Comparative law Books

Book SynopsisThis is the second edition of Professor Tushnet’s short critical introduction to the history and current meaning of the United States’ Constitution. It is organised around wo themes: first, the US Constitution is old, short, and difficult to amend. Second, the Constitution creates a structure of political opportunities that allows political actors, icluding political parties, to pursue the preferred policy goals even to the point of altering the very structure of politics. Deploying these themes to examine the structure f the national government, federalism, judicial review, and individual rights, the book provides basic information about, and deeper insights into, the way he US constitutional system has developed and what it means today.Trade Review...worthy of the highest recommendation for public and college library judicial studies shelves. * Midwest Book Review: Library Bookwatch *Table of ContentsINTRODUCTION 1. AN OVERVIEW OF THE HISTORY OF THE US CONSTITUTION From the Revolution to the Bill of Rights The Early National Period The Crisis over Slavery and the Civil War The Late Nineteenth Century and the Growth of the Modern State The New Deal Crisis and the New Constitutional Regime From the Reagan Revolution to the Present Conclusion Further Reading 2. THE CONSTITUTIONAL POLITICS OF THE LEGISLATIVE BRANCH Congress: Its Basic Structure and Roles The American Party System Political Parties and the Written Constitution Conduct of Elections Legislative Districting and Gerrymandering Candidate Selection and Gerrymandering Campaign Financing Constitutional Politics within Congress Conclusion Further Reading 3. THE CONSTITUTIONAL POLITICS OF THE EXECUTIVE BRANCH The President as Party Leader The President’s Role in Legislation The Unitary Executive and the Modern Administrative State The Unitary Executive in Foreign Affairs Conclusion Further Reading 4. THE CONSTITUTIONAL POLITICS OF THE JUDICIAL BRANCH Judicial Selection Judicial Review and Judicial Supremacy Political Constraints on the Jurisdiction of the Federal Courts Doctrinal Constraints on the Jurisdiction of the Federal Courts Standing Conclusion Further Reading 5. FEDERALISM AND THE REACH OF NATIONAL POWER State Governments and the US Constitution The Emergence of (Nearly) Plenary National Power The So-Called ‘Federalism Revolution’ of the 1990s and Beyond Federalism and the Spending Power Conclusion Further Reading 6. THE SUBSTANCE OF INDIVIDUAL RIGHTS UNDER THE CONSTITUTION The Starting Point Pragmatic and Realist Critiques The New Deal Reconstruction The Emergence of Modern Liberalism: Autonomy and Accommodation Lawyers and Rights Litigation: The Development of Support Structures Political Parties and Social Movements From Congress to the Courts: The Venues for Rights Protection The ‘Backlash’ Thesis Constitutional Rights in the Twenty-First Century Further Reading 7. THE PROCESSES OF CONSTITUTIONAL CHANGE Formal Amendments Substance Constitutional Interpretation as a Mechanism of Constitutional Change Interpretive Methods: An Introduction Conclusion Constitutional Moments and Constitutional Change Constitutional Moments Concluding Thoughts Further Reading

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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 is the long-awaited third edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively revised and updated to reflect the profound changes in corporate law and governance practices that have taken place since the previous edition. These include numerous regulatory changes following the financial crisis of 2007-09 and the changing landscape of governance, especially in the US, with the ever more central role of institutional investors as (active) owners of corporations. The geographic scope of the coverage has been broadened to include an important emerging economy, Brazil. In addition, the book now incorporates analysis of the burgeoning use of corporate law to protect the interests of external constituencies without any contractual relationship to a company, in an attempt to tackle broader social and economic problems. The authors start from the premise that corporations (or companies) in all jurisdictions share the same key legal attributes: legal personality, limited liability, delegated management, transferable shares, and investor ownership. Businesses using the corporate form give rise to three basic types of agency problems: those between managers and shareholders as a class; controlling shareholders and minority shareholders; and shareholders as a class and other corporate constituencies, such as corporate creditors and employees. After identifying the common set of legal strategies used to address these agency problems and discussing their interaction with enforcement institutions, The Anatomy of Corporate Law illustrates how a number of core jurisdictions around the world deploy such strategies. In so doing, the book highlights the many commonalities across jurisdictions and reflects on the reasons why they may differ on specific issues. The analysis covers the basic governance structure of the corporation, including the powers of the board of directors and the shareholder meeting, both when management and when a dominant shareholder is in control. It then analyses the role of corporate law in shaping labor relationships, protection of external stakeholders, relationships with creditors, related-party transactions, fundamental corporate actions such as mergers and charter amendments, takeovers, and the regulation of capital markets. The Anatomy of Corporate Law has established itself as the leading book in the field of comparative corporate law. Across the world, students and scholars at various stages in their careers, from undergraduate law students to well-established authorities in the field, routinely consult this book as a starting point for their inquiries.Table of Contents1: John Armour, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler: What is Corporate Law? 2: John Armour, Henry Hansmann, and Reinier Kraakman: Agency Problems and Legal Strategies 3: John Armour, Luca Enriques, Henry Hansmann, and Reinier Kraakman: The Basic Governance Structure: The Interests of Shareholders as a Class 4: Luca Enriques, Henry Hansmann, Reinier Kraakman, and Mariana Pargendler: The Basic Governance Structure: Minority Shareholders and Non-Shareholder Constituencies 5: John Armour, Gerard Hertig, and Hideki Kanda: Transactions with Creditors 6: Luca Enriques, Gerard Hertig, Hideki Kanda, and Mariana Pargendler: Related-Party Transactions 7: Edward Rock, Paul Davies, Hideki Kanda, Reinier Kraakman, and Wolf-Georg Ringe: Fundamental Changes 8: Paul Davies, Klaus Hopt, and Wolf-Georg Ringe: Control Transactions 9: Luca Enriques, Gerard Hertig, Reinier Kraakman, and Edward Rock: Corporate Law and Securities Markets 10: John Armour, Luca Enriques, Mariana Pargendler, and Wolf-Georg Ringe: Beyond the Anatomy

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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 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 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 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 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 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 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 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 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 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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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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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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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 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 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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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 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 SynopsisThis volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system.Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.Trade Review“Levine’s recently published two-volume work, Jewish Law and American Law: A Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law’s rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s] as [an] extraordinary exploration within the Jewish comparative law project.” —Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1 -- Michael A. Helfand * American Journal of Comparative Law *“Samuel Levine’s two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis.” —Eli Wald, JOTWELL -- Eli Wald * JOTWELL *“Levine has distinguished himself as one of the foremost scholars and teachers of Jewish law in the American legal academy. Perhaps most importantly, Levine has taken on the role of gatherer and keeper of all things Jewish law within the American law school universe. … Jewish Law and American Law is perhaps best viewed in this context, as a work that helpfully gathers some of the most important and useful studies of comparative Jewish and American law in one place, and provides a valuable resource for those interested and working in the field.”—Shlomo C. Pill, Emory University School of Law, Journal of Law and Religion * Journal of Law and Religion *“The recent two volume anthology of Professor Samuel J. Levine’s essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine’s rich body of comparative legal scholarship. … [Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it.” —Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law“Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine … on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine’s mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law. … Readers will find that these illuminating essays provide an in-depth account of the issues at hand.” —Marc Herman, H-Judaic“Levine’s work as a whole is laudable for the way in which he takes up the comparative task. … Levine’s essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them. … The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical.” —Marie A. Failinger, Mitchell Hamline School of Law, Touro Law ReviewTable of Contents Introduction Part One. The Comparative Study of Jewish Law and American Law: An Introduction 1.Teaching Jewish Law in American Law Schools: An Emerging Development in Law and Religion 2. Applying Jewish Legal Theory in the Context of American Law and Legal Scholarship: A Methodological Analysis 3. An Introduction to Interpretation in Jewish Law, with References to American Constitutional Theory 4. An Introduction to Legislation in Jewish Law, with References to the American Legal System Part Two. Capital Punishment 5. Capital Punishment in Jewish Law and Its Application to the American Legal System: A Conceptual Overview 6. Playing God: An Essay on Law, Philosophy, and American Capital Punishment Part Three. Self-Incrimination 7. An Introduction to Self-Incrimination in Jewish Law, with Application to the American Legal System: A Psychological and Philosophical Analysis 8. Miranda, Dickerson, and Jewish Legal Theory: The Constitutional Rule in a Comparative Analytical Framework Part Four. Constitutional Theory 9.Unenumerated Constitutional Rights and Unenumerated Biblical Obligations: A Preliminary Study in Comparative Hermeneutics 10. Rules and Standards in Jewish Law and American Constitutional Law 11. Of Inkblots and Omnisignificance: Conceptualizing Secondary and Symbolic Functions of the Ninth Amendment in a Comparative Hermeneutic Framework Part Five. Legal Practice 12. Reflections on the Practice of Law as a Religious Calling from a Perspective of Jewish Law and Ethics 13. A Look at American Legal Practice through a Perspective of Jewish Law, Ethics, and Tradition: A Conceptual Overview 14. Taking Ethics Codes Seriously: Broad Ethics Provisions and Unenumerated Ethical Obligations in a Comparative Hermeneutic Framework 15. Taking Prosecutorial Ethics Seriously: A Consideration of the Prosecutor's Ethical Obligation to “Seek Justice” in a Comparative Analytical Framework 16. Taking Ethical Obligations Seriously: A Look at American Codes of Professional Responsibility through a Perspective of Jewish Law and Ethics

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Book SynopsisThis volume contributes to the growing field of comparative Jewish and American law, presenting twenty-six essays characterized by a number of distinct features. The essays will appeal to legal scholars and, at the same time, will be accessible and of interest to a more general audience of intellectually curious readers. These contributions are faithful to Jewish law on its own terms, while applying comparative methods to offer fresh perspectives on complex issues in the Jewish legal system.Through careful comparative analysis, the essays also turn to Jewish law to provide insights into substantive and conceptual areas of the American legal system, particularly areas of American law that are complex, controversial, and unsettled.Trade Review“Levine’s recently published two-volume work, Jewish Law and American Law: A Comparative Study, is primarily a collection of his impressive contributions to the Jewish comparative project over the past three decades. A quick perusal of the two volumes serves as a ready reminder of why Levine has long been one of the academics central to Jewish law’s rise in the American legal academy. Covering his wide range of Jewish law writings, the two volumes traverse significant legal terrain, focusing on the areas of Levine’s primary scholarly emphasis. … For those interested in both Jewish law in particular, and religious law in general, [Jewish Law and American Law] serve[s] as [an] extraordinary exploration within the Jewish comparative law project.” —Michael A. Helfand, American Journal of Comparative Law, Vol. 67 No. 1 -- Michael A. Helfand * American Journal of Comparative Law *“Samuel Levine’s two-volume book, Jewish Law and American Law: A Comparative Study, makes an important contribution to comparative law studies of criminal and constitutional law (volume 1), and analyses of law and narrative, legal history and law and public policy (volume 2). Lawyers, law students, and scholars of the legal profession are likely to be particularly interested in Section Five of volume 1, consisting of five chapters comparing the Jewish and U.S. legal systems. In a concise and enlightening fashion, Professor Levine explores numerous legal profession topics, offering contextual insights and raising ideas for future analysis.” —Eli Wald, JOTWELL -- Eli Wald * JOTWELL *“The recent two volume anthology of Professor Samuel J. Levine’s essays, articles and lectures on the intersection of Jewish and American Law, entitled Jewish Law and American Law: A Comparative Study, rewards readers with a penetrating insight into Professor Levine’s rich body of comparative legal scholarship. … [Jewish Law and American Law] reveals a lifetime of scholarship impossible to satisfactorily distill or summarize thoroughly for potential readers. However, its introduction to key concepts in Jewish Law and its capacity to bring those concepts into conversation with substantive topics in American Constitutional Law and professional ethics, rewards the reader with insights into a legal tradition which is both deeply imbricated in the American one and a principled alternative to it.” —Jeffrey B. Meyers, Thompson Rivers University, Global Journal of Comparative Law“Jewish Law and American Law: A Comparative Study collects twenty-six essays by Samuel J. Levine … on an impressive array of topics that fall under the broad headings of the Jewish and American legal traditions and, frequently, the interrelationship between the two. Each chapter displays Levine’s mastery of both legal corpora, through clear arguments and copious documentation of primary sources and secondary literature in both Jewish and American law. … Readers will find that these illuminating essays provide an in-depth account of the issues at hand.” —Marc Herman, H-Judaic“Levine’s work as a whole is laudable for the way in which he takes up the comparative task. … Levine’s essays are fully accessible to readers who have no prior knowledge of Jewish law, yet he also does not attempt to translate complex terms into comparative American language or modes of thought that would obscure the complexity of the ideas behind them. … The book is well worth having on the bookshelf of anyone who wants to think about what we can learn from Jewish law, the ethos of Jewish life, or religious legal systems generally, that make our study of our own secular legal systems and culture more incisive and critical.” —Marie A. Failinger, Mitchell Hamline School of Law, Touro Law ReviewTable of Contents Part Six. Law and Narrative 17. Halacha and Aggada: Translating Robert Cover’s “Nomos and Narrative” 18. Professionalism without Parochialism: Julius Henry Cohen, Rabbi Nachman of Breslov, and the Stories of Two Sons Part Seven. Legal History 19. Lost in Translation: The Strange Journey of an Anti-Semitic Fabrication, from a Late Nineteenth Century Russian Newspaper to an Irish Legal Journal to a Leading Twentieth Century American Criminal Law Textbook 20. Louis Marshall, Julius Henry Cohen, Benjamin Cardozo, and the New York Emergency Rent Laws of 1920: A Case Study in the Role of Jewish Lawyers and Jewish Law in Early Twentieth-Century Public Interest Litigation 21. Jewish Law from out of the Depths: Tragic Choices in the Holocaust 22. Untold Stories of Goldman v. Weinberger: Religious Freedom Confronts Military Uniformity 23 Richard Posner Meets Reb Chaim of Brisk: A Comparative Study in the Founding of Intellectual Legal Movements Part Eight. Law and Public Policy 24. Reflections on Responsibilities in the Public Square through a Perspective of Jewish Tradition: A Brief Biblical Survey 25. Looking beyond the Mercy/Justice Dichotomy: Reflections on the Complementary Roles of Mercy and Justice in Jewish Law and Tradition Teshuva: A Look at Repentance, Forgiveness, and Atonement in Jewish Law and Philosophy and American Legal Thought

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Book SynopsisBeyond the Courtroom provides a compilation of articles and chapters by a dispute resolution scholar who has made remarkable contributions over his thirty-year career. Professor Abramson has focused his research and practice on parties trying to resolve their own disputes. This book includes publications that have contributed to launching the then new field of mediation representation with special attention on how attorneys, as gate keepers to mediation, can effectively represent clients. The book also includes his original publications that have contributed to the emerging field of intercultural and international mediation and the already robust and mature field of negotiations.Table of Contents About the Author Foreword 1. Introduction and Overview of the Three Parts Part I: Mediation Representation 2. Mediation Representation, Acknowledgements 3. Problem-Solving Advocacy in Mediations: A Model of Client Representation 4. Mediation Representation, Table of Contents and Introductory Chapter 5. Are Legal Disputes Just about Money? Answers from Mediators on the Front Line 6. Mediation Representation: Representing Clients Anywhere Part II: Intercultural and International Mediations 7A. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (A) 7B. International Dispute Resolution: Cross-Cultural Dimensions and Structuring Appropriate Processes (B) 8. Protocols for International Arbitrators Who Dare to Settle Cases 9. Mining Mediation Rules for Representation Opportunities and Obstacles 10. Selecting Mediators and Representing Clients in Cross-Cultural Disputes 11. Criteria for Approving Programs to Qualify Mediators for IMI Inter-Cultural Certification 12. Crossing Borders into New Ethical Territory: Ethical Challenges When Mediating Cross-Culturally 13. Outward Bound to Other Cultures: Seven Guidelines for U.S. Dispute Resolution Trainers Part III: Negotiations 14. Mediation Representation, 3rd Edition, Chapter 1, Negotiating in Mediations 15. Fashioning an Effective Negotiation Style: Choosing between Good Practices, Tactics and Tricks 16. Nelson Mandela as Negotiator: What Can We Learn from Him?

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Book SynopsisIn the State of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and an extensive legal tradition spanning many centuries and geographic locations. This book examines Israeli family law in comparison with the corresponding law in the United States and illuminates common issues in legal systems worldwide. The Israeli system is primarily controlled by the religious law of the parties. Thus, religious courts were also established and granted enforcement powers equivalent to those of the civil courts. This is a complex situation because the religious law applied in these courts is not always consistent with gender equality and civil rights practiced in civil court. This book seeks to clarify that tension and offer solutions. The comprehensive analysis in this book may serve as a guide for those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families themselves. Topics central to the book include issues subject to modification, the right of a minor to independent status, extramarital relationships, and joint property.Trade Review“This excellent book is not only about the unique family law in Israel, but also gives clarity to the bureaucratic quagmire of the American legal system… In the state of Israel, the unique family law derives from ancient Jewish law, halakhic traditions, and rabbinic legal reception history spanning millennia. This book brilliantly examines Israeli family law in comparison with the U.S. matrimonial laws and connects the dots in international legal systems. The Israeli system is primarily controlled by religious law and granted enforcement powers equivalent to those of the civil courts. This insightful book seeks to clarify the tension and offer solutions. It surely will guide those interested in family law: civil court judges, rabbinical court judges, lawyers, mediators, arbitrators, and families. Cohen exposes not only the weaknesses in Israeli law but other inequities in Western democracies, often with giving practical models to fix the flaws and overhaul dysfunctional procedures.”—David B Levy, Touro College LCW, NYC, AJL Reviews

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

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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 also covers the course requirements for students of constitutional law studying for the degree of LLM being offered by the universities in Pakistan.

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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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Book SynopsisThis thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for ''exponential inequalities'' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.Trade ReviewIt is an informative and meaningful read for students, scholars and policy makers who are seeking to address inequalities. * Shaid Parveen, Associate Dean for Enterprise and External Engagement and Senior Teaching Fellow, Aston University. *Table of ContentsDavid B. Oppenheimer: Foreword 1: Shreya Atrey and Sandra Fredman: Introduction - Exponential Inequalities: What Can Equality Law Do? I. UNDERSTANDING EXPONENTIAL INEQUALITIES 2: Aleta Sprague, Amy Raub, and Jody Heymann: Protecting Workers' Equal Rights During Crisis and Recovery: Constitutional Approaches in 193 Countries 3: Diane Elson and Marion Sharples: Addressing Intersecting Inequalities Through Alternative Economic Strategies 4: Aaron Reeves, Kate Andersen, Mary Reader, and Rosalie Warnock: Social Security, Exponential Inequalities, and COVID-19: How Welfare Reform in the UK Left Larger Families Exposed to the Scarring Effects of the Pandemic 5: Meghan Campbell: The Proportionality of an Economic Crisis 6: Kelley Loper: Intersecting Crises and Exponential Inequalities: The View from Hong Kong II. ADDRESSING EXPONENTIAL INEQUALITIES Section A: Comparative and International Law 7: Colm O'Cinneide: New Directions Needed: Exponential Inequalities and the Limits of Equality Law 8: Mark Bell: More than an Afterthought? Equality Law in Ireland During the Pandemic 9: Jessica A Clarke: A Public Policy Approach to Inequality 10: Beth Gaze: Responding to Exponential Inequalities in Australia: Beyond the Limits of Equality and Discrimination Law 11: Helena Alviar García: The Interaction of Laws Enabling Gender Equality with Other Legal Regimes: Limiting Progress in Times of Crisis 12: Catherine O'Regan: Equal Access to Vaccines: Exposing the Limits of International Human Rights Law? Section B: Vulnerable Groups 13: Alysia Blackham: A Life Course Approach to Addressing Exponential Inequalities: Age, Gender, and COVID-19 14: Anna Lawson and Lisa Waddington: Disability in Times of Emergency: Exponential Inequality and the Role of Reasonable Accommodation Duties 15: Jule Mulder: Remote Working, Working from Home and EU Sex-Discrimination Law 16: Marta Machado and Taís Penteado: COVID-19 and Exponential Reproductive Rights-related Inequalities in Brazil 17: Aparna Chandra: A Life of Contradictions: Group Inequality and Socio-Economic Rights in the Indian Constitution 18: Victoria Miyandazi: An Equality-Sensitive Approach to Delivering Socio-Economic Rights During Crises: A Focus on Kenya 19: Catherine Albertyn: The Role of Equality Law in Expanding Access to Social Goods and Services in South Africa: Lessons after the Pandemic

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Book SynopsisThe book provides an account of the uncertainty problem that arises in tort litigation. It examines the existing doctrinal solutions of the problem, as evolved in England, the US, Canada, and Israel, and also offers a number of original solutions. The book combines the traditional doctrinal depiction of the law with general theoretical insights.Trade Review... an exceptionally lucid, challenging and innovative book about an important legal topic ... succinct and excellently structured text ... Porat and Stein's admirable text is one so timely, well expressed and ambitious in its aim that no scholar working in the field can afford not to read it carefully and address its thesis with determination. * Modern Law Review, March 2003 *Table of ContentsIntroduction ; 1. Liability Under Uncertainty: Allocating the Risk of Error ; 2. The Tension Between the Burden of Proof and Tort Law Objectives ; 3. Res Ipsa Loquitur ; 4. Risk as Damage ; 5. Collective Liability ; 6. Liability Under Uncertainty: Making Evidential Damage Actionable ; 7. The Evidential Damage Doctrine: Applications and Evaluation

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Book SynopsisMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.Table of ContentsThilo Kuntz and Paul B. Miller: Introduction I - Methodology in Private Law Theory: General Perspectives 1: Marietta Auer: A Genealogy of Private Law Epistemologies 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law 3: Andrew S. Gold: When Private Law Theory is Close Enough 4: Felipe Jiménez: Understanding Private Law 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship 8: Nils Jansen: The Point of View of Doctrinal Legal Science 9: Paul B. Miller: Formalism, Legality, and the Rule of Law 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers III - Empirical, Philosophical, and Normative Approaches to Private Law Theory 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship 13: Lorenz Kähler: The Minimal Morality of Private Law 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights 15: Paul Krell: The Critical Potential of Doctrinal Analysis 16: Kevin Tobia: Private Law Theory from an Empirical Perspective

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Book SynopsisBringing together experts from across the world, this book analyses the impact of CJEU case law after the now invalidated Data Retention Directive. It provides a critical assessment of legal and policy developments, as well as reflections on the potential future for data retention regulation in the European Union and beyond.

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Book SynopsisFoundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.

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Book SynopsisThe Routledge Handbook of Comparative Territorial Autonomies affords a comprehensive, pioneering and interdisciplinary survey of this emerging field. Moving beyond traditionally narrower engagements with the subject, it combines approaches to comparative law and comparative politics to provide an authoritative guide to the principal theoretical and empirical topics in the area. Bringing together a team of cutting-edge scholars from different disciplines and continents, the volume illuminates the latest thinking and scholarship on comparative territorial autonomies.This Handbook is an authoritative, essential reference text for students, academics and researchers in its field. It will also be of key interest to those in the fields of comparative politics, comparative law, local/regional government, federalism, decentralisation and nationalism, as well as practitioners in think tanks, NGOs and international governmental organisations.Trade Review"At a moment when the nation-state is trying to both reassert itself and resist challenges to undermine it, this edited collection is timely. It offers a holistic assessment of the political, legal and social aspects of territorial autonomy, and a new and positive direction of scholarship that establishes a strong theoretical framework, effectively complemented by a diverse and rich range of case studies. It is an important work that should be read and used as a springboard for further inquiry."Peter Clegg, University of the West of England, UK"Eschewing the usual methodological nationalism, this Handbook combines comparative law and comparative politics approaches to present an original theoretical and conceptual framework and several engaging case studies of territorial autonomies. The volume nicely succeeds in providing a rich panoply of current debates and comparative information on all these specific political entities at the substate level. The Handbook will certainly promote an emerging research agenda and will be a worthwhile read for academics and researchers interested in the fields of regional government and nationalism and self-determination, but also for practitioners and decision-makers concerned with issues of diversity management and substate institution-building."César Colino, The National University of Distance Education, Spain"By addressing the key concepts and drawing on such a rich store of material, this original work will be a valuable resource for scholars of constitutional law and politics, federalism and the management of territorial diversity."Michael Keating, University of Aberdeen, UKTable of ContentsIntroduction, 1. What are Territorial Autonomies and Why the Handbook?, Part 1: Theories and approaches, 2. Constitutional Frameworks of Territorial Autonomies: Global Legal Observations, 3. Territorial Autonomies as a Form of Self-Determination: The Legal Right to Internal Self-Determination, 4. Territorial or Non-Territorial Autonomy: The Tools for Governing Diversity, 5. Autonomous Belonging: The Politics of Stateless Nationalism, 6. Societal Minorities and Legislatures in Territorial Autonomies: A Critical Introduction, 7. Electoral and Party Politics in Territorial Autonomies: Dynamics Between State and Peripheral Parties, Part 2: Case studies, 8. Åland Islands: 100 Years of Stability, 9. Aceh: Fading Autonomy, 10. Basques: History and Autonomy, 11. Catalonia: From Autonomy to Self-Determination, 12. Gibraltar: Democracy Without Decolonisation, 13. Greenland: Autonomy in the Arctic Region, 14. Guam: The Place Where America’s Day Begins, 15. Hong Kong: Autonomy in Crisis, 16. Jammu and Kashmir: Contested Autonomy, 17. Macao: Undemocratic Autonomy in Harmony, 18. Northern Ireland: A Place Apart?, 19. Quebec: From Autonomism to Sovereignism, and Back Again, 20. Scotland: A Distinct Political Community in the United Kingdom, 21. Sarawak: Quest for Autonomy, 22. Sabah: Autonomy and Integration within the Malaysian Federation, 23. South Tyrol: From Conflict to Consociationalism, 24. Tatarstan: A Landlocked Republic, Conclusion, 25. Rethinking Territorial Autonomies: Towards Transcontinental Comparative Political Studies

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Book SynopsisThis handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different typTable of Contents Subnational Constitutionalism: Defining subnational constitutions and self-constituent capacity Subnational Constitutionalism in Argentina: Provincial autonomy in a uninational federation Subnational Constitutionalism in Australia: State autonomy in a uninational federation Subnational Constitutionalism in Austria: The pluralisation of homogeneity Subnational constitutionalism in Belgium: A matter of abstained maturity Subnational Constitutionalism in Bosnia and Herzegovina: Towering sub-national autonomy and a loose clamp of the central level to all intents and purposes Subnational Constitutionalism in Brazil: The space of state constitutions for improving Brazilian federalism Subnational Constitutionalism in Canada: A hysteretic approach to distinctive constitutional identities Subnational Constitutionalism in Ethiopia: Constitutional déjà vu Subnational Constitutionalism in Germany: Constitutional autonomy, unitarian federalism, and intertwined policy-making Subnational Constitutionalism in India: Subnational constitutionalism or constitution within the constitution? Subnational Constitutionalism in Italy: Unfulfilled Expectations? Subnational Constitutionalism in Malaysia: Weak states in a strong federation Subnational Constitutionalism in Mexico: Medium state autonomy in a centralized federation Subnational Constitutionalism in South Africa: An empty promise Subnational constitutionalism in Spain: Confluence of wills in a basic institutional norm Subnational Constitutionalism in Switzerland: A sleeping beauty awaiting to be kissed Subnational Constitutionalism in the United Kingdom: Constitutional statutes within the context of an uncodified constitution Subnational Constitutionalism in the United States: Powerful states in a powerful federation Conclusion: Nine hypotheses to explain variation in subnational constitutional autonomy

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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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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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