstrates how the European Union has become the only authority capable of dictating the rules that guide the behavior of world economic life. In the crisis of international cooperation, Brussels builds the rules that are progressively adopted by global markets. A Europe that exercises its authority not with muscles but with a refined blend of brains and experience. * Romano Prodi, formerly President of the European Commission and Prime Minister of Italy *This may well be the single most important book on Europe's influence to appear in a decade. * Andrew Moravcsik, Foreign Affairs *Anu Bradford, a professor at Columbia University, originally coined the term "Brussels effect" and has been studying it for several years. Her impressive book assembles evidence going back decades, tracing its development from the "Reach" chemicals regulation, developed in the early 2000s, to the digital age. ... What is incontrovertible is that the Brussels effect has dominated global economic regulation to an under-appreciated extent. This book will be the definitive reference guide for those wishing to understand. * Alan Beattie, Financial Times *Developing her earlier work and, in turn, Vogel's ground-breaking study of the "California Effect", Bradford argues brilliantly—without ignoring the external and internal challenges faced by the EU—the extent to which the "Brussels Effect" (i.e. the EU's unilateral power to regulate global markets) has operated in many foreign jurisdictions, including the US and China ... Bradford's tour de force is to combine a dense number of facts and information with a vivid analysis. * Julien Miéral, European Law Review *Anu Bradford's The Brussels Effect is essential reading for anyone interested in Europe's place in the world. Decried as a powerless entity, vainly committed to multilateralism, Bradford shows how the EU has,in fact, turned unilateral regulatory measures into a source of global economic clout. A timely and powerful antidote to prevailing euro-pessimism. * Adam Tooze, author of Crashed and Director of the European Institute, Columbia University *This book is both timely and important. I have frequently witnessed the Brussels Effect in many areas, including data privacy, trade, the digital economy and consumer and food safety, where the EU increasingly sets global standards. Professor Bradford describes in a detailed and engaging style why the EU is a global regulatory superpower that shapes the world in its own image. This book is of great relevance, not just for an academic audience but also for businesses and policy makers around the world. This book clearly explains the nature of the EU's often under-appreciated 'quiet influence. * Anthony Gardner, former US Ambassador to the European Union *Finally! A book that carefully and systematically documents the European Union's power in the world and challenges us to rethink how we define power in the process.The Brussels Effectis a tour de force; a study that will establish a new benchmark for scholars and serve as a major stumbling block for prophets of European decline. * Anne-Marie Slaughter, CEO, New America *InThe Brussels Effect, Anu Bradford has developed her brilliant and insightful theory of the European Union's global power into a fascinating and thorough account of the ways in which EU rules are transformed into global standards through market mechanisms. This book, like her earlier work, will be widely read and highly influential in policy as well as scholarly debates. * Gráinne de Búrca, Florence Ellinwood Allen Professor of Law, New York University *The Brussels Effectis an important book that challenges us to rethink the impact of the EU on the global economy. Bradford has made a creative and original contribution to the literature on business regulation. Her well-documented and clearly written study shows how and why the EU has become the world's most influential regulator, shaping both business practices and public policies well beyond its borders. * David Vogel, Solomon P. Lee Chair Distinguished Professor Emeritus of Business Ethics, University of California Berkley *InThe Brussels Effect, Anu Bradford offers a perceptive analysis of the influence the EU can and must have well beyond its borders. With global governance being challenged, the Brussels Effect is filling a desperately needed void. It gives us yet another reason why we cannot afford to have the European ambitions fail. * Paul Polman, Co-founder, IMAGINE and Chair, International Chamber of Commerce, Former CEO ofUnilever *Table of ContentsIntroduction: The Brussels Effect Preface to Part One: Theory Chapter 1. How the EU Became a Global Regulatory Power Chapter 2. The Brussels Effect Chapter 3. The Brussels Effect in Context Preface to Part Two: Case Studies Chapter 4. Market Competition Chapter 5. Digital Economy Chapter 6. Consumer Health and Safety Chapter 7. Environment Preface to Part Three: Assessment Chapter 8. Is the Brussels Effect Beneficial? Chapter 9. The Future of the Brussels Effect

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Book SynopsisMedical confidentiality is universally recognised as a value worth protecting. However, difficulties arise when confidential medical information becomes relevant in the context of crime prevention and criminal prosecution. Should medical confidentiality be upheld where the physician holds information which is essential for the investigation of a serious crime; for establishing the truth in a criminal trial; for an accused's defence; or for the prevention of a criminal offence? And according to which criteria should such decisions be made? Based on an examination of different approaches in medical ethics and a comparison of the relevant law of France, Germany, England and Wales and the US, this book analyses how a balance of the competing interests can best be struck.Trade Review'...clearly well written and researched...' Crime Prevention and International Safety: An International Journal '...remarkable as much for the quality of its developments as the pertinence of its comparative analysis of French, German English and American legislations...this work will be valued for its didactic nature, as exemplified by the brief conclusions and syntheses that punctuate each chapter, and its pragmatic vision.' Schweizerische Zeitschrift für Gesundheitsrecht 'Well researched and clearly written, it is a thorough examination of a specific issue, and offers an excellent analysis of how best to balance the competing interests at stake.' Bulletin of Medical EthicsTable of ContentsContents: Introduction. Ethical Considerations: Main schools of medical ethics; Autonomy, privacy and confidentiality; Conflicts of interests in the context of criminal prosecution and crime prevention; Conclusion. European Law: Protection of Medical Confidentiality: European convention on human rights; European convention on human rights and biomedicine; Data protection directive 95/46/EC; European charter of fundamental rights. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Criminal prosecution; Conflicting defence rights; Crime prevention; Summary. French Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Protection under criminal law; Protection under private law; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: General and absolute obligation of medical confidentiality; Obligation to give testimony; Defence rights of the physician; Effects of the patient's consent; Obligation to disclose certain information; Admissibility of the physician's testimony; Search for and seizure of medical records; Summary and conclusion. German Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Protection under criminal law; Protection under contract and tort law; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: A physician's testimony in criminal court; Crime prevention; Confidential material exempt from search and seizure; Summary and conclusion. English Law: Protection of Medical Confidentiality: Medical confidentiality as a fundamental right; Contractual obligation; Equitable duty; Statutory obligations and criminal offences; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: State access to confidential medical information; Voluntary disclosure by the physician; Summary and conclusion. American Law: Protection of Medical Confidentiality: Constitutional privacy protection; Statutory obligations; Private law actions for breach of medical confidentiality; Professional obligation; Summary. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Federal law; State law; Summary and conclusion. Comparative Conclusions: Protection of Medical Confidentiality: Constitutional protection; Scope and means of protection; Differences between common law and civil law approaches. Disclosure in the Context of Crime Prevention and Criminal Prosecution: Medical privilege in criminal courts; Defence rights; Crime prevention. Concluding Remarks; Bibliography; Index.

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Book SynopsisLeading experts deliver wide-ranging coverage of the history, theory, practice and potential reform of Scotland's floating charge. They examine floating charges from diverse approaches including 'black letter', socio-legal, law and economics, and comparative perspectives.

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Book SynopsisThis casebook studies the law governing judicial review of administrative action. It examines the foundations and the organisation of judicial review, the types of administrative action, and corresponding kinds of review and access to court. Significant attention is also devoted to the conduct of the court proceedings, the grounds for review, and the standard of review and the remedies available in judicial review cases. The relevant rules and case law of Germany, England and Wales, France and the Netherlands are analysed and compared. The similarities and differences between the legal systems are highlighted. The impact of the jurisprudence of the European Court of Human Rights is considered, as well as the influence of EU legislative initiatives and the case law of the Court of Justice of the European Union, in the legal systems examined. Furthermore, the system of judicial review of administrative action before the European courts is studied and compared to that of the national legal systems. During the last decade, the growing influence of EU law on national procedural law has been increasingly recognised. However, the way in which national systems of judicial review address the requirements imposed by EU law differs substantially. The casebook compares the primary sources (legislation, case law etc) of the legal systems covered, and explores their differences and similarities: this examination reveals to what extent a ius commune of judicial review of administrative action is developing.Trade ReviewThe incredible richness of the materials collected in this book and the soundness of the in-depth analysis provided in all the chapters will certainly represent a very useful resource for classes and research in comparative administrative law and judicial systems. -- Giulio Napolitano, University of Roma Tre * Review of European Administrative Law *Table of Contents1. CONSTITUTIONAL STRUCTURE AND BASIC CHARACTERISTICS OF THE LEGAL SYSTEMS EXAMINED (CONCERNING JUDICIAL REVIEW) Thomas Perroud 2. ORGANISATION OF JUDICIAL REVIEW IN ADMINISTRATIVE MATTERS AND INTRA-ADMINISTRATIVE OBJECTION PROCEDURE Mariolina Eliantonio 3. TYPES OF ADMINISTRATIVE ACTION AND CORRESPONDING REVIEW Mariolina Eliantonio and Franziska Grashof 4. ACCESS TO COURT Chris Backes 5. CONDUCT OF COURT PROCEEDINGS Mike Varney 6. GROUNDS OF REVIEW AND STANDARD OF REVIEW Hermann Pünder and Anika Klafki 7. REMEDIES AND CONSEQUENCES OF COURT DECISIONS Emilie Chevalier 8. APPELLATE PROCEEDINGS Rob Widdershoven 9. STRUCTURE AND STYLE OF JUDGMENTS Chris Backes 10. NON-JUDICIAL REDRESS MECHANISMS Mike Varney 11. LIABILITY OF THE ADMINISTRATION Hermann Pünder and Anika Klafki

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Book SynopsisThis book provides an in-depth analysis of 4 economically significant Asian jurisdictions: Mainland China, India, Hong Kong and Singapore. These jurisdictions have recently either reformed – or are considering reforming – their corporate restructuring laws to promote regimes conducive to restructuring financially distressed, but otherwise economically viable, companies. Mainland China, India, Hong Kong and Singapore continue to adhere to a framework that requires the court’s final approval but draw references from Chapter 11 of the Bankruptcy Code 1978 in the United States and/or the schemes of arrangement in the United Kingdom. However, the institutional and market structures are very different in Asia; in particular, Asia has a far higher concentration in shareholdings among listed firms, including holdings by families and the state, and a different composition of creditors. The book explains how, notwithstanding the legal transplantation, corporate restructuring laws in these Asian jurisdictions have adapted and evolved due to the frictions in shareholder-creditor and creditor-creditor relationships, and the role of the state in resolving non-performing loans and financial distress of state-owned enterprises which are listed, or which issue public debt. The study argues that any reforms must go beyond professionalising the insolvency professionals and the judiciary but must be designed to address fundamental issues of corporate governance, bank regulation and enforcing non-bankruptcy rules. It offers invaluable insights for academics and policy makers alike.Trade ReviewMeticulously researched, well presented, and thoroughly referenced, this book represents a major contribution to insolvency scholarship. It will also be valuable to those with a more general interest in corporate restructuring laws as well as insolvency laws in Asia. The methodology will be of interest to comparative law scholars in Asia, the UK, and the US, not only to those with an interest in insolvency law. The book is an extremely valuable addition to the Hart Series on Contemporary Studies in Corporate Law. -- Jingchen Zhao, Nottingham Trent University * International Insolvency Review *This book plugs a significant gap in the literature concerning restructuring and insolvency law and policy in Asia and will be a valuable resource for academics, practitioners, and those who engage in policy formulation and law reform. -- Andrew Godwin, University of Melbourne * The Chinese Journal of Comparative Law *In this excellent new book Professor Wan critically analyses the development of corporate restructuring law in four Asian jurisdictions: Hong Kong, Singapore, Mainland China, and India. Her controlling argument is that all of these jurisdictions have borrowed ideas from corporate restructuring law in the US and the UK, but that the organisational and institutional environment is very different in each of them so that adaptations are necessary for the legal transplants to flourish in their new soil. The book makes a highly significant contribution to the literature ... What emerges is a fascinating, readable, rigorous, and highly compelling piece of research. * Sarah Paterson, Professor of Law, London School of Economics and Political Science, UK *Professor Wan’s new book provides a fascinating deep dive into the insolvency regimes of China, Hong Kong, India, and Singapore. Professor Wan traces the evolution of each regime and highlights the influence that American and English systems had on that evolution. In doing so, she develops a new framework for measuring the success of restructuring laws and persuasively challenges the idea that American and English principles of restructuring can simply be transplanted to any jurisdiction regardless of local institutions and laws. This book is a must read for anyone interested in the law of corporate restructuring or comparative law more generally. * Anthony J Casey, Donald M Ephraim Professor of Law and Economics, University of Chicago, USA *In this masterful monograph, Professor Wai Yee Wan combines economic analysis with detailed institutional knowledge to assess the application of American- and British-style business reorganization law to the economies and legal environments of Mainland China, Hong Kong, India, and Singapore. Her book is rich in comparative information on these four Asian legal regimes, and she offers insightful conclusions and persuasive recommendations. Of particular importance is her original analysis of the challenges of the employment of an Anglo-American reorganization model in jurisdictions whose businesses are, as contrasted with those in the US and UK, characterized by concentrated share holdings. * Richard Squire, Professor of Law & Alpin J Cameron Chair in Law, Fordham Law School, USA *This book presents a theoretically rich and intellectually stimulating account of corporate restructuring in Hong Kong, Singapore, India and Mainland China. The corporate insolvency regimes of these jurisdictions have all been influenced to differing degrees by Anglo-American models. Wan interrogates the appropriateness of this in the very different economic and social context of business practice in these four Asian economies. Through careful examination of relevant law and the use of empirical data, she identifies a number of key differences that pull towards the need for these jurisdictions to consider their own policy imperatives and possible reforms. * Sally Wheeler OBE, Robert Garran Professor of Law, Australian National University, Australia *Table of Contents1. Introduction and Theoretical Framework 1.1. Overview 1.2. Restructuring Models in Anglo-America and Asia 1.3. Understanding the Interaction between Corporate Governance and Restructuring Law 1.4. Building an Analytical Framework 1.5. Methodology 1.6. Organisation of the Book 2. Development of Corporate Restructuring Law in Four Asian Jurisdictions 2.1. Introduction 2.2. Emerging Jurisdictions 2.3. Advanced Jurisdictions 2.4. Conclusion 3. The Agency Costs of Manager–Creditor and Shareholder–Creditor Relationships in Restructuring 3.1. Introduction 3.2. Institutional and Organisational Background 3.4. Addressing Information Asymmetry and Hold-Out Problems in Asian Restructurings 3.5. Enhancing the Restructuring Regime: Lessons and Implications 3.6. Conclusion 4. The Agency and Coordination Costs of Creditor–Creditor Relationships in Restructuring 4.1. Introduction 4.2. Institutional and Organisational Background 4.3. Strategies to Deal with Agency and Coordination Costs of Creditor–Creditor Conflicts in Anglo-American Restructurings 4.4. The Features of Asian Restructurings 4.5. Enhancing the Restructuring Regime in Asia: Lessons and Implications 4.6. Conclusion 5. Managing Non-Performing Loans and their Impact on Agency and Coordination Costs in Two Emerging Jurisdictions 5.1. Introduction 5.2. Institutional and Organisational Background in the International Context for Resolving NPLs 5.3. Institutional Background to NPLs in India and Mainland China 5.4. AMCs and Variations to Agency and Coordination Costs in Restructuring 5.5. Developing Active Distressed Loan Markets in India and Mainland China 5.6. Conclusion, Lessons and Implications for Managing NPLs 5.7. Postscript 6. Insolvency Practitioners as Gatekeeper Intermediaries 6.1. Introduction 6.2. Role of Insolvency Practitioners: A Comparative Perspective 6.3. The Governance of Intermediaries: Accountability, Conflicts of Interest and Effectiveness 6.4. Lessons, Implications and Options for Reform in Asian Jurisdictions 6.5. Conclusion 7. Role of the Courts in Court-Supervised Restructurings 7.1. Introduction 7.2. Legislative Framework and Judicial Discretion in the US and the UK: Strengths and Limitations 7.3. Legislative Framework and Judicial Discretion in Asia 7.4. Lessons and Implications 7.5. The Experience of Mainland China 7.6. Conclusion 8. Relationship between Restructuring Law, Enforcing Contracts and Directors’ Duties 8.1. Introduction 8.2. Impact of Enforcing Creditor Rights on Restructuring Law 8.3. Analysis 8.4. Directors’ Duties and Incentives to Invoke or Use Restructuring Law 8.5. Conclusion 9. Restructuring Law, Implications for Reform and Conclusion 9.1. Introduction 9.2. Seven Propositions in this Book 9.3. Future Prospects for Reform in the Asian Jurisdictions 9.4. Conclusion

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Book SynopsisThis book provides a snapshot of privacy laws and practices from a varied set of jurisdictions in order to offer guidance on national and international contemporary issues regarding the processing of personal data and serves as an up-to-date resource on the applications and practice-relevant examples of data protection laws in different countries.Privacy violations emerging at an ever-increasing rate, due to evolving technology and new lifestyles linked to an intensified online presence of ever more individuals, required the design of a novel data protection and privacy regulation. The EU General Data Protection Regulation (GDPR) stands as an example of a regulatory response to these demands.The authors included in this book offer an in-depth analysis of the national data protection legislation of various countries across different continents, not only including country-specific details but also comparing the idiosyncratic characteristics of these national privacy laws to the GDPR. Valuable comparative information on data protection regulations around the world is thus provided in one concise volume.Due to the variety of jurisdictions covered and the practical examples focused on, both academics and legal practitioners will find this book especially useful, while for compliance practitioners it can serve as a guide regarding transnational data transfers.Elif Kiesow Cortez is Senior Lecturer at the International and European Law Program at The Hague University of Applied Sciences in The Netherlands.Table of ContentsChapter 1. Data Protection Around the World: An Introduction.- Chapter 2. Data Protection Around the World: Belgium.- Chapter 3. Data Protection in Estonia.- Chapter 4. GDPR in France: A Lot of Communication for a Jurisdiction Well Experienced in the Protection of Personal Data.- Chapter 5. Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations.- Chapter 6. Privacy and Personal Data Protection in Indonesia: The Hybrid Paradigm of the Subjective and Objective Approach.- Chapter 7. Data Protection Regulation in the Netherlands.- Chapter 8. The GDPR Influence on the Tanzanian Data Privacy Law and Practice.- Chapter 9. Data Protection Around the World: Turkey.- Chapter 10. The United States and the EU’s General Data Protection Regulation.- Chapter 11. European Laws’ Effectiveness in Protecting Personal Data.- Chapter 12. Data Protection Around the World: Future Challenges.

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Book SynopsisThis open access book presents global perspectives and developments within the information and communication technology (ICT) sector, and discusses the bearing they have on policy initiatives that are relevant to the larger digital technology and communications industry. Drawing on key developments in India, the USA, UK, EU, and China, it explores whether key jurisdictions need to adopt a different legal and policy approach to address the unique concerns that have emerged within the technology-intensive industries. The book also examines the latest law and policy debates surrounding patents and competition in these regions. Initiating a multi-faceted discussion, the book enables readers to gain a comprehensive understanding of complex legal and policy issues that are beginning to emerge around the globe. Table of ContentsChapter 1: Global Technology Disputes in 4th Industrial Revolution.- Chapter 2: Comparative Analysis of Policy Developments.- Chapter 3: Judicial Decisions on Key Issues.- Chapter 4: Evolving Role of Global Standards and SSOs.- Chapter 5: Patents and the Status Quo.

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Book SynopsisIn Experimentalist Constitutions, the first book that systematically compares subnational experimentalism in different countries, Wang argues that “laboratories of democracy” are not exclusive to the American system; instead, similar concepts apply in China and India, with different center–local structures and levels of political competition.

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Book SynopsisThis book introduces the reader to the Italian Constitution, which entered into force on 1 January 1948, and examines whether it has successfully managed the political and legal challenges that have occurred since its inception, and fulfilled the three main functions of a Constitution: maintaining a community, protecting the fundamental rights of citizens and ensuring the separation of powers.Table of Contents1. The Making of the Italian Constitution and its Evolution I. Introduction II. The Albertine Statute III. The Fascist Regime, the Second World War and the Transition to the Republic (1922–1945) IV. The Constituent Assembly (1946–1948) V. The Rigidity of the Republican Constitution VI. Procedures for and Limits on Constitutional Amendments VII. The Most Important Constitutional Amendments VIII. The Evolution of the Italian Republican Constitution IX. Conclusion Further Reading 2. The Italian Constitution within the ‘Composite’ European Constitution I. Introduction II. Openness to the International Order and its Foundations III. The Constitutional Principles on International Law IV. The ‘European Journey’ of the Constitutional Court V. The ‘Counter-limits’ Doctrine VI. The European Convention of Human Rights in the Italian Legal System VII. Constitutional Rules and Practice of Implementing EU Law VIII. Conclusion Further Reading 3. Popular Sovereignty and Separation of Powers I. Introduction II. The Democratic Principle in the Italian Constitution: The Right to Vote and to be Elected III. Direct Democracy: The Abrogative Referendum and its Different Usages IV. Representative Democracy: The Electoral System and its Evolution V. Conclusion Further Reading 4. Parliament I. Introduction II. The Italian Parliament in the Constitution III. A Symmetrical Bicameralism IV. The Internal Organisation of the Chamber and the Senate V. Privileges and Immunities of MPs VI. Parliamentary Rules of Procedure VII. The Legislative Process 2 VIII. The Budgetary Process IX. The Oversight Function X. Conclusion Further Reading 5. The Government: Between Politics and Administration I. Introduction II. The Structure of the Government III. The Confidence Relationship with the Two Houses of Parliament IV. The Primary and Secondary Normative Powers of the Government V. The Distinction between Politics and Administration VI. The Constitutional Principles on Public Administration VII. The Auxiliary Bodies and the Independent Authorities VIII. Conclusion Further Reading 6. The President of the Republic I. Introduction II. Election, Term of Office and Substitution III. The Responsibility of the President of the Republic IV. The Counter-signature and the Classification of the Acts of the President of the Republic V. The Shaping of the Role of the President of the Republic Throughout the Constitutional Experience VI. Conclusion Further Reading 7. Regional and Local Government I. Introduction II. Origins and Evolution of the ‘Republic of Autonomies’ III. The Constitutional Framework and its Delayed Implementation IV. Special and Ordinary Regions V. The Direct Election of the Presidents of the Regions and Statutory Autonomy VI. The Distribution of Legislative Competences between the State and Regions VII. Administrative Autonomy and the Principles of Subsidiarity and Loyal Cooperation VIII. Financial Autonomy IX. Local Authorities X. Conclusion Further Reading 8. The Judiciary I. Introduction II. The Evolution of the Judicial Function III. The Separation of Powers and Judicial Independence IV. The Organisation of the Judiciary V. Judicial Responsibility VI. Conclusion Further Reading 9. The Constitutional Court I. Introduction II. Historical Background III. The European Model of Constitutional Adjudication IV. The Constitutional Court: Composition and Functions V. The Court’s Delayed Establishment and First Years of Activity: Reviewing Fascist Legislation VI. A Variety of Remedies VII. The Incidental Procedure and the Relationship with Ordinary Courts VIII. The Constitutional Court and European Courts IX. The Relational Character of Italian Constitutional Adjudication and Internal Collegiality X. Conclusion Further Reading 10. Protection of Rights I. Introduction II. The Evolution of Constitutionalism and the ‘Age of Rights’ III. Inviolable Rights IV. The Italian Approach to Fundamental Rights: Personalism, Pluralism and Solidarity V. Codified Rights and New Rights VI. Limiting Rights VII. Judicial and Non-judicial Safeguards VIII. Key Rights IX. Conclusion Further Reading

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Book SynopsisThis casebook presents a deep comparative analysis of property law systems in Europe (ie the law of immovables, movables and claims), offering signposts and stepping stones for the reader wishing to explore this fascinating area. The subject matter is explained with careful attention given to its history, foundations, thought-patterns, underlying principles and basic concepts. The casebook focuses on uncovering differences and similarities between Europe's major legal systems: French, German, Dutch and English law are examined, while Austrian and Belgian law are also touched upon. The book combines excerpts from primary source materials (case law and legislation) and from doctrine and soft law. In doing so it presents a faithful picture of the systems concerned. Separate chapters deal with the various types of property rights, their creation, transfer and destruction, with security rights (such as mortgages, pledges, retention of title) as well as with harmonising and unifying efforts at the EU and global level. Through the functional approach taken by the Ius Commune Casebooks this volume clearly demonstrates that traditional comparative insights no longer hold. The law of property used to be regarded as a product of historical developments and political ideology, which were considered to be almost set in stone and assumed to render any substantial form of harmonisation or approximation very unlikely. Even experienced comparative lawyers considered the divide between common law and civil law to be so deep that no common ground - so it was thought - could be found. However economic integration, in particular integration of financial markets and freedom of establishment, has led to the integration of particular areas of property law such as mortgage law and enforceable security instruments (eg retention of title). This pressure towards integration has led comparative lawyers to refocus their interest from contract, tort and unjustified enrichment to property law and delve beneath its surface. This book reveals that today property law systems are closer to one another than previously assumed, that common ground can be found and that differences can be analysed in a new light to enable comparison and further the development of property law in Europe.Table of ContentsPreface Introductory chapter Chapter 1. Common concepts and leading principles Chapter 2. Protection of property rights Chapter 3. Types of property rights: immovables and movables Chapter 4. Types of property rights: claims Chapter 5. Property rights as security interests Chapter 6. Management devices: trust, treuhand, fiducie Chapter 7. Creation Chapter 8. Transfer Chapter 9. Destruction Chapter 10. Uniform or harmonised property law Tables Contributors Bram Akkermans (Maastricht University, NL) Monika HINTEREGGER (University of Graz, AU) Caroline LEBON (University of Leuven, BE) John Michael MILO (University of Utrecht, NL) Vincent SAGAERT (University of Leuven, University of Antwerp, BE) William SWADLING (University of Oxford, UK) Sjef VAN ERP (Maastricht University, NL) Lars VAN VLIET (University of Maastricht, NL) Assisted by Ton ROSEBOOM (Maastricht University) Advisory committee Madeleine CANTIN CUMYN (McGill University, CA) Susan FRENCH (UCLA Law School, USA) Kenneth REID (Edinburgh University, UK)

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Book SynopsisThis third edition of the modern classic Zweigert & Kötz''s Introduction to Comparative Law is fully revised and updated, but its familiar structure and easy style remain the same. The book first discusses the nature of Comparative Law, its functions, aims, methods and history, and then it surveys the main features of the major legal families of the world. In the second part it provides a model of comparative law in action, comparing, contrasting and evaluating the different approaches and solutions of the major legal systems. As well as offering an excellent grounding in comparative private law, this book is an essential base for further research.Trade ReviewThis is an excellent guide to legal systems of the world, for both students and lawyers ... because of its rich content and its ability to shrink a rather large body of information into a succinct one-volume publication. * American Society of International Law Newsletter *The third edition of An Introduction to Comparative Law continue to enrich the perspectives of a new generation of readers./Susan Millns/International and Comparative Law Quaterly Vol.48 October 1999.This... standard classroom text for courses in Comparative Law in both common law and civil law countries... succinctly collates a vast array of information for presentation in a seminar course... an excellent guide to legal systems of the world, for both students and lawyers concerned with key differences and similarities, both because of its rich content and its ability to shrink a rather large body of information into a succinct one-volume publication. * American Society of International Law *Table of ContentsPART I; A. GENERAL CONSIDERATIONS; B. THE LEGAL FAMILIES OF THE WORLD; I. THE ROMANISTIC LEGAL FAMILY; BII. THE GERMANIC LEGAL FAMILY; III. THE ANGLO-AMERICAN LEGAL FAMILY; IV. THE NORDIC LEGAL FAMILY; V. LAW IN THE FAR EAST; VI. RELIGIOUS LEGAL SYSTEMS; PART II; A. CONTRACT; I. THE FORMATION OF CONTRACTS; II. THE PERFORMANCE OF CONTRACTS; B. UNJUSTIFIED ENRICHMENT; C. TORT

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Book SynopsisThis book challenges the common view that the Russian Constitution is a sham or a reflection of Russia's authoritarian past.It instead shows that the Russian Constitution was a product of the constitutional dark arts', an increasingly common constitutional practice that seeks to guarantee liberal democracy and individual rights in a system of highly centralised power. Over time in Russia, the centralisation of power in the president has undermined the constitution's democratic and rights protections. This Russian experience matters for three reasons. First, it shows that Russian authoritarianism is neither the personal creation of Vladimir Putin nor a natural reflection of Russian history. It is instead the product of a centralised constitutional system. A democratic Russia is possible but requires more than just Putin leaving office - it also requires breaking with Russia's constitutional commitment to centralisation. Second, it demonstr

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Book SynopsisOn both a national and global stage we are witnessing a reckoning on issues of racial justice. This historical moment that continues to unfold in the United States and elsewhere also creates an opening to spark and revitalize debate and policy changes on a range of crucial topics, including national security. By surfacing the depths to which White hegemonic power influences our institutions and cultural assumptions, we gain more accurate understanding of how race manifests in national security domestically, transnationally, and globally.In Race and National Security, leading experts challenge conventional interpretations of national security by illuminating the underpinning of White supremacy in our social consciousness. The volume centers the experience of those who have long been on the receiving end of racialized state violence. It finds that re-envisioning national security requires more than just reducing the size and scope of the security state.Contributors offer visions for reforming and transforming national security, including adopting an abolitionist framework. Race and National Security invites us to radically reimagine a world where the security state does not keep Black, Brown, and other marginalized peoples subordinated through threats of and actual incarceration, violence, torture, and death. Race and National Security is a groundbreaking volume which serves as a catalyst for remembering, exposing, and reconceiving the role of race in national security.The Just Security book series from OUP tackles contemporary problems in international law and security that are of interest to a global community of scholars, policymakers, practitioners, and students. With each volume taking a particular thematic focus and gathering leading experts, the series as a whole aims to rigorously and critically reflect on developments in these areas of law, policy, and practice. Each volume will be accompanied by a series of shorter digital pieces in Just Security''s online forum at www.justsecurity.org, which tie the discussion to breaking news and headlines.Table of ContentsPreface List of Contributors Acknowledgments I. Introduction - Confronting the Color Line in National Security, Matiangai Sirleaf II. Why Race & National Security? 1. Beyond Color-Blind National Security Law, James Gathii 2. "Viral Convergence": Interconnected Pandemics as Portal to Racial Justice, Catherine Powell 3. National Security Law and the Originalist Myth, Aziz Rana III. Race & the Scope of National Security 4. Black Security and the Conundrum of Policing, Monica Bell 5. Carceral Secrecy and (In)Security, Andrea Armstrong 6. The Border Called My Skin, Jaya Ramji-Nogales IV. Race & the Boomerang Effect of National and Transnational Security 7. Militarized Biometric Data Colonialism, Margaret Hu 8. Extending the Logic of Defund to America's Endless Wars, Asli Bâli 9. Extrajudicial Executions from the United States to Palestine, Noura Erakat V. Comparative and International Perspectives on Race & National Security 10. Racial Transitional Justice in the United States, Yuvraj Joshi 11. Black Guilt, White Guilt at the International Criminal Court, Rachel López 12. The UN Cannot Rest on Past Laurels: The Time for Courageous Leadership on Anti-Black Racism is Now, Adelle Blackett VI. Conclusion - Reforming, Transforming and Radically Imagining National Security, Matiangai Sirleaf

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Book SynopsisThe law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.Trade ReviewThis is a major contribution to the literature, demanding the attention of anyone with a serious interest in the theory of the law of tortious responsibility. * European Tort Law *This intelligent and ambitious book is going to influence deeply future discourse. * Russell Brown, Canadian Business Law Journal *Torts and Rights is full of stimulating and provocative analysis and argument, both descriptive and normative. It deserves a large and wide audience. * Peter Cane, The Modern Law Review *In Torts and Rights, Stevens has taken the claim of rights-based theorists one step further and in a far-ranging tour de force shows how most of the well-recognised torts can be understood from this perspective. * JW Neyers, Kings Law Journal *Whilst Stevens audience may not find themselves in agreement with all of his conclusions, few will be able to deny the coherence of his presentation or the clarity of his reasoning. Its impact on the law of torts is bound to be significant; tort lawyers, you have been warned. * Sarah Green, The Cambridge Law Journal *A much clearer and rational analysis of the structure of tort law * Simon Douglas, Law Quarterly Review *Packed with a host of valuable insights * John Murphy, Oxford Journal of Legal Studies *Stevens presents a convincing and hard-hitting rights-based portrayal of the whole of the law of torts in an economical 361 pages. * JW Neyers, King's Law Journal, 19 *A valuable contribution to the subject. * Lord Hoffmann, from the Foreword *Table of Contents1. Introduction ; 2. Rights ; 3. Loss ; 4. Remedies ; 5. Fault ; 6. Causation ; 7. Remoteness ; 8. Privity ; 9. Concurrence ; 10. State ; 11. Attribution ; 12. Accessories ; 13. Classification ; 14. Policy ; 15. Justice ; 16. Conclusion

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Book SynopsisThe field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.Providing the first single-volume, comprehensive reference resource, the ''Oxford Handbook of Comparative Constitutional Law'' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.Table of ContentsPART I: HISTORY, METHODOLOGY, AND TYPOLOGY ; PART II: IDEAS ; PART III: PROCESS ; PART IV: ARCHITECTURE ; PART V: MEANINGS/TEXTURES ; PART VI: INSTITUTIONS ; PART VII: RIGHTS ; PART VIII: OVERLAPPING RIGHTS ; PART IX: TRENDS

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Book SynopsisDespite the growing scholarly interest in comparative public law, there remain relatively few works on the subject. Contemporary French Administrative Law aims to redress that imbalance, offering English-language readers an authoritative introduction to the key features of French administrative law and its institutions. The French legal system is among the most well-developed and influential in the world, and, as procedures continually adapt to European and international influences, it has never been more worthy of research, study and interrogation. This book employs a wide range of recent, illustrative cases to demonstrate how French administrative law works both in theory and in practice. Using a systematic approach and covering everything from judicial review to public contracts, this is a highly valuable text for any student or researcher with an interest in French law. The book is also available as Open Access.Table of Contents1. Introduction; 2. The institutional and legal context of administrative law; 3. Courts and judges; 4. The procedure for making claims against public authorities; 5. The distinction between public law and private law; 6. Judicial review: procedure; 7. Maintaining legality: the grounds of review; 8. State liability; 9. Claims relating to public contracts; 10. Conclusion.

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Book SynopsisThis volume considers the use of impeachment within a global context. The book brings together leading scholars and experts to give an insight into significant periods in the development of impeachment and its modern comparative use. Divided into five parts, the opening chapter introduces the topic and underlines its significance in terms of understanding the relationship and inter-dependence among politics, governance and the law. It also offers a novel conceptual framework that facilitates the global mapping of impeachment processes. Part I presents a thematic approach that explores the topic of impeachment through the lenses of democracy, human rights and the rule of law. With these themes in mind, Part II focuses on those parts of the world where impeachment is generally recognised as a core constitutional process including the United States, South Korea, Brazil and other countries in South America. Part III continues with the process of constitutional mapping by moving to a focTrade Review‘A book for our troubled times. Monaghan, Huq, and Flinders have convened an exceptional cast of contributors to illuminate the uses and abuses of impeachment in a comparative context. From Africa to the Americas and from Asia to Europe, this outstanding volume draws from doctrine, history, and theory to highlight understudied problems and questions through riveting case studies that expose the many functions of impeachment as a check on executive power, as a device for accountability, and as a weapon for retribution in constitutional politics. “Impeachment in a Global Context” is a home run study of impeachment around the world.’Richard Albert, Professor of World Constitutions, The University of Texas at Austin‘Whether it is a judge, minister, or chief executive in removal proceedings, impeachment brings with it thorny legal questions and often intense political ramifications. Impeachment in a Global Context acknowledges and engages these difficulties by providing deeply contextualized accounts of impeachment within individual countries, set within a broader framing of comparative analysis and theoretical insight. From those systems in which impeachment is core to constitutional governance to countries where it is only newly emerging as a tool, the book’s breadth is a boon for scholars and practitioners interested in constitutional design. And the book’s empirical focus on how impeachment actually functions sheds important light on its normative desirability. In short, this deftly constructed volume will serve as an essential resource on impeachment long into the future.’Erin F. Delaney, Professor of Law, Northwestern University‘Impeachment looms large in the current US political imaginary. It also shapes democratic politics across presidential systems worldwide: it has been deployed on almost every continent in the last decade, in ways that served both to bolster and undermine commitments to democracy and rule of law. In this important new volume, Monaghan, Huq, and Flinders bring together a star-studded list of contributors to survey these trends, their underpinnings, and significance for our understanding of democratic constitutional design and practice.’Rosalind Dixon, Professor of Law, University of New South Wales‘Impeachment remains a central institution to constrain executive power, but it is often abused. This rich volume transcends the conventional study of impeachment proceedings in presidential regimes to show their role in semipresidential and parliamentary systems across the world. The contributors address the impact of impeachment on democracy, human rights, and the rule of law.’Aníbal Pérez-Liñán, Professor of Political Science and Global Affairs, University of Notre DameTable of Contents1. Understanding Impeachment: An Exercise in Comparative Cartography; PART I. FOUNDATIONS; 2. Impeachment as Cause or Cure of Human Rights Violations; 3. Impeachment and Democracy: Does Impeachment Have an Effect on Democracy in Third Wave Presidentialism?; 4. Impeachment and the Rule of Law: It’s Complicated; PART II. CORE; 5. The Role of the Judiciary in the Presidential Impeachment Process in Korea; 6. Latin America: Between Governability Crises and the Impeachment Trap; 7. Contemporary Impeachment in Brazil: Political Time and Aporias; 8. Impeachment in the United States; PART III. PERIPHERY; 9. Impeachment in Iceland; 10. Impeachment in Denmark: Law and Practice; 11. The Impeachment of the Chief Justice of Sri Lanka, Dr Shirani Bandaranayke; 12. Impeachment in the Philippines: Politics, Institutions and Leadership; PART IV. SATELLITE; 13. Impeachment in Central and Eastern Europe; 14. Impeachment in Nigeria: Process, Practice and Failure; 15. The Politics of Impeachment in Pakistan’s Hybrid Democracy; 16. The United Kingdom and Impeachment: Justification, Renewal, and the House of Commons as a Guardian of the Constitution; PART V: FUTURES; 17. Impeachment in Comparative Perspective: An Empirical View

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Book SynopsisTrade in goods and services has historically resisted territorial confinement, but trademark protection remains territorial, albeit within an increasingly important framework of multilateral treaties. Trademark law therefore demands that practitioners, policy-makers and academics understand principles of international and comparative law. This handbook assists in that endeavour, with chapters describing and critically analyzing international and regional frameworks, and providing comparative perspectives on the substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names. Chapters contrast common law and civil law approaches while focusing on the US and EU trademark systems in light of the role these systems have played in the development of trademark laws. Additionally, this handbook covers other jurisdictions, both common law and civil law, on the Asia-Pacific, African, and South American continents. This work should be reaTrade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisThis book will benefit researchers and research institutions by explaining the regulatory environment for access to government held data for research. The book will also be valuable to government policy makers and decision-makers around the world by providing comparative examples of global best practice to guide reform.

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Book SynopsisExploring the historical experience of the Global South, Boaventura de Sousa Santos argues that state law excludes populations and peoples by deeming them invisible, irrelevant, or dangerous. Demonstrating the suffering caused by capitalism, colonialism, and patriarchy, he pursues real legal utopias by proposing realistic yet hopeful alternatives.Trade Review'At a moment when the world confronts multiple existential crises, this book-synthesizing a half-century of wisdom-is magisterial, essential, and poetic. De Sousa Santos sustains the impossible tension between optimism and pessimism by presenting examples of 'real legal utopias', a seeming oxymoron that captures the necessity to engage law as both a realist and a utopian.' Richard L. Abel, UCLA'This commanding volume offers a penetrating analysis of extreme inequality and the concurrent failure of social democracy globally. It encourages learning from counter-hegemonic real legal utopias and a vast plurality of social practices. Reflecting on his own intellectual travels and activism over decades, de Sousa Santos reveals a story of immense intellectual and ethical courage, constantly searching for new sociolegal insight applicable to today's unprecedented times.' Eve Darian-Smith, University of California - Irvine'This is the magnum opus of Boaventura de Sousa Santos's life and work, a compendium and reflection on the many pioneering achievements of a life lived well. His commitment to epistemic and cognitive decolonisation and his unwavering confrontation of the devastations of capitalism, colonialism and patriarchy make de Sousa Santos the intellectual for our troubled times.' Costas Douzinas, Birkbeck - University of London'The book offers a clear-eyed account of the possibility of progressive transformation. Drawing on his incomparable experience across multiple continents, nation-states, and political stakes, this is classic Boaventura de Sousa Santos. Encyclopaedic in scope and detail, it is magisterial in reach. A reference book for our times.' David Theo Goldberg, University of California - IrvineTable of ContentsPart I. The Tragic Optimism of the Law: The End of a Story: 1. Unsettling times; 2. The end of legal reformism? Lineages of legal reformism; 3. The early demise of legal reformism: my journey through the Law and Modernization Program at Yale University; 4. Room for manoeuvre: Paradox, programme, or Pandora's Box?; Part II. Epistemologies of the South and the Law: 5. Introducing the epistemologies of the South; 6. The epistemologies of the South and law: towards a post-abyssal law; 7. Is post-abyssal law possible? Part III. The Abyssal Law under the Mode of Abyssal Exclusion: 8. Lawfare: a long history; 9. Colonial law and imperial law; 10. Colonial legal duality: the creation of legal codes for indigenous populations; Part IV. Real Legal Utopias: Interrupting the State: 11. The heterogeneous state, legal plurality and traditional authorities in Africa: the case of Mozambique; 12. The rise of a micro dual state: a case of highly politicised legal pluralism; 13. The refoundation of the state in Bolivia and Ecuador?; Part V. Real Legal Utopias: Interrupting the Law: 14. Law and revolution in Portugal: experiences of popular justice after the carnation revolution of 1974; 15. Popular justice in cape verde; 16. The landless rural workers' movement in Brazil and its struggles for access to law and justice; 17. The law of the excluded: indigenous justice and plurinationality in Bolivia and Ecuador; 18. Decolonising justice and democratic peace in Colombia; Part VI. Real Legal Utopias: Interrupting Hegemonic Human Rights: 19. Human rights in a post-secular age: counter-hegemony and progressive theologies; 20. Towards an insurgent, intercultural and cosmopolitan declaration of human rights and duties; 21. Rights of nature.

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Book SynopsisThis book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US ‘organising model’ and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the ‘Fight for $15’ and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers’ Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.Trade ReviewThis book provides an insightful synthesis of industrial activity abroad, and thoughtful potential solutions to reversing union woes. -- Grace Morgan Cocks * Alternative Law Journal *Professor Forsyth makes this need for comprehensive and structural trade union action and policy measures strikingly evident. He does so in a well-written, enlightening, and stimulating book underpinned by a robust legal and industrial relation analysis. There is no doubt that The Future of Unions and Worker Representation will be a most valuable resource for academics, researchers, and students in labour law and industrial relations for many years to come. -- Valerio de Stefano * Industrial Law Journal *The Future of Unions and Worker Representation: The Digital Picket Line is an important book which comes at a critical time for the union movement. To fulfil the promise of revitalisation, unions must forge lasting connections with the newest generations of workers who have grown up as digital natives. The book builds a convincing case for reform, both of external legal frameworks and of unions themselves. It also builds a compelling case through its analysis of union activity in the gig economy and during the pandemic of the continuing necessity of trade unions and their important place as agents of all working people. -- Shae McCrystal * Australian Journal of Labour Law *Table of Contents1. Introduction I. Unionising Big Tech II. Aims and Scope III. Why Compare the USA, the UK, Australia and Italy? IV. Chapter Overview V. The Digital Picket Line 2. A Snapshot of Union Decline in the Four Countries I. Introduction II. Challenging Times for Trade Unions in the USA, the UK and Australia III. The Differing Trajectory of Union Membership and Worker Representation in Italy IV. Conclusion 3. The Legal Framework for Unions and Worker Representation in the Four Countries I. Introduction II. The USA III. The UK IV. Australia V. Italy VI. Conclusion 4. Unions in the USA: From the Organising Model to Alt-Labour I. Introduction II. The AFL-CIO Organising Model III. Change to Win IV. Unions Bypass the Broken NLRA Process V. Looking Further Afield: Unions in the Community, Alt-Labour and Bargaining for the Common Good VI. A (Seemingly) Lost Cause: Unions and Labour Law Reform VII. Conclusion 5. Australian Unions: From the Accord to ‘Change the Rules’ I. Introduction II. Early 1990s: The Legacy of the Accord III. Adopting the Organising Model IV. Campaigning for Legal Change: Ending Work Choices and the Return of a Labor Government V. Unions on the Defensive again as the Coalition Returns to Government VI. Union Decline Intensifies, Spawning Exploration of New Membership Models VII. The ‘Change the Rules’ Campaign and its Aftermath VIII. Conclusion 6. Australian Unions: Innovations, Amalgamations and Organising Beyond the Workplace I. Introduction II. New Union Models and Digital Prototypes III. Back to the Future: A New Wave of Union Mergers IV. Campaigning and Organising Beyond the Workplace V. Conclusion 7. The UK: From ‘New Unionism’ to Indy and Digital Unions I. Introduction II. The UK Variant of Organising III. ‘Third Way’ Unionism: The Partnership Agenda IV. Back into the Wilderness: Unions Confront Austerity, Brexit and the Legacy of New Labour V. Up for a Scrap: Social Movements, ‘Indy Unions’ and #McStrike VI. ‘An Alternative to Simply not being Present’: New Membership Models and Digital Experiments VII. Conclusion 8. Italian Unions: Fighting for the Marginalised I. Introduction II. Specialist Unions for Precarious Workers – And Challenging Agency Work III. Italian Unions and Migrant Workers IV. Building (Rank-and-File) Union Strength in the Logistics Sector V. Conclusion 9. Unions and the Gig Economy: Advocacy, Campaigning, Mobilising I. Introduction II. Overview of the Gig Economy in the Four Countries III. The Mirage of Liberating Work in the Gig Economy IV. Enter, the Unions … V. Exposing the Reality of Gig Work as a Basis for Advocacy, Campaigning and Mobilising VI. Conclusion 10. Unions and the Gig Economy: Misclassification Test Cases and Collective Bargaining I. Introduction II. ‘Litigating the Digital Platform Model’: Legal Challenges to the Misclassification of Gig Workers III. ‘Staying United to Reverse the Race to the Bottom’: Collective Bargaining in the Gig Economy IV. Conclusion 11. What is the Future of Unions and Worker Representation? What Changes are Needed in Labour Laws? I. Introduction II. A Pathway to Union Revitalisation III. Reforming Labour Law to Empower Workers and Unions to Win IV. Conclusion 12. The COVID-19 Pandemic: The Undeniable Case for Unions I. Introduction II. Union Involvement in National Responses to the COVID-19 Emergency III. Income Protection IV. Protecting Workers’ Safety V. Conclusion: Implications of the Pandemic for Trade Unions

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Book SynopsisThis major collection contains selected papers from the third Public Law Conference, an international conference hosted by the University of Melbourne in July 2018. The collection includes contributions by leading academics and senior judges from across the common law world, including Australia, Canada, New Zealand, the United Kingdom and the United States. The collection explores the frontiers of public law, examining cutting-edge issues at the intersection of public law and other fields. The collection addresses four principal frontiers: public law and international law; public law and indigenous peoples; public law and other domestic fields, specifically criminal law and private law; and public law and public administration. In common with the two books from the previous Public Law Conferences, this collection offers authoritative insights into the most important issues emerging in public law, and is essential reading for those working in the field.Trade ReviewA voyage of a discovery … any practitioner or scholar working within any subfield of public law will likely find something of direct interest among the book’s contents. -- Joanna Bell * Oxford Journal of Legal Studies *Table of Contents1. Introduction: The Frontiers of Public Law Jason NE Varuhas and Shona Wilson Stark PART 1 PUBLIC LAW AND INTERNATIONAL LAW 2. Global Constitutionalism: Myth and Reality Cheryl Saunders 3. Frontiers of Global Administrative Law in the 2020s Benedict Kingsbury 4. National Security Policy-making in the Shadow of International Law: The Case of the PPG Laura A Dickinson 5. Public Law in the UK after Brexit Jack Beatson and Emma Foubister PART 2 PUBLIC LAW AND INDIGENOUS PEOPLES 6. Indigenous Rights, Judges and Judicial Review in New Zealand Matthew SR Palmer 7. Coming to Terms with Communal, Land-related Decision-making by Aboriginal and/or Torres Strait Islander Peoples in a Public Law Context Debbie Mortimer 8. Representing Jurisdiction: Decolonising Administrative Law in a Multijural State Mary Liston 9. From the Heart: The Indigenous Challenge to Australian Public Law Kirsty Gover 10. Public Law, Legitimacy and Indigenous Aspirations Harry Hobbs 11. Places as Persons: Creating a New Framework for Maori-Crown Relations Andrew Geddis and Jacinta Ruru PART 3 PUBLIC LAW, CRIMINAL LAW AND PRIVATE LAW 12. Changing Boundaries: Crime, Punishment and Public Law David Feldman 13. Discretionary Power and Consistency: Is the Sentencing Discretion Different? Chris Maxwell 14. Public and Private Law: A Redundant Divide Carol Harlow 15. The ‘Contracting State’ and the Public/Private Divide ACL Davies 16. Public and Private Boundaries of Administrative Law Margaret Allars PART 4 PUBLIC LAW AND PUBLIC ADMINISTRATION 17. The Nature and Bounds of Executive Power: Keeping Pace with Change KM Hayne 18. Peering into the Black Box of Executive Power: Cabinet Manuals, Secrecy and the Identification of Convention Anne Twomey 19. Fomenting Authoritarianism Th rough Rules About Rulemaking Kathryn E Kovacs 20. Non-fettering, Legitimate Expectations and Consistency of Policy: Separate Compartments or Single Principle? Shona Wilson Stark 21. The In-between Space of Administrative Justice: Reconciling Norms at the Front Lines of Social Assistance Agencies Jennifer Raso 22. A ‘Culture of Justification’? Police Interpretation and Application of the Human Rights Act 1998 Richard Martin

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Book Synopsis'[The] scholarship is consistently thorough and lucid, and absolutely reliable' European Public Law As reviews of the first edition attest, this book gives a unique critical and contextual insight into the Constitution of one the world’s most powerful countries. Its first edition was published in 2011, when Dmitrii Medvedev was Russia’s President. Since then there was a regime change in 2012 as Vladimir Putin returned to the presidency, and, significantly, dramatic shifts in constitutionality as Russia pursues a ‘return to traditional values’. The book explores the Constitution’s evolution over its nearly 30 years’ existence, including the significant amendments of 2020. This second edition situates these important changes in the context of Russia’s historical and legal development, as Putin continues to dominate the political scene. It also looks at broader constitutional questions on the interrelation between the main State agencies, the role of the courts, human rights and their enforcement.Trade ReviewThere is no better introduction to the constitutional infrastructure in Russia available in the English language than that produced by Henderson. -- William E Butler * The Journal of Comparative Law *Table of ContentsTable of Legislation Table of Conventions, Treaties etc Documents from the Communist Party of the Soviet Union 1. Introduction I. Whose Constitutionality? II. Overview of Russia III. The Cultural Approach to Law IV. Conclusion 2. Historical Background to the 1993 Constitution I. Introduction II. Before the Empire III. The Tsar as Emperor IV. End of Empire and Establishing Soviet Power V. Perestroika: A Time of Change VI. The USSR Disintegrates VII. Russian Developments VIII. Conclusion 3. Genesis and Overview of the 1993 Constitution of the Russian Federation: The Constitution’s Creation and General Schema I. Introduction II. The Genesis of the 1993 Constitution III. Overview of the Contents of the Constitution IV. Conclusion 4. The President I. Introduction II. The First Russian Presidency III. The Presidency under the 1993 Constitution IV. Presidential Powers V. Accountability VI. Conclusion 5. The Legislature: Legislation But Ineffective Representation? I. Introduction II. Establishing a Multi-party Legislature III. Law-Making by the Federal Assembly IV. The Federal Assembly’s Other Powers V. Reform Proposals VI. Conclusion 6. The Government and Other Agencies I. Introduction II. Establishing the Government III. Government Accountability IV. Regional Government V. Institutions Supporting Governance VI. Conclusion 7. Courts and Judges I. Introduction II. Russia’s Courts III. Judicial Independence IV. Conclusion 8. The Treatment of Rights I. Introduction II. Establishing Human Rights III. Russians’ Rights IV. Rights Enforcement V. Conclusion 9. Conclusion

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Book SynopsisDoes a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.Table of ContentsIntroduction Mavis Maclean (University of Oxford, UK) PART A BOUNDARIES 1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in Canada Rachel Treloar (Keele University, UK) 2. Co-operation: The Glue that Unites the Danish Family Justice System Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, the Netherlands) 3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the Netherlands Bregje Djksterhuis (University of Utrecht, the Netherlands) and Alexander Flos (VU University Amsterdam, the Netherlands) 4. Implementing Gender Equality as an Aim of the Swiss Family Justice System Michelle Cottier, (University of Geneva, Switzerland), Binda Sahdeva (University of Geneva, Switzerland), and Gaelle Aeby (University of Geneva, Switzerland) PART B PARTICIPANTS 5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees? Benoit Bastard (University of Paris-Saclay, France) 6. Family Matters in the Polish Court: Law and Public Opinion Malgorzata Fuszara (University of Warsaw, Poland) and Jacek Kurczewski (University of Warsaw, Poland) 7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health Crisis Teresa Picontó (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain) PART C INNOVATIVE PRACTICE 8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the Netherlands Masha Antokolskaia (VU University of Amsterdam, the Netherlands), Marit Buddenbaum (VU University of Amsterdam, the Netherlands), and Lieke Coenraad (VU University of Amsterdam, the Netherlands) 9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and Wales Jane Krishnadas (Keele University, UK) PART D MAJOR POLICY CHANGE 10. Developing Holistic and Inclusive Family Justice in Argentina Julieta Marotta (Maastricht University, the Netherlands) 11. Raising Questions on the Family Justice System in Turkey: An Ambivalent Fragmentation Verda Irtis (Galatasaray University, Turkey) 12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers? Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia) 13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute Resolution Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany) 14. What is a Family Justice System for? Concluding Observations and Next Steps Mavis Maclean (University of Oxford, UK)

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Book Synopsis‘A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.Trade ReviewA sensible and sensitive overview of schools, themes, problems and challenges when 'doing' comparative law. -- Maurice Adams, Tilburg University, the NetherlandsA delightful and fresh approach to the comparative study of law. -- Jans Smits, Maastricht University, the Netherlands[The book] is well written and provides the necessary information in an understandable form. -- Igor Hron * Comenius University *This is an excellent textbook... I found the book to be very detailed, informative and written in a very accessible way. -- Katarina Trimmings * University of Aberdeen *Professor Husa has written a remarkable book on this subject. Contemporary thinking is emphasised with a tip of the hat to the development of this area of law. What has been missing from many writings in this area is why students should study this topic and how it might be applied. Professor Husa has addressed modern thinking in comparative law, its methods and its applications together with acknowledging some of the difficulties of doing so, something others have skipped. An excellent introduction and text. -- Tony Meacham * Coventry University *Table of Contents1. Introduction 2. Comparative Law as a Discipline - A Short History 3. Comparative Law - Definitions and Distinctions 4. Comparative Law - One of the Legal Disciplines 5. Why Compare? 6. Basic Strategies in Comparison 7. Comparing - Differences and Similarities 8. Comparison - Obstacles and Difficulties 9. Macro-comparison 10. Legal Evolution? 11. Groupings, Classifications, Categories 12. Conclusion

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Book SynopsisAdam Tomkins is the John Millar Professor of Public Law at the University of Glasgow, UK.

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Book SynopsisExamines the discourse and developments surrounding privacy and data protection in the digital realm, featuring papers and discussions from the 2024 CPDP.ai international conference.

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Book Synopsis

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Book SynopsisIm Kontext der Wirtschaftskrise wird die Wichtigkeit einer verantwortungsvollen und nachhaltigen Unternehmensführung und -überwachung der börsennotierten Aktiengesellschaften in der politischen und rechtlichen Diskussion immer wieder betont. Im Vordergrund steht die Forderung nach krisenfesten Corporate Governance-Prinzipien und wirksamen Kontroll- und Sanktionsmechanismen, wobei stets auf die richtige Balance zwischen Selbstregulierung des Kapitalmarktes und gesetzlicher bzw. staatlicher Regulierung geachtet werden soll. Dabei spielen die nationalen Corporate Governance-Kodizes als soft law -Mechanismen eine zentrale Rolle. Chloé Lignier untersucht die Gemeinsamkeiten und Konvergenzen der Referenz-Kodizes in Deutschland und Frankreich und hinterfragt die Möglichkeit einer Rechtsangleichung bzw. Rechtsvereinheitlichung. Ferner befasst sie sich mit den de lege lata bestehenden Rechtswirkungen eines Verstoßes gegen die Entsprechenserklärung in den deutschen und französischen Rechtsordnungen. Schließlich werden die Perspektiven de lege ferenda dargestellt und vor allem die Frage der Sanktionswürdigkeit eines Verstoßes gegen die Entsprechenserklärung diskutiert.

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Book SynopsisUnter dem Schlagwort der "Materialisierung" wird diskutiert, wie materiellrechtliche Sonderwertungen zugunsten der schwächeren Partei auf den Zivilprozess Einfluss nehmen. Besonderes Augenmerk liegt hier auf verbraucherschützenden Regelungen im weiteren Sinne, welche die Privatautonomie einschränken. Im Erkenntnisverfahren hat dies zur Folge, dass ohne prozessuale Rechtfertigung von Verfahrensgrundsätzen des Zivilprozessrechts wie dem Grundsatz des Beklagtengerichtsstandes und der Parteiherrschaft abgewichen wird. Anhand des ehemaligen Abzahlungsrechts, des Verbraucherrechts, des Versicherungsrechts, des Wohnraummietrechts und des Fernunterrichtsrechts untersucht Friederike Jurczyk den Status quo und die Bedeutung dieser Entwicklung. Anschließend setzt sie diese in Relation zu Forderungen nach mehr Verbraucherschutz im Zivilprozess und Neuerungen im Recht der alternativen Streitbeilegung.

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Book SynopsisSince the founding of the Zionist movement until today, the question of the relationship between “church” and state in Israel remains unresolved, resulting in a continuous legal and social conflict among Israelis. The tension that arises from Judaism acting not only as a religion and culture but also as a national entity constitutionally underpinning an entire state—resulting in the “Jewish and democratic state” of Israel—manifests in major aspects of daily life for Israelis, such as marriage and divorce, conversion, and Shabbat. This book presents a crucial piece of scholarship in understanding the history and current dynamics of the relation between state and religion in Israel, and, in doing so, provides a unique perspective on the future potential solutions to this social rift. Trade Review“Judaism is a unique entity. It is a religion and a culture, but it is also a national entity. The State of Israel, the fulfillment of a dream of two millennia, when without a foothold in the promised land, Jewish continued existence depended on religious, spiritual, and intellectual values. But, how can this state, Jewish and democratic, relate to state and religion matters? … Shuki Friedman, in his concise but very informative, balanced, and well-organized book, surveys the issues systematically and describes the development of state and religion issues since the establishment of Israel.” — Justice Elyakim Rubinstein, from the preface“The book is a fascinating read for readers outside of Israel that may not understand the basics of, and the inherent complexities of how the government of Israel operates, its laws, and the many tensions between the secular and religious communities.”— Ben Rothke, The Times of IsraelTable of ContentsPersonal Introduction and Acknowledgments Introduction: Jewish and Democratic—On Church-State Relations in Israel 1. The Shaping of the Status Quo2. The Erosion of the Status Quo3. Religion and State: The Failed Attempts to Enact Arrangements4. Factors that Erode the Status Quo5. Religion and State: Is Legislation of Any Use?Conclusion: Separation of Religion and State?Index

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Book SynopsisTrade Review"Human dignity has a long history. It has been recognized in various religions and has served as the basis for a variety of philosophical outlooks. The essential nature of the concept is sharply debated. Some see it as a paramount constitutional value and a central constitutional right. Others see it as a concept void of any content and having no constitutional use. Against the background of these sharp disputes, Erin Daly's book comes as a breath of fresh air. It sets before the reader the broad comparative base; points out the key problems that arise; and outlines the principal lines of thought and their development. . . . It treats all of these matters comprehensively and clearly, making an important and original contribution." * From the Foreword by Aharon Barak *"Readers interested in how ideas of dignity have evolved in court cases will find this book illuminating. Erin Daly admirably succeeds in showing how courts have given concrete meaning to this unbounded concept in particular cases." * Rebecca Cook, University of Toronto *Table of ContentsForeword —Aharon Barak Introduction Chapter 1. "Of All Members of the Human Family" Chapter 2. "Not . . . a Mere Plaything" Chapter 3. "The Minimum Necessities of Life" Chapter 4. "Master of One's Fate" Chapter 5. "What Respect Is Due" Chapter 6. "The Beginning and the End of the State" Notes Index Acknowledgments

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Book SynopsisThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over constructioTable of ContentsChapter 1: Introduction Renato Nazzini; Part I: The Internationalisation of Construction Dispute Resolution; Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini; Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong; Part II: Artificial Intelligence: A Game Changer?; Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer; Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer; Part III: Good Faith and Collaborative Dispute Resolution; Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne; Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe; Chapter 8: Collaborative Dispute Resolution Shy Jackson; Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes; Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea; Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade; Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy; Part V: Statutory Construction Adjudication: A Global Perspective; Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance; Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt; Chapter 14: Statutory Adjudication in Singapore Toh Chen Han; Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell; Part VI: Contracting with the State in the 21st Century; Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi; Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell

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Book SynopsisDemocratic dysfunction can arise in both ''at risk'' and well-functioning constitutional systems. It can threaten a system''s responsiveness to both minority rights claims and majoritarian constitutional understandings. Responsive Judicial Review aims to counter this dysfunction using examples from both the global north and global south, including leading constitutional courts in the US, UK, Canada, India, South Africa, and Colombia, as well as select aspects of the constitutional jurisprudence of courts in Australia, Fiji, Hong Kong, and Korea.In this book, Dixon argues that courts should adopt a sufficiently ''dialogic'' approach to countering relevant democratic blockages and look for ways to increase the actual and perceived legitimacy of their decisionsthrough careful choices about their framing, and the timing and selection of cases. By orienting judicial choices about constitutional construction toward promoting democratic responsiveness, or toward countering forms of democratic monopoly, blind spots, and burdens of inertia, judicial review helps safeguard a constitutional system''s responsiveness to democratic majority understandings. The idea of ''responsive'' judicial review encourages courts to engage with their own distinct institutional position, and potential limits on their own capacity and legitimacy. Dixon further explores the ways that this translates into the embracing of a ''weakened'' approach to judicial finality, compared to the traditional US-model of judicial supremacy, as well as a nuanced approach to the making of judicial implications, a ''calibrated'' approach to judicial scrutiny or judgments about proportionality, and an embrace of ''weak strong'' rather than wholly weak or strong judicial remedies. Not all courts will be equally well-placed to engage in review of this kind, or successful at doing so. For responsive judicial review to succeed, it must be sensitive to context-specific limitations of this kind. Nevertheless, the idea of responsive judicial review is explicitly normative and aspirational: it aims to provide a blueprint for how courts should think about the practice of judicial review as they strive to promote and protect democratic constitutional values.Trade ReviewIn this masterful work, Rosalind Dixon returns judicial representation-reinforcement to center stage in our understanding of judicial review. Her theory of how judicial intervention can counteract democratic dysfunction is rooted in rich examples and a breadth and depth of comparative expertise that reflects her position as a leading scholar in the field. What makes this book of exceptional importance is its close attention to the opportunities and challenges in operationalizing responsive judicial review; Dixon speaks directly to judges in outlining how constitutional courts might function as democracy-protecting and democracy-promoting. In presenting a theory of judicial review alongside guidance for its implementation, Dixon reanimates our aspirations for courts as valued participants in achieving a society committed to democratic responsiveness. * Erin F. Delaney, Professor of Law, Northwestern University Pritzker School of Law *Comprehensive in its sweep, systematic in its analysis, and yet distinctive in its focus, Rosalind Dixon's insightful book is a major contribution to the growing comparative literature on political process approaches to constitutional review. * Stephen Gardbaum, Stephen Yeazell Endowed Chair in Law, UCLA *Professor Dixon has written a landmark book on the theory of judicial review. Using excellent examples drawn from around the world, she shows how courts should modulate their decision-making in response to legal, social, and political context. Her book will become the go-to resource for the field, on which all future work will build. * David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law *Table of Contents1: Introduction 2: Constitutions and Constructional Choice 3: Defining Democracy and Democratic Dysfunction 4: The Scope and Intensity of Responsive Judicial Review 5: Democratic Dysfunction and the Effectiveness of Responsive Review 6: Risks to Democracy: Reverse Inertia, Democratic Backlash, and Debilitation 7: Toward Strong-Weak DS Weak-Strong Judicial Review and Remedies 8: A Responsive Judicial Voice: Building a Court's Legitimacy 9: Conclusion: Towards a New Comparative Political Process Theory

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