Comparative law Books

Book SynopsisTrade Review‘”Direct democracy can only fulfill the promise of enhanced civic engagement and genuine democratic will-formation, if the direct-democratic instruments are well-constructed.” Anna Forgács brilliantly demonstrates this core truth about direct democratic mechanisms by focusing on referendum authorization procedures in a mindfully selected number of European states. The book fills a void and is bound to become a cornerstone of studies on the design and legal limits of direct democracy.’ -- Laurence Morel, University of Lille, France‘Who gets to decide whether a given proposal may be put to a popular vote? How should procedures for making that decision be designed? Based on a huge amount of data and a meticulous analysis of the intricacies of referendum authorization in various European states, this is the first work to address these questions in a systematic way. Highly impressive.’ -- Daniel Moeckli, University of Zurich, SwitzerlandTable of ContentsContents: 1. Introduction to Referendum Authorization Procedures in Europe 2. European trends in referendum authorization 3. The legal rules on referendums in the selected states 4. The nature of the referendum authorization procedure 5. Procedural guarantees in referendum authorization 6. Impartiality and independence of the decision-maker 7. Right to a reasoned decision 8. Right to be heard and other participation rights 9. Right to an effective remedy 10. Conclusions on referendum authorization procedures in Europe Bibliography Index

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Book SynopsisTrade Review‘This is an impressive book. To my mind, it's the most comprehensive look at approaches to dilution around the world. It will be a great resource for anyone wanting a deep understanding of the concept and its application in different jurisdictions. It will certainly have a place on my shelf.’ -- Mark P. McKenna, UCLA School of Law, US‘The work is a tour de force through the evolving law on Trademark Dilution. It provides valuable insights on the theory and practice of this developing area of trademark law globally through its in-depth treatment of the history, the statutory framework and the case law in key commercial countries by many of the leading practitioners in the field. It is an essential guide for today’s practitioners.’ -- Nadine H. Jacobson, Esq., Partner, Fross Zelnick Lehrman & Zissu, P.C., US‘Few know or have written more about the law of trademarks than Daniel Bereskin. Here he assembles a cast of well-known specialist lawyers and professors to discuss the law relating to trademark dilution and “free riding” across key jurisdictions in Europe, Asia, the Americas, Africa, Oceania, and the Middle East. Anyone seeking to understand this field better or needing practical guidance will find no better source than this highly readable comprehensive and authoritative work.’ -- David Vaver, University of Oxford, UK and Osgoode Hall Law School, CanadaTable of ContentsContents: Foreword xxxiii Preface xxxv Table of Cases xxxvii Table of Laws and Rules li PART I HISTORICAL OVERVIEW OF TRADEMARK DILUTION LAW 1 Overview of International Dilution Law 2 Daniel R. Bereskin 2 Historical Roots of European Dilution Law 10 Ilanah Fhima 3 The Evolution of Dilution Law in the United States from 1927 through 2006 (and a Few Months Beyond) 34 Jerre B. Swann PART II TRADEMARK DILUTION LAW THROUGHOUT THE WORLD 4 Argentina 87 Jorge Otamendi 5 Australia 103 Odette Gourley 6 Brazil 128 Peter Dirk Siemsen and Rafael Atab 7 Canada 143 Daniel R. Bereskin 8 Chile 164 Rodrigo Velasco S. 9 China 174 Xuemin Chen 10 Trademark Dilution in the European Union 188 Charles Gielen 11 India 227 Dev S. Gangjee 12 Israel 247 Neil Wilkof and Narda Ben-Zvi 13 Japan 263 Kenneth L. Port, Yoshiyuki Tamura and Mary LaFrance 14 Republic of Korea (Korea) 279 Cheon-Woo Son and Angela Kim 15 Mexico 290 Roberto Arochi 16 Singapore 308 Elizabeth V. Cardoza and Gladys Mirandah 17 South Africa 324 Wim Alberts and Owen Salmon 18 Switzerland 340 Patrick Troller and Gallus Joller 19 United States Jurisprudence Following the Enactment of the Trademark Dilution Revision Act of 2006 353 Theodore H. Davis Jr 20 Survey Evidence in U.S. Dilution Cases 417 Gerald L. Ford and AnnaBelle Sartore PART III TRADEMARK DILUTION LAW AND FREEDOM OF EXPRESSION 21 Unfair Advantage Law in the European Union 441 Ilanah Fhima and Sir Robin Jacob 22 Dilution and Freedom of Expression in Europe 467 Wolfgang Sakulin 23 The Impact of Freedom of Expression on Dilution Enforcement (and Vice Versa) in the United States 517 Anthony L. Fletcher and Kristen McCallion Index 542

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Book SynopsisThis book provides a practical introductory guide to comparative law. Fernanda G. Nicola and GÃnter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

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Book SynopsisTrade Review‘With a focus on US and German law, Aslani’s analysis of the legal protection of hashtags highlights persistent problems of doctrinal incoherence and inconsistency in two very different trade mark regimes. While providing scholarly rigor and depth, Hashtags and Trade Marks: A Comparative Legal Approach also offers practical solutions and a taxonomy of hashtag categories that will assist lawyers, judges, and administrative authorities dealing with real-world questions of registration and scope of protection for these unconventional marks. The implications of this multifaceted study could reach beyond the example of hashtags alone; as the opportunities afforded by digital technology exercise their profound influence on human relations in every sphere, the principles outlined in this book may well be applied to as-yet unimagined modes of future communication.’ -- Barbara Lauriat, Texas Tech University, US‘This is a must read for anyone who has an interest in hashtags and trademark law. A very timely, first-of-its kind publication, this insightful work covers three crucial jurisdictions, the US, the EU and Germany to unpack the underlying fundamental issues of freedom of expression, competition and trade mark protection in the current information space.’ -- Frederick Mostert, King’s College London, UKcTable of ContentsContents: PART I #SETTINGTHESTAGE: FOUNDATIONS, ANCESTRY AND TAXONOMY OF HASHTAGS 1 Introduction: hashtags as trade marks and trade marks as hashtags 2 Ancestry and uses of hashtags PART II NAVIGATING THE HASHTAG LEGAL LANDSCAPE: IN-DEPTH ANALYSIS 3 Registered rights and hashtags 4 Hashtag mark infringement 5 Defences/fair use PART III CLOSING ARGUMENTS: REACHING A CONCLUSION 6 Conclusion: addressing the conundrum of hashtag trade marks Index

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Book SynopsisTrade Review‘Comparative research is foundational for the understanding of foreign law and of one’s own law, for stimulating legal reform, for harmonizing laws. It may tackle entire legal orders or single issues. Moura Vicente chooses a middle course; in a systematic way he deals with the law of obligations (contracts, torts, restitution) covering a wide range of both common law and civil law systems. His international expertise witnessed by many comparative law publications in Portuguese, is now accessible to a broader community.’ -- Jürgen Basedow, Max Planck Institute for Foreign and International Private Law, GermanyTable of ContentsContents: I Introduction II Contracts III Unilateral legal transactions IV Non-contractual liability V Negotiorum gestio VI Unjust enrichment VII Main concepts of the Law of Obligations VIII The international harmonisation and unification of the Law of Obligations Index

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Book SynopsisUAS Integration into Civil Airspace: Policy, Regulations and Strategy Douglas M Marshall, TrueNorth Consulting LLC.Trade ReviewThe book is an excellent historical resource for anyone who wants to know how the current regulations and policies came to pass. And possibly also why we don’t have other rules enabling the industry. I believe that anyone in the commercial drone business and those in or contemplating Advanced Air Mobility and Urban Air Mobility (AAM/UAM) would benefit from reading this book. After reading, you will have an educated understanding of the future you are embarking on. --Patrick Egan, sUAS NewsThe book is easy to read, refreshingly so for such a complex subject and is accessible to all readers, even without a detailed technical knowledge. It is a useful reference for everyone in the industry, including regulators who will inevitably determine the pace of adoption of UAS in civil airspace. Most of the world’s aviation authorities, service providers and regulators have engaged in intense efforts since the early 2000s to establish methods and safety protocols to integrate UAS into complex and increasingly busy controlled and uncontrolled airspace. This book provides an excellent oversight of international progress, along with ICAO’s oversight and direction of co-ordinating rules and, in my view is the ‘go-to’ book for UAS operations and by far the best introduction on the subject available to date. --Richard Deakin, FRAeS, AEROSPACETable of ContentsPreface xi Aerospace Series Preface xvii Acknowledgements xix List of Acronyms and Abbreviations xxi 1 Background 1 Introduction 1 Setting the Stage for Integration of Remotely Piloted Aircraft into Non-segregated Airspace 2 The Law of the Sea and the Law of the Air 2 A Brief History of Aviation Regulations 3 International Civil Aviation Regulations 4 The Chicago Convention and the International Civil Aviation Organization 6 Conclusion 9 References 9 2 UAS Airspace Integration in the European Union 11 Regulations, Opinions, Decisions 11 Implementing Organizations 39 Eurocontrol 60 Conclusion 66 References 66 3 ICAO 69 ICAO Model UAS Regulations 69 Advisory Circulars 70 DRAFT Canada AC 922-001, RPAS Safety Assurance 71 UTM Guidance 71 ICAO RPAS Concept of Operations 75 ICAO U-AID Guidance 80 The ICAO UAS Toolkit 81 RPAS Manual (Doc.) 10019 1st Edition 82 Conclusion 86 References 86 4 UAS Airspace Integration in the United States 87 The FAA Modernization and Reform Act of 2012 (Hereafter FMRA), Public Law 112-95, Title III – Safety, Subtitle B – Unmanned Aircraft Systems 88 The FAA Extension, Safety, and Security Act of 2016 Title II, Subtitle B-UAS Safety (Pub. L. 114-190) 91 The FAA Reauthorization Act of 2018 (Pub. L. 115-254) 92 The Response from the FAA and NASA 96 Status of UTM Today 104 UTM Vision 104 Participation 109 Performance Authorizations 109 Airspace Authorization 110 Recent Developments in UAM/AAM 110 Conclusion 111 References 111 5 Global Airspace Integration Activities 113 Australia 113 Brazil 115 Canada 116 China 117 France 119 Germany 120 Ireland 121 Italy 122 Japan 123 Mexico 124 Netherlands 124 New Zealand 125 Norway 125 Singapore 126 South Africa 127 Sweden 128 United Kingdom 129 Conclusion 130 References 131 6 The Role of Standards 133 Conclusion 141 References 142 7 The Technology 143 Conclusion 150 References 152 8 Cybersecurity and Cyber Resilience 153 Describing the Threat 155 ICAO 157 IATF 157 Global Resilient Aviation Network Concept of Operations – Trust Framework 162 ICAO Council and Assembly Documents 166 Declaration on Cybersecurity in Civil Aviation (Dubai, 2017) 166 Conclusion 172 References 173 Index 175

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Book SynopsisThis handbook combines the latest theory on a high-profile, complex subject in criminology, exploring the legal and ethical dimensions of society s response to sex offenders in jurisdictions from the USA to Japan.Trade Review“...the book is an important collection of thought-provoking essays that stimulate and challenge policy makers, academics and practice-based readers.” (The Howard Journal of Criminal Justice, 5 January 2015) “This comprehensive collection of chapters from a stellar cast of contributors clearly fills a gap in the literature and brings together some genuinely international thinking . “ (Prison Service Journal, 1 July 2013) Table of ContentsAbout the Contributors ix Preface xvi Abbreviations xxiv Part One Treating and Managing Sexual Offender Risk in Context: Legal and Ethical Concerns 1 1 Sexual Offenses, Law and Morals: Can Behavior and Attitudes Be Changed by Legal and Moral Efforts? 3Knut Hermstad 2 Human Rights and Sexual Offenders 18Bernadette Rainey 3 Sex Offenders, Consent to Treatment and the Politics of Risk 38Phil Fennell 4 Special Offender Groups and Equality: A Duty to Treat Differently? 63Bernadette Rainey 5 Expert Evidence, Ethics and the Law 82Tony Ward 6 Ethical Issues in Sex Offender Research 97Tony Ward and Gwenda Willis 7 Reintegrative and Disintegrative Shaming: Legal and Ethical Issues 113Anne-Marie McAlinden 8 “Castrate ‘Em!”: Treatments, Cures and Ethical Considerations in UK Press Coverage of “Chemical Castration” 129Peter Brown 9 Sentencing Sex Offenders: An International Comparison of Sentencing Policy and Legislation 150Karen Harrison 10 Sentencing and Crime Policy for Sex Offenders in Japan: The Possible Impact of the Lay Judge System 168Mari Hirayama 11 Unique Disadvantages, Unique Needs: Native American Sex Offenders 180Nora V. Demleitner 12 Mandated Reporting Laws: Experiences from Israel 201Sheri Oz Part Two Legal and Ethical Issues in Risk Treatment 217 13 Treatment for Adult Sex Offenders: May We Reject the Null Hypothesis? 219Marnie E. Rice and Grant T. Harris 14 Ethical Issues in Treating Sexual Offenders: Applying Empirically Based Process Features of Treatment Delivery 236W.L. Marshall and L.E. Marshall 15 A Forensic Psychologist’s Involvement in Working with Sex Offenders 251Daniel T. Wilcox 16 Punishment and the Rehabilitation of Sex Offenders: An Ethical Maelstrom 271Tony Ward and Chelsea Rose 17 Distinguishing Moral and Clinical Decisions in Sex Offender Programs: The Good Lives Model and Virtue Ethics 287Bill Glaser 18 Pharmacological Treatment of Sexual Offenders and Its Legal and Ethical Aspects 302Raphaela Basdekis-Jozsa, Daniel Turner and Peer Briken 19 Female Sexual Offenders: The Need for a Gender-Responsive Approach 321Sherry Ashfield, Sheila Brotherston, Hilary Eldridge and Ian Elliott Part Three Legal and Ethical Issues in Risk Management 339 20 A Convergent Approach to Sex Offender Risk Assessment 341Jeffrey C. Singer, Douglas P. Boer and Martin Rettenberger 21 Sex Offender Registration in the United States and the United Kingdom: Emerging Legal and Ethical Debates 356Terry Thomas 22 A More Ethical Way of Working: Circles of Support and Accountability 372Stephen Hanvey and Mechtild Höing 23 Ethical Practice and the Use of the Polygraph in Working with Sex Offenders 388Daniel T. Wilcox 24 Sex Offender Civil Commitment: Legal and Ethical Issues 406Rebecca L. Jackson and Christmas N. Covell 25 Sex Offender Residence Restrictions: A Systematic Review of the Literature 424Daniel Pacheco and J.C. Barnes 26 The Traveling Sex Offender: Monitoring Movements across International Borders 445Terry Thomas 27 Hell is Other People: The Importance of Controlling Pedophilic Activity 462Xanthè Mallett and Jann Karp Index 479

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Book SynopsisThis volume provides an international perspective on parental leave policies in different countries, goes beyond this to examine a range of issues in depth, and aims to stimulate thinking about possible futures and how policy might underpin them.Trade Review“This is the finest collection on the topic of parental leave and related concepts available, provoking us to think beyond the realm of current policies and to construct more equitable and effective policies.” Marian Baird, University of SydneyTable of Contents1. Introduction: much work still to do ~ Ann-Zofie Duvander, Alison Koslowski and Peter Moss; Part I: Recent developments and the politics of leave policy; 2. Spain: leave policy in times of economic crisis ~ Gerardo Meil, Jesús Rogero-García and Pedro Romero-Balsas; 3. Poland: leave policy and the process and goals of a major reform ~ Anna Kurowska; 4. United Kingdom: leave policy and an attempt to take a new path ~ Peter Moss and Margaret O’Brien; 5. Israel: leave policy, familialism and the neoliberal welfare state~Nadav Perez-Vaisvidovsky; 6. Japan: leave policy and attempts to increase fathers’ take-up~Hideki Nakazato; 7. China: leave and population policies ~ Shirley Gatenio Gabel, Wen-Jui Han and Xiaoran Wang; 8. Mexico: leave policy, co-responsibility in childcare and informal employment~ Cándido Pérez-Hernández and Anna Escobedo; 9. United States: leave policy, failure and potential ~ Gayle Kaufman; Part II: Some current issues in leave policy; 10. What do people want? Leave policy preferences in different countries ~ Isabel Valarino; 11. Gender equality: Parental Leave design and evaluating its effects on fathers’ participation ~ Ann-Zofie Duvander, Guðny Björk Eydal, Berit 12. Brandth, Ingólfur V. Gíslason, Johanna Lammi-Taskula and Tine Rostgaard; 12. Flexibility: some consequences for fathers’ caregiving ~ Berit Brandth and Elin Kvande 13. The workplace: challenges for fathers and their use of leave ~ Valérie Harvey and Diane-Gabrielle Tremblay; 14. Care-work policies: conceptualising leave within a broader framework ~ Sara Mazzucchelli, Luca Pesenti and M.Letizia Bosoni; 15. A social right? Access to leave and its relation to parents’ labour market position ~ Ivana Dobroti? and Sonja Blum; Part III: Future directions for leave policy; 16. Universal Basic Income: what could it mean for gender equality in care work? ~ Alison Koslowski; 17. The time credit system: the panacea for a life course approach? ~ Laura Merla and Fred Deven; 18. Towards a multi-active society: daring to imagine a new work-life regime ~ Bernard Fusulier and Chantal Nicole-Drancourt; 19. Reimagining Parental Leave: a conceptual `thought experiment’ ~Andrea Doucet, Lindsey McKay and Sophie Mathieu; 20. Parental Leave and beyond: recent developments, current issues, future directions ~ Ann-Zofie Duvander, Alison Koslowski and Peter Moss.

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Book SynopsisThis volume provides an international perspective on parental leave policies in different countries, goes beyond this to examine a range of issues in depth, and aims to stimulate thinking about possible futures and how policy might underpin them.Table of Contents1. Introduction: much work still to do ~ Ann-Zofie Duvander, Alison Koslowski and Peter Moss; Part I: Recent developments and the politics of leave policy; 2. Spain: leave policy in times of economic crisis ~ Gerardo Meil, Jesús Rogero-García and Pedro Romero-Balsas; 3. Poland: leave policy and the process and goals of a major reform ~ Anna Kurowska; 4. United Kingdom: leave policy and an attempt to take a new path ~ Peter Moss and Margaret O’Brien; 5. Israel: leave policy, familialism and the neoliberal welfare state~Nadav Perez-Vaisvidovsky; 6. Japan: leave policy and attempts to increase fathers’ take-up~Hideki Nakazato; 7. China: leave and population policies ~ Shirley Gatenio Gabel, Wen-Jui Han and Xiaoran Wang; 8. Mexico: leave policy, co-responsibility in childcare and informal employment~ Cándido Pérez-Hernández and Anna Escobedo; 9. United States: leave policy, failure and potential ~ Gayle Kaufman; Part II: Some current issues in leave policy; 10. What do people want? Leave policy preferences in different countries ~ Isabel Valarino; 11. Gender equality: Parental Leave design and evaluating its effects on fathers’ participation ~ Ann-Zofie Duvander, Guðný Björk Eydal, Berit 12. Brandth, Ingólfur V. Gíslason, Johanna Lammi-Taskula and Tine Rostgaard; 12. Flexibility: some consequences for fathers’ caregiving ~ Berit Brandth and Elin Kvande 13. The workplace: challenges for fathers and their use of leave ~ Valérie Harvey and Diane-Gabrielle Tremblay; 14. Care-work policies: conceptualising leave within a broader framework ~ Sara Mazzucchelli, Luca Pesenti and M.Letizia Bosoni; 15. A social right? Access to leave and its relation to parents’ labour market position ~ Ivana Dobrotić and Sonja Blum; Part III: Future directions for leave policy; 16. Universal Basic Income: what could it mean for gender equality in care work? ~ Alison Koslowski; 17. The time credit system: the panacea for a life course approach? ~ Laura Merla and Fred Deven; 18. Towards a multi-active society: daring to imagine a new work-life regime ~ Bernard Fusulier and Chantal Nicole-Drancourt; 19. Reimagining Parental Leave: a conceptual ‘thought experiment’ ~Andrea Doucet, Lindsey McKay and Sophie Mathieu; 20. Parental Leave and beyond: recent developments, current issues, future directions ~ Ann-Zofie Duvander, Alison Koslowski and Peter Moss.

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Book SynopsisAs the state comes to play a larger role in the community the question of the extent to which government is subject to the general law of the land assumes increasing importance. This book examines the limits of two related forms of state immunity: crown or governmental immunity from statue and intergovernmental immunity. The first results from the rule of statutory construction that the crown, representing the executive government, is not bound by legislation except by express words or necessary implication. The second is of a constitutional order and provides a degree of freedom to each level of authority in a federal system from the laws of the other level of authority.The author considers, in separate chapters, the effect which statues can have upon a government when it confronts the legal system in tort proceedings, in criminal actions, as a party to a contract, as a creditor, and as a potential taxpayer. Some of the particular questions that are canvassed are as follows: can t

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Book SynopsisThis is the third edition of a comparative analysis of the constitution of the United Kingdom, the Commonwealth, and the United States, giving particular attention to the effect of judicial interpretation of legislation in each of these countries. Professor McWhinney has added a new Preface and a new final chapter on “Judicial Policymaking in an Era of Revolution.” To his task Professor McWhinney brings a wide experience as teacher, lawyer, and consultant in some of these countries, and further experience in teacher and research supervisor for a number of years to students from all the countries covered by the survey.There are of course, many works that deal with judicial review in Canada, Australia, and the United States. Professor McWhinney’s distinctive contribution lies in his application of the comparative method to all the Commonwealth constitutions, and his extensive use of analogies and comparisons with the experience of the United States. He explor

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Book SynopsisThis collection of "cases and materials" is one version of what is commonly called a "casebook" and is intended as a teaching aid in a process commonly called teaching by the "case method." It is first of all a portable library. It consists of extensively reproduced reports of law suits usually in the higher courts, but sometimes in the trial court. There are some less extensive excerpts. And there are some excerpts that can best be described as notes of reports. The word "materials" covers these lesser excerpts, but it also covers a variety of other "legal" things, sections of statutes, clauses from contracts, text notes, and questions and problems.

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Book SynopsisIn response to the general crisis in law and society in contemporary western and communist nations alike, and to the need for new relations between man and the state, Professor McWhinney presents a comparative study of constitutions and constitution-making. This book begins with a discussion of constitutional government in western societies – the United States, France, Germany, and Great Britain – the challenges it faces, its philosophy, and its practice. It then draws comparisons to major non-western societies such as Japan and India and to the major powers of the communist world – the Soviet Union and China. McWhinney discusses in detail the essential aspects of constitution-making – when, why, and by whom it is done, as well as the art of drafting a constitution. He presents the various options: presidential executive or government by assembly, centralization or decentralization, the rule of law and emergency powers, the open society and affirmati

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Book SynopsisThrough the lenses of comparative and critical rhetoric, this book theorizes how alternative approaches to communication can transform legal meanings and legal outcomes, infusing them with more inclusive participation, equity and justice. Viewing legal language through a radical lens, the book sets aside longstanding norms that derive from White and Euro-centric approaches in order to re-situate legal methods as products of new rhetorical models that come from diasporic and non-Western cultures. The book urges readers to re-consider how they think about logic and rhetoric and to consider other ways of building knowledge that can heal the law’s current structures that often perpetuate and reinforce systems of privilege and power.Table of ContentsIntroduction Chapter 1: What’s Wrong with Aristotle? Chapter 2: Problematizing Aristotle: Renovating and Remodeling Traditional Legal Rhetoric Chapter 3: Shifting the Focus from the West Chapter 4: Multicultural Rhetorics Chapter 5: Reproducing the Canon, Reproducing Inequity (Traditional Rhetoric) Chapter 6: Interrupting the Canon Chapter 7: Disrupting the Canon: Multicultural Rhetorical Strategies in Action

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Book SynopsisEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. TopoTrade Review'A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.' --Kazuo Seguno, President, Japan Institute for Labour Policy and Training'This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers' representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.' --Sir Bob Hepple, QC, FBA, University of Cambridge, UKTable of ContentsContents: Introduction to the Comparative Labor Law Handbook Guy Mundlak and Matthew Finkin PART I COMPARING LABOR LAW 1. The Rich Panoply of Sources of Labor Law: National, Regional and International Marilyn J. Pittard and Stuart Butterworth 2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures? Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa 3. The Challenge to Comparative Labor Law in a Globalized Era Kerry Rittich and Guy Mundlak PART II THEMATIC COMPARISONS 4. The Subjects of Labor Law: “Employees” and Other Workers Guy Davidov, Mark Freedland and Nicola Kountouris 5. Who is an Employer? Luisa Corazza and Orsola Razzolini 6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno 7. Legal Protection for Employee Mobility Alan Hyde and Emanuele Menegatti 8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union Kevin Banks, Roberta Nunin and Adriana Topo 9. Job Loss Joanna Howe, Esther Sanchez and Andrew Stewart 10. Freedom of Association Alan Bogg and K.D. Ewing 11. Employee Voice Outside Collective Bargaining Monika Schlachter and Achim Seifert PART III REGIONAL COMPARISONS 12. European Union Labour Law and the European Social Model: A Critical Appraisal Frank Hendrickx and Stefano Giubboni 13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe Erika Kovács, Nikita Lyutov and Leszek Mitrus 14. Building BRICS of Success? Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran Index

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Book SynopsisComparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. TushnetTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION 2. Participation in Constitutional Design: Asian Exceptionalism Justin Blount and Tom Ginsburg 3. Constitutional Courts in East Asia Tom Ginsburg 4. Judicial Engagement Cheryl Saunders 5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon PART II: CONSTITUTIONAL STRUCTURE 6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective José Antonio Cheibub and Fernando Limongi 7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry 8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj PART III: CONSTITUTIONAL RIGHTS 9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark 10. The Right to Property in Asia Tom Allen 11. Equality in Asia Kate O’Regan and Madhav Khosla 12. Comparative Constitutional Law and Religion in Asia Ran Hirschl Index

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Book Synopsis'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.'- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.'- Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. VerbruggenTrade Review‘The book is a very worthwhile compendium of analysis of different aspects of the issue. It will be useful to persons in government, universities, associations and legal practice who are involved in reflecting upon the soundness of a transnational private regulation regime, and enable them to develop a framework of analysis, evaluate best practices and engage in comparative studies.’ -- Peter Glossop, International Trade Law and Regulation‘As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.’ -- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’ -- Samuel Issacharoff, New York University, School of Law, USTable of ContentsContents: Preface Introduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance Design Fabrizio Cafaggi PART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE 1. Enforcement of Transnational Public Regulation Richard Stewart 2. Enforcing Transnational Private Regulation: Models and Patterns Fabrizio Cafaggi 3. National Courts and Transnational Private Regulation Eyal Benvenisti and George W. Downs 4. Non-judicial Enforcement of Transnational Private Regulation Colin Scott PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION 5. Judicial Models of International Law Enforcement Francesco Francioni 6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’ Ernst-Ulrich Petersmann PART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS 7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form Kevin E. Davis 8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement? Cynthia Estlund 9. Financial Private Regulation and Enforcement Geoffrey P. Miller 10. Transnational Private Regulation of the Internet: Different Models of Enforcement Federica Casarosa 11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness Paul Verbruggen PART IV: CONCLUSION 12. The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis Index

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Book Synopsis'As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.'- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands 'Globalization pushes the boundaries of markets. Alongside the greater ''goods'' of transnational economic activity come the ''bads'' of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority - the superstates of a brave new world - but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.'- Samuel Issacharoff, New York University, School of Law, US This book addresses the different mechanisms of enforcement deployed in transnational private regimes vis-a-vis those in the field of public transnational law. Enforcement represents a key dimension in measuring the effectiveness and legitimacy of transnational private regulation. This detailed book shifts the focus from rule-making to enforcement and compliance, and moves from a vertical analysis to a comparative sectoral analysis. Both public and private transnational regulation fall under the scrutiny of the authors, and the book considers the effectiveness of judicial models of enforcement - under international law and through national courts - and of non-judicial means. Comparisons are drawn across sectors including international commercial law, labor law, finance, Internet regulation and advertising. Enforcement of Transnational Regulation will appeal to scholars of both private and public law, regulation and comparative law. It will also prove a stimulating and challenging read for policy makers and law makers. Contributors: E. Benvenisti, F. Cafaggi, F. Casarosa, S. Cassese, E. D'Alterio, K.E. Davis, M. De Bellis, G.W. Downs, C. Estlund, F. Francioni, G.P. Miller, E.-U. Petersmann, C. Scott, R. Stewart, P. VerbruggenTrade Review‘The book is a very worthwhile compendium of analysis of different aspects of the issue. It will be useful to persons in government, universities, associations and legal practice who are involved in reflecting upon the soundness of a transnational private regulation regime, and enable them to develop a framework of analysis, evaluate best practices and engage in comparative studies.’ -- Peter Glossop, International Trade Law and Regulation‘As business spreads across the world, but jurisdictions remain essentially national, means must be found whereby business may effectively regulate itself and be regulated for public benefit. This important book addresses these issues, at theoretical and practical levels, explaining important sectoral examples and with deeper analysis. It is both timely and important, and provokes ideas for actions that should be taken at both transnational and national levels. The range of issues covered is rich and impressive.’ -- Christopher Hodges, Oxford University, UK and Erasmus University, Rotterdam, The Netherlands‘Globalization pushes the boundaries of markets. Alongside the greater “goods” of transnational economic activity come the “bads” of unregulated conduct. This important book looks to the new frontiers of legal intervention to make sure that global markets do not run riot over important public values. The signal contribution is not the search for ever higher levels of transnational authority – the superstates of a brave new world – but empowering numerous private actors to enforce legal norms in our fast-changing economic environment.’ -- Samuel Issacharoff, New York University, School of Law, USTable of ContentsContents: Preface Introduction: The Transformation of Transnational Private Regulation: Enforcement Gaps and Governance Design Fabrizio Cafaggi PART I: RETHINKING THE PUBLIC–PRIVATE DIVIDE 1. Enforcement of Transnational Public Regulation Richard Stewart 2. Enforcing Transnational Private Regulation: Models and Patterns Fabrizio Cafaggi 3. National Courts and Transnational Private Regulation Eyal Benvenisti and George W. Downs 4. Non-judicial Enforcement of Transnational Private Regulation Colin Scott PART II: JUDICIAL ENFORCEMENT OF TRANSNATIONAL PUBLIC REGULATION 5. Judicial Models of International Law Enforcement Francesco Francioni 6. Multilevel Judicial Protection of ‘Rule of Law’ in Transnational Regulation Requires ‘Struggles for Justice’ Ernst-Ulrich Petersmann PART III: TRANSNATIONAL PRIVATE REGIMES: CONTRASTING JUDICIAL AND NON-JUDICIAL ENFORCEMENT ACROSS SECTORS 7. Privatizing the Adjudication of International Commercial Disputes: The Relevance of Organizational Form Kevin E. Davis 8. Enforcement of Private Transnational Labor Regulation: A New Frontier in the Anti-Sweatshop Movement? Cynthia Estlund 9. Financial Private Regulation and Enforcement Geoffrey P. Miller 10. Transnational Private Regulation of the Internet: Different Models of Enforcement Federica Casarosa 11. Enforcement of Transnational Private Regulation of Advertising Practices: Decentralization, Mechanisms and Procedural Fairness Paul Verbruggen PART IV: CONCLUSION 12. The Enforcement of Transnational Private Regulation: A Fictitious Oxymoron Sabino Cassese, Elisa D’Alterio and Maurizia De Bellis Index

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Book SynopsisComprising an array of distinguished contributors, this pioneering volume of original contributions explores theoretical and empirical issues in comparative law. The innovative, interpretive approach found here combines explorative scholarship and research with thoughtful, qualitative critiques of the field. The book promotes a deeper appreciation of classical theories and offers new ways to re-orient the study of legal transplants and transnational codes. Methods of Comparative Law brings to bear new thinking on topics including: the mutual relationship between space and law; the plot that structures legal narratives, identities and judicial interpretations; a strategic approach to legal decision making; and the inner potentialities of the 'comparative law and economics' approach to the field. Together, the contributors reassess the scientific understanding of comparative methodologies in the field of law in order to provide both critical insights into the traditional literature and an original overview of the most recent and purposive trends. A welcome addition to the lively field of comparative law, Methods of Comparative Law will appeal to students and scholars of law, comparative law and economics. Judges and practitioners will also find much of interest here. Contributors: M. Andenas, S. Benedettini, C. Costantini, D. Fairgrieve, G. Frankenberg, J. Gaakeer, S. Glanert, P. Goodrich, J. Gordley, C. Lei, B. Luppi, A.L. Marasco, S. McEvoy, P.G. Monateri, H. Muir Watt, A. Nicita, F. Parisi, G. Samuel, G. WattTrade Review‘Extensively footnoted throughout, the book takes its place as part of Elgar’s Research Handbooks in Comparative Law series - the first of its kind, apparently, to cover such a broad range of comparative law issues. The orientation is global; the approach scholarly. This is a book which will no doubt interest the worldwide community of law academics and academic lawyers. Offering up some of the latest thinking on this subject, it contains much food for thought.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction Pier Giuseppe Monateri PART I: WHY ‘METHODS’? AN INTELLECTUAL PROJECT ON THE MULTILAYER STRUCTURE OF LEGAL COMPARATIVISM 1. Methods in Comparative Law: An Intellectual Overview Pier Giuseppe Monateri 2. Intent on Making Mischief: Seven Ways of Using Comparative Law Mads Andenas and Duncan Fairgrieve 3. Method? Simone Glanert 4. Comparison as Deep Appreciation Gary Watt PART II: REVISITING CLASSICAL THEORIES AND PERSPECTIVES ON COMPARATIVE LEGAL METHODOLOGIES: A CRITICAL GLANCE 5. The Functional Method James Gordley 6. How to do Projects with Comparative Law: Notes of an Expedition to the Common Core Günter Frankenberg 7. Descriptive and Purposive Categories of Comparative Law Sebastian McEvoy PART III: LEGAL TRANSPLANTS AND TRANSNATIONAL CODES: QUESTIONING ON CULTURAL BIASES AND SCIENTIFIC STATEMENTS 8. All that Heaven Allows: Are Transnational Codes a ‘Scientific Truth’ or Are They Just a Form of Elegant ‘Pastiche’? Geoffrey Samuel 9. Contextualizing Legal Transplant: China and Hong Kong Chen Lei PART IV: SPACE, BOUNDARIES AND JURISDICTIONS: THE CHOREOGRAPHIC SPECTRALITY OF LAW 10. Interstitium and Non-law Peter Goodrich 11. The Iconicity of Space: Comparative Law and the Geopolitics of Jurisdictions Cristina Costantini PART V: LEGAL NARRATIVES, JUDICIAL INTERPRETATIONS AND SUBVERSIVE PARADIGMS 12. The Resilience of History: Comparative Legal Theory and the End of the American Century Anthony Louis Marasco 13. Iudex Translator: The Reign of Finitude Jeanne Gaakeer 14. Further Terrains for Subversive Comparison: The Field of Global Governance and the Public/Private Divide Horatia Muir Watt PART VI: POLITICAL ECONOMIES AND THE INNER POLICIES OF LAW: TOWARDS A ‘COMPARATIVE LAW AND ECONOMICS’ ASSESSMENT 15. Towards the Economics of Comparative Law: The Doing Business Debate Antonio Nicita and Simona Benedettini 16. Quantitative Methods in Comparative Law Francesco Parisi and Barbara Luppi Index

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Book SynopsisThis handbook presents cutting-edge research that compares different criminal procedure systems by focusing on the mechanisms by which legal systems seek to avoid error, protect rights, ground their legitimacy, expand lay participation in the criminal process, and develop alternatives to criminal trials, such as plea bargaining, as well as alternatives to the criminal process as a whole, such as intelligence operations. The criminal procedures examined in this book include those of the United States, Germany, France, Spain, Russia, India, Latin America, Taiwan, and Japan, among others.This book explores a number of key topics in the field of criminal procedure: the role of screening mechanisms in weeding out weak cases before trial; the willingness of different legal systems to suppress illegally obtained evidence; the ways legal systems set meaningful evidentiary thresholds for arrest and pretrial detention; the problem of wrongful convictions; the way legal systems balance the search for truth against other values, such as protections for fundamental rights; emerging legal protections for criminal defendants, including new safeguards against custodial questioning in the European Union, limitations on covert operations in post-Soviet states, and the Indian system of anticipatory bail; as well as the mechanisms by which legal systems avoid trials altogether. A number of contributors also examine the impact of legal reforms that have newly introduced lay jurors into the fact-finding process or that now require juries to give reasons for verdicts.The ideal readership for this handbook includes law students, scholars of criminal procedure and comparative law, as well as civil liberties lawyers. Scholars of national security, the European Union, transitional justice, and privacy will also be interested in the volume's contributions to their fields.Contributors include: S.M. Boyne, M. Cohen, S. Fouladvand, E. Grande, J.S. Hodgson, D.T. Johnson, V. Khanna, N. Kovalev, M. Langer, A.D. Leipold, K. Mahajan, J. Mazzone, J.E. Ross, C. Slobogin, S.C. Thaman, J.I. Turner, R. Vogler, T. WenTrade Review'Contemporary criminal procedure may be seen as a global garden in which myriad blossoms - with names like ''lay judges,'' ''anticipatory bail,'' and ''confession bargaining'' - have sprung out of a grafting of old adversarial-inquisitorial roots. In this impressive volume, contributors from England, India, Italy, Taiwan, and the United States examine many facets of these new hybridities. Cross-pollination among national and supranational systems, differences and similarities at various stages of the criminal process, and even efforts to avoid that process altogether, are explored. The result is a comparative analysis that enriches understanding of global criminal procedure.' --Diane Marie Amann, University of Georgia School of Law'This enlightening book assembles cutting-edge work from the finest scholars of comparative criminal procedure around the world. It marks a real advance in our knowledge and poses policy challenges that every country in the world will have to face.' --James Q. Whitman, Yale UniversityTable of ContentsContents: PART I INTRODUCTION: MAPPING DIALOGUE AND CHANGE IN COMPARATIVE CRIMINAL PROCEDURE Jacqueline E. Ross and Stephen C. Thaman PART II HOLISTIC COMPARISONS 1. Limits on the Search for Truth in Criminal Procedure: A Comparative View Jenia Iontcheva Turner 2. Ensuring the Factual Reliability of Criminal Convictions: Reasoned Judgments or a Return to Formal Rules of Evidence? Stephen C. Thaman PART III DIACHRONIC COMPARISONS A. Screening Mechanisms 3. Anticipatory Bail in India: Addressing Misuse of the Criminal Justice Process? Vikramaditya S. Khanna and Kartikey Mahajan 4. Mechanisms for Screening Prosecutorial Charging Decisions in the United States and Taiwan Tzu-te Wen and Andrew D. Leipold 5. Standards for Making Factual Determinations in Arrest and Pretrial Detention: A Comparative Analysis of Law and Practice Richard Vogler and Shahrzad Fouladvand B. Pretrial Investigation 6. Procedural Economy in Pre-Trial Procedure: Developments in Germany and the United States Shawn Marie Boyne 7. From the Domestic to the European: An Empirical Approach to Comparative Custodial Legal Advice Jacqueline S. Hodgson 8. A Comparative Perspective on the Exclusionary Rule in Search and Seizure Cases Christopher Slobogin 9. Silence, Self-Incrimination, and Hazards of Globalization Jason Mazzone C. Adjudication: Jury Trials 10. Rumba Justice and the Spanish Jury Trial Elisabetta Grande 11. Japan’s Lay Judge System David T. Johnson 12. The French Case for Requiring Juries to Give Reasons: Safeguarding Defendants or Guarding the Judges? Mathilde Cohen PART IV SYNCHRONIC COMPARISONS: ALTERNATIVES TO TRIAL, TO CRIMINAL INVESTIGATIONS, AND TO THE CRIMINAL PROCESS ITSELF 13. Special Investigative Techniques in Post-Soviet States: The Divide Between Preventive Policing and Criminal Investigation Nikolai Kovalev and Stephen C. Thaman 14. The Emergence of Foreign Intelligence Investigations as Alternatives to the Criminal Process: A View of American Counterterrorism Surveillance Through German Lenses Jacqueline E. Ross V EPILOGUE Strength, Weakness, or Both? On the Endurance of the Adversarial-Inquisitorial Systems in Comparative Criminal Procedure Máximo Langer Index

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Book SynopsisComparative Insolvency Law argues that the most important development in contemporary insolvency law and practice is the shift towards a rescue culture rather than full creditor satisfaction. This book is the first to specifically examine the rise of the pre-packaged approach, which permits debtor companies to formulate a clear pre-arranged exit before entering into formal insolvency proceedings. The book offers a comparative and critical analysis of the law and practice of the pre-pack approach to corporate rescue in the UK, the USA, and in key EU jurisdictions, and explains the reasons behind the popularity of the UK as forum law for European companies approaching insolvency. Highlighting the advantages and shortcomings of the process, Bo Xie discusses in depth the different approaches adopted in these various jurisdictions to deal with opportunistic use of pre-packs. She also considers proposals to redress the balance within UK pre-packaged administrations by inserting higher transparency and scrutiny safeguards.This highly topical study is a must-read for scholars and legal practitioners working in the fields of corporate insolvency and restructuring.It will also prove of great value to insolvency regulators owing to its topical and in-depth analysis of current developments in the law.Trade Review'The focus of this text is on the pre-pack strategy, but the author sensibly locates this analytical spotlight within the broader environment of corporate insolvency law, particularly the rescue context. Bo Xie engages fully with the heated debate(s) associated with pre-packs and supports her analysis with extensive underpinning research drawn from scholarly literature, practitioner insights and policy documents. The work is lucid and comprehensive with a strong comparative element. Deserving of wide readership, It is an essential primary point of reference for any future discourse within the field.' --David Milman, Lancaster University, UK'Dr Xie's book is the first work of comparative legal scholarship of which I am aware that deals comprehensively with the emergence of pre-pack insolvencies across a range of jurisdictions, legal traditions and institutional settings. It is an excellent resource for any academic, policymaker, regulator or practitioner interested in understanding convergence and divergence in law and practice in the UK, US and Europe as regards this aspect of insolvency law.' --Adrian Walters, Illinois Institute of Technology'This is a scholarly and comprehensive analysis and critique of the popular ''pre-pack'' form of administration of an insolvent company. As well as a detailed account of the UK law, there is material on comparable mechanisms under US, French, German and Dutch law. The analysis leads to some very important recommendations for improvement of the current UK position. All policy-makers, academics and students with an interest in the subject should read it.' --John Birds, University of Manchester and University of Sheffield, UKTable of ContentsContents: Preface PART I Introduction 1. Corporate Rescue - The New Orientation of Insolvency Law PART II Pre-packs in the UK 2. A Critical Appraisal of The Rise of Pre-pack Administrations 3. Pre-pack Business Sales to Connected parties – The Uneasy Case for Pre-pack Administrations 4. Safeguards for Creditors – An Evaluation of UK Reform Initiatives PART III Pre-packs in the USA 5. Pre-packaged Reorganisation under Chapter 11 6. Pre-Plan Sales under s 363(b) under Chapter 11 PART IV Pre-packs in Europe 7. The Use of the Pre-pack Approach in Key European Jurisdictions 8. Pre-packs and Insolvency Forum Shopping PART V Conclusion 9. Conclusion Index

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Book SynopsisTransparency'' has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies - such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.'- Susan Rose-Ackerman, Yale University Law School, US'For me this book could have been titled Everything I Ever Wanted To Know About Transparency Policy And Law But Didn t Know Enough To Ask. It is masterful and unmatched in depth, scope, and acuity. It convincingly analyzes the complexities of transparency on a comparative basis in terms of goals, culture and government, legal approaches, and global governance. What is transparency? What can it be? What are its consequences? How can it be promoted and regulated? Henceforth no one should seriously attempt to address such questions without first reading this outstanding book.'- David H. Rosenbloom, School of Public Affairs, American University, USIn recent years the concept of transparency has received much attention, but few have approached the topic from a critical standpoint. This Handbook explores the different meanings and applications of transparency and their many implications.The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives. Some chapters emphasize cultural and national aspects of the issue, with country-specific examples from China, Mexico, the US and the UK, while others focus on transparency within global organizations such as the World Bank and the WTO. A number of relevant legal considerations are also discussed, including freedom of information laws, financial disclosure of public officials and whistleblower protection.A diverse and unique volume, the Research Handbook on Transparency will prove an essential reference for scholars, policy makers, practitioners and legal reform advocates.Contributors: Padideh Ala'i, J. Ackerman, A.J. Brown, K. Clark, M. D'Orsi, S. Dreyfus, C. Embree, E. Fisher, H.P. Glenn, H. Ala Hamoudi, J.W. Head, D.B. Hunter, W. Liu, J.S. Lubbers, D.J. Metcalfe, S. Routray, I.E. Sandoval, W. Vandekerckhove, R.G. VaughnTrade Review‘”Transparency” has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies – such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.' -- Susan Rose-Ackerman, Yale University Law School, US‘For me this book could have been titled Everything I Ever Wanted To Know About Transparency Policy And Law — But Didn’t Know Enough To Ask. It is masterful and unmatched in depth, scope, and acuity. It convincingly analyzes the complexities of transparency on a comparative basis in terms of goals, culture and government, legal approaches, and global governance. What is transparency? What can it be? What are its consequences? How can it be promoted and regulated? Henceforth no one should seriously attempt to address such questions without first reading this outstanding book.’ -- David H. Rosenbloom, School of Public Affairs, American University, USTable of ContentsCONTENTS: INTRODUCTION PART I FRAMEWORKS FOR TRANSPARENCY 1. Transparency and Closure H. Patrick Glenn 2. The Relationship between Transparency, Whistleblowing and Public Trust A. J. Brown, Wim Vandekerckhove and Suelette Dreyfus 3. Exploring the Legal Architecture of Transparency Elizabeth Fisher 4. The Associations of Judicial Transparency with Administrative Transparency Robert G. Vaughn PART II CULTURAL AND NATIONAL PERSPECTIVES ON TRANSPARENCY 5. Opposing Legal Transparency in Dynastic China: The Persuasive Logic of Confucianist Views on Legal Opaqueness John W. Head 6. Transparency and the Shi’i Clerical Elite Haider Al Hamoudi 7. Transparency under Dispute: Public Relations, Bureaucracy, and Democracy in Mexico Irma Eréndira Sandoval 8. When Transparency Meets Politics: The Case of Mexico’s Electoral Ballots John Mill Ackerman 9. The Role of the Courts in China’s Progress Toward Transparency Liu Wenjing PART III. LEGAL APPROACHES TO TRANSPARENCY 10. The History of Government Transparency Daniel J. Metcalfe 11. The Long and Winding Road to Transparency in the UK Shonali Routray 12. Transparency in Policymaking—The (Mostly) Laudable Example of the U.S. Rulemaking System Jeffrey S. Lubbers 13. Faux Transparency: Ethics, Privacy, and the Demise of the STOCK Act’s Massive Online Disclosure of Employees’ Finances Kathleen Clark and Cheryl Embree PART IV. GLOBAL GOVERNANCE AND TRANSPARENCY 14. Transparency at the World Bank Daniel J. Metcalfe 15. The Emerging Norm of Transparency in International Environmental Governance David B. Hunter 16. Transparency in International Economic Relations and the Role of the WTO Padideh Ala'i & Matthew D'Orsi Index

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Book SynopsisAs in all periods of swift economic development and political upheaval, our era of globalization has brought corruption and conflicts of interest into the spotlight. This comprehensive study highlights the difficulties of devising global legislative and judicial responses to these issues.The papers gathered in this volume demonstrate how global regulations tend to meet strong cultural resistance, in particular when dealing with the more subtle patterns of conflicts of interest. It is a notion that is far from successfully regulated in every country or addressed in compatible ways. In fact, the comparisons offered demonstrate that even international organizations such as the European Union have failed to fully consolidate their systems for mitigating their own risks of corruption and conflicts of interest.Providing a comprehensive study of the phenomenon of corruption and conflicts of interest from a comparative perspective, this book will prove vital for academics, NGOs and practitioners.Contributors: S.A. Aaronson, M.R. Abouharb, J.-B. Auby, M. Benedetti, E. Breen, E. Chiti, E. D'Alterio, H. Delzangles, L. Folliot-Lalliot, D. Gordon, G. Houillon, P. Lascoumes, Y. Marique, B.G. Mattarella, R.E. Messick, C. Moser, T. Paris, T. Perroud, C. Rose, S. Rose-Ackerman, P. Szarek Mason, Ç. Tansug, S. WhiteTable of ContentsContents: Introduction PART I: CONFLICTS OF INTEREST AND CORRUPTION: A FINE LINE? 1. Corruption and Conflicts of Interest Susan Rose-Ackerman PART II: COMPARATIVE STUDIES ON CORRUPTION AND CONFLICTS OF INTERESTS FROM A PROCEDURAL PERSPECTIVE 2. Regulatory Authorities and Conflicts of Interests Hubert Delzangles 3. The Conflicts of Interests of Public Officers: Rules, Checks and Penalties Bernardo Giorgio Mattarella 4. Protecting the Integrity of the U.S. Federal Procurement System: Conflict of Interest Rules & Aspects of the System That Help Reduce Corruption Dan Gordon 5. Corruption and Conflicts of Interest: Future Prospects on Lobbying Grégory Houillon 6. Condemning Corruption and Tolerating Conflicts of Interest French ‘Arrangements’ Regarding Breaches of Integrity Pierre Lascoumes 7. Integrity in English and French Public Contracts. Towards Clarifying Administrative Cultures Yseult Marique 8. Policy Considerations when Drafting Conflict of Interest Legislation Richard E. Messick 9. Conflicts of Interests of Government Members and the Risk of Corruption: An Assessment of Pre-Revolutionary Tunisia and Egypt Carolyn Moser 10. Is (French) Continental Law Efficient at Fighting Conflicts of Interests? Timothée Paris 11. Corruption and Conflicts of Interests in the United Kingdom Cecily Rose 12. The Legal Regulations of The Prevention of Corruption of Civil Servants in Turkey and the Council of Ethics for Public Service Çagla Tansug PART III: INTERNATIONAL ORGANIZATIONS AND THE FIGHT AGAINST CORRUPTION AND CONFLICTS OF INTEREST 13. Corruption, Conflicts of Interests and the WTO Susan Ariel Aaronson and M. Rodwan Abouharb 14. ‘Global Integrity’: National Administrations versus Global Regimes Elisa D’Alterio 15. How Multilateral Development Banks Invest Corruption in their Funded Projects Mariangela Benedetti 16. Introduction to World Bank’s Policies in the Fight Against Corruption and Conflicts of Interests in Public Contracts Laurence Folliot-Lalliot PART IV: EUROPEAN ADMINISTRATIVE LAW AND THE FIGHT AGAINST CORRUPTION AND CONFLICTS OF INTERESTS 17. Mismanagement by European Agencies. Concerns, Institutional Responses, and Lessons Edoardo Chiti 18. Footprints in the Sand: Regulating Conflict of Interest at EU Level Simone White 19. OLAF: The Anti-corruption Policy Within the European Union Patrycja Szarek Mason

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Book Synopsis'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.'- Richard Moberly, University of Nebraska College of LawDrawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures.The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century.This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies IndexTrade ReviewThe Successes and Failures of Whistleblower Laws is carefully argued and comprehensively referenced. It is the work of a lawyer in its attention to detail and precedent, but it accessible to non-lawyers who are willing to put in the effort. It is a long book, and most impressive in it exposition of arguments and evidence for and against various facets of whistleblower legislation. Anyone who puts in significant effort promoting whistleblower laws - for example, writing to or talking with politicians - can benefit from studying relevant parts of the book. --Brian Martin, The WhistleIf you're a lawyer, academic, student, or someone who is fascinated by this continuingly fascinating subject, you should enjoy this book. It covers all pertinent aspects of whistleblower laws from various perspectives, societal as well as legal and includes actual stories of whistleblowers... Exciting, topical, as well as precisely analytical, this book examines a vast range of incidents and issues related to whistleblowing. It will appeal not just to practitioners and other professionals, but to a wider public internationally... It may well be destined to become a classic. --Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineVaughn provides a first-rate account of decades of successes and failures. There is nothing else like it. --James McRitchie, Corporate GovernanceTable of ContentsContents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues —New Controversies Index

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Book SynopsisThe initial responses to 9/11 engaged categorical questions about 'war', 'terrorism', and 'crime'. Now the implementation of counter-terrorism law is infused with dichotomies - typically depicted as the struggle between security and human rights, but explored more exactingly in this book as traversing boundaries around the roles of lawyers, courts, and crimes; the relationships between police, military, and security agencies; and the interplay of international and national enforcement. The contributors to this book explore how developments in counter-terrorism have resulted in pressures to cross important ethical, legal and organizational boundaries. They identify new tensions and critique the often unwanted outcomes within common law, civil law, and international legal systems.This book explores counter-terrorism measures from an original and strongly comparative perspective and delivers an important resource for scholars of terrorism laws, strategies, and politics, as well as human rights and comparative lawyers.Contributors: M.L. Anglí, S. Bronitt, B. Dickson, S. Donkin, F. Galli, J.-M.L. Gorostiza, S. Hufnagel, A. Masferrer, M.C. Meliá, J. Moran, A. Petzsche, A. Staniforth, C. Walker, S. Wallerstein, D.P.J. WalshTrade Review'A deep and thoughtful exploration of counter-terrorism written by leading commentators from around the globe. This book poses critical questions about the definition of terrorism, the role of human rights and the push by many governments for more security powers. It carefully examines the boundaries between crime and thought, crime and war, the domestic and the international and the legal and the illegal-boundaries that were once seen as inviolate, but which have become blurred during the last turbulent decade.' --Kent Roach, University of Toronto, Canada'This edited book contains very informative, well-researched and well-argued chapters. It brings to the fore legal and conceptual issues that have preoccupied lawyers, academics and government officials since 9/11.' --Stéphane Lefebvre, Rutgers School of Criminal JusticeTable of ContentsContents: PART I: CROSSING LEGAL BOUNDARIES IN CONCEPTUAL CATEGORIES 1. Countering Terrorism and Crossing Legal Boundaries Aniceto Masferrer and Clive Walker 2. What does ‘Terrorism’ Mean? Mariona Llobet Anglí 3. The Fragility of Fundamental Rights in the Origins of Modern Constitutionalism: Its Negative Impact in Protecting Human Rights in the ‘War on Terror’ Era Aniceto Masferrer 4. Myths and Misunderstandings About Security, Rights and Liberty in the United Kingdom Jon Moran PART II: CROSSING LEGAL BOUNDARIES FROM LIBERTY TO CRIME 5. Terrorism as a Criminal Offence Manuel Cancio Meliá and Anneke Petzsche 6. Freedom of Thought or ‘Thought-crimes’? Counter-terrorism and Freedom of Expression Francesca Galli 7. Terrorism and Crimes against Humanity: Interferences and Differences at the International Level and their Projection upon Spanish Domestic Law Jon-Mirena Landa Gorostiza 8. Safety Interviews, Adverse Inferences and the Relationship between Terrorism and Ordinary Criminal Law Shlomit Wallerstein PART III: CROSSING LEGAL BOUNDARIES IN CRIMINAL JUSTICE SYSTEMS 9. Critical Perspectives on the Evaluation of Counter-Terrorism Strategies: Counting Costs of the ‘War on Terror’ in Australia Susan Donkin and Simon Bronitt 10. The Right of Access to a Lawyer in Terrorist Cases Brice Dickson 11. Erasing the Distinction between Anti-terrorist and Criminal Justice Measures in Ireland: Past and Present Dermot P.J. Walsh PART IV: CROSSING LEGAL BOUNDARIES IN COUNTER-TERRORISM ORGANISATIONS 12. Cross-border Law Enforcement in the Area of Counter-terrorism: Maintaining Human Rights in Transnational Policing Saskia Hufnagel 13. Detention in Extremis: Transferring Lessons from Counter-terrorism Policing to Military Detentions Clive Walker 14. The Amplification and Melding of Counter-terrorism Agencies: From Security Services to Police and Back Again Clive Walker and Andrew Staniforth Bibliography Index

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Book SynopsisStandardization under EU Competition Rules and US Antitrust Laws is a comprehensive and detailed legal analysis of standard-setting procedure and the regulation of standard essential patents. It deals with the competition law aspects of competitors' collaboration to create technical standards, as well as the contentious antitrust issues regarding access to standards and standard essential patents.The book shows that there is a clear difference between how standardization is scrutinized and judged in the two jurisdictions. In general, US courts use intellectual property law to address access to standard essential patents, while European courts utilize antitrust rules. Both avenues hold their specific benefits and disadvantages. However, the dichotomy between the tools used in the two jurisdictions also, according to the author, mirror a more fundamental change in attitude to central notions and values such as property, fairness, equity, public interest and competition.Offering in-depth analysis of the case law currently being written in courtrooms all over the world under the so-called 'patent war', the book puts forward a new method for applying competition law to standards and standard-setting - in both its collusive and monopolistic aspects - that will be of special interest to students, academics and practitioners.Contents: 1. R&D Collaborations, Technology Standardization Agreements and Patent Pools - Antitrust Problems or Efficient Solutions to Antitrust Problems? 2. The Proliferation of IP Rights and the Rise of Standards 3. The Governance and Institutional Structure of SSOs 4. The Regulation of Standardization Agreements and Adjoining Collaborations 5. Patent Pools 6. Unilateral Conduct under Standards 7. Comparative Analysis and Critique 8. Conclusion Bibliography IndexTrade Review‘This book is a comprehensive analysis of standard-setting procedure and the regulation of standard-essential patents. Standardization under EU Competition Rules and US Antitrust Laws is made up of eight highly readable sections.’ -- Athanase Popov, General Court of the European UnionTable of ContentsContents: 1. R&D Collaborations, Technology Standardization Agreements and Patent Pools – Antitrust Problems or Efficient Solutions to Antitrust Problems? 2. The Proliferation of IP Rights and the Rise of Standards 3. The Governance and Institutional Structure of SSOs 4. The Regulation of Standardization Agreements and Adjoining Collaborations 5. Patent Pools 6. Unilateral Conduct under Standards 7. Comparative Analysis and Critique 8. Conclusion Bibliography Index

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Book SynopsisThis cutting-edge Research Handbook, at the intersection of comparative law and anthropology, explores mutually enriching insights and outlooks. The 20 contributors, including several of the most eminent scholars, as well as new voices, offer diverse expertise, national backgrounds and professional experience. Their overall approach is ''ground up'' without regard to unified paradigms of research or objects of study.Through a pluralistic definition of law and multidisciplinary approaches, Comparative Law and Anthropology significantly advances both theory and practice. The Research Handbook's expansive concept of comparative law blends a traditional geographical orientation with historical and jurisprudential dimensions within a broad range of contexts of anthropological inquiry, from indigenous communities, to law schools and transitional societies. This comprehensive and original collection of diverse writings about anthropology and the law around the world offers an inspiring but realistic source for legal scholars, anthropologists and policy-makers.Contributors include: U. Acharya, C. Bell, J. Blake, S. Brink, E. Darian-Smith, R. Francaviglia, M. Lazarus-Black, P. McHugh, S.F. Moore, E. Moustaira, L. Nader, J. Nafziger, M. Novakovic, R. Price, O. Ruppel, J.A. Sanchez, W. Shipley, R. Tejani, A. Telesetsky, K. ThomasTrade Review‘. . . Comparative Law and Anthropology offers a diverse pool of writings connected to anthropology and law that are timely and relatable. The volume covers many geographical areas of the world either in in-depth studies or through shorter examples related to certain legal fields. In addition, although a majority of the authors deal with indigenous or local law, there are also many other subjects covered from intellectual property to religious freedom.’ -- Elin Hofverberg, International Journal of Legal InformationTable of ContentsContents: 1. Introduction to comparative law and anthropology James A.R. Nafziger PART I PAST, PRESENT AND FUTURE 2. Law and anthropology: research traditions Sally Falk Moore 3. Whose comparative law? A global perspective Laura Nader PART II COMPLEXITY, LEGAL PLURALISM AND TOTALITY OF LEGAL IDEAS 4. Anthropology on trial: the Hindmarsh Island Bridge controversy (1993–2001) P.G. McHugh 5. First Nation control over archeological sites: contemporary issues in heritage law, policy and practice Catherine Bell 6. The hybridity of law in Namibia and the role of community law in the Southern African Development Community (SADC) Oliver C. Ruppel and Katharina Ruppel-Schlichting 7. Legal pluralism – linking law and culture in natural resource co-management and environmental compliance Anastasia Telesetsky PART III SUBSTANCE OF LEGAL SCHEMES OF MEANING AND SOCIAL SIGNIFICANCE OF LAW 8. Anthropology in international law: the case of safeguarding intangible cultural heritage Janet Blake 9. Cultural landscapes significant to indigenous peoples James A.R. Nafziger 10. Governance disputes involving First Nations in Canada: culture, custom, and dispute resolution outside of the Indian Act William B. Shipley PART IV COSMOPOLITAN COMPARATIVE PERSPECTIVES 11. Images of Muhammad: religious law and freedom of expression Richard Francaviglia 12. Narratives of laws, narratives of peoples Elina N. Moustaira PART V HISTORICAL ORIENTATION 13. Law, society and landscape in early Scandinavia Stefan Brink 14. Transgenic maize: the Mexican cultural battle Jorge Sánchez Cordero 15. A trinity of culture, law and politics: legal anthropology of the bonded labor system in Nepal Upendra D. Acharya PART VI CONTEXTUAL DIFFERENCES 16. Global law firms in real-world contexts: practical limitations and ethical implications Eve Darian-Smith 17. An historical, cultural and political perspective of corruption in the Balkans Marko Novaković PART VII IN-DEPTH FIELD RESEARCH 18. The anthropologist as expert witness: a personal account Richard Price 19. Intellectual property law in comparative perspective: the case of trademark “piracy” in Guatemala Kedron Thomas 20. The voice of the stranger: foreign LL.M. students’ experiences of culture, law and pedagogy in US law schools Mindie Lazarus-Black PART VIII RELATIONSHIP WITH THE LEGAL ANTHROPOLOGICAL TRADITION AND ITS THEORETICAL AND METHODOLOGICAL CONCERNS 21. Distance in law and globalization: armchair anthropology revisited Riaz Tejani Index

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Book SynopsisIs comparative legal history an emerging discipline or a much-needed dialogue between two academic subjects? This research handbook presents the field in a uniquely holistic way, and illustrates how comparative law and legal history are inextricably related. Cementing a solid theoretical grounding for the discipline, legal historians and comparatists place this subject at the forefront of legal science. Comprehensive in coverage, this handbook collates theory and method for comparative legal history, as well as discussing international legal sources and judicial and civil institutions. Particular attention is paid to custom and codification, contracts, civil procedure and ownership. By assessing the evolution of law across European, Asian, African and American environments from the pre-modern era to the nineteenth century, the chapters provide stimulating and enlightening cases of legal history through a comparative lens. A centrepiece for this field of scholarship, this research handbook will be an essential resource for scholars interested in comparative law, legal theory and legal history, from both legal and social science backgrounds. Contributors: S.P. Donlan, S. Drescher, M. Dyson, P. Finkelman, D. Freda, A. Giuliani, J.-L. Halpérin, D. Heirbaut, E. Kadens, M.S.-H. Kim, A. Masferrer, D. Michalsen, K.Å. Modéer, O. Moréteau, J.A. Obarrio, A. Parise, H. Pihlajamäki, W. Swain, A. Taitslin, C.H. van Rhee, J. VanderlindenTrade Review‘Comparative Legal History offers important and useful lenses in this process of understanding law in all its "socio-political colors".’ -- Razvan Cosmin Roghina, Romanian Journal of Comparative LawTable of ContentsContents: List of contributors Acknowledgments The emergence of comparative legal history Aniceto Masferrer, Kjell Å. Modéer and Olivier Moréteau PART I Theory and Methods 1. What is comparative legal history? Legal historiography and the revolt against formalism, 1930-60 Adolfo Giuliani 2. Comparative? Legal? History? Crossing Boundaries Sean Patrick Donlan 3. Methodological perspectives in comparative legal history: an analytical approach Dag Michalsen 4. Comparative legal history: methodology for morphology Matthew Dyson PART II LEGAL SOURCES 5. Here, there, everywhere or... nowhere? Some comparative and historical afterthoughts about custom as a source of law Jacques Vanderlinden 6. Convergence and the colonization of custom in pre-modern Europe Emily Kadens 7. Custom as a source of law in European and East Asian legal history Marie Seong-Hak Kim 8. The ius commune as the ‘ratio scripta’ in the civil law tradition: a comparative approach to the Spanish case Aniceto Masferrer and Juan A. Obarrio 9. Legal education in England and continental Europe between the middle ages and the early-modern period: a comparison Dolores Freda PART III LEGAL INSTITUTIONS 10. The triumph of judicial review: the evolution of post-revolutionary legal thought Jean-Louis Halpérin 11. Killing the vampire of human culture: Slavery as a problem in international law Paul Finkelman and Seymour Drescher 12. Continental European superior courts and procedure in civil actions (11th-19th centuries) C.H. (Remco) van Rhee 13. The genesis of concepts of possession and ownership in the civilian tradition and at common law: how did common law manage without a concept of ownership? Why Roman law did not Anna Taitslin 14. The common law and the Code civil: the curious case of the law of contract Warren Swain 15. When the wind turned from South to West: the transition of Scandinavian legal cultures 1945–2000, a comparative sketch Kjell Å. Modéer PART IV CODIFICATION 16. Unification and codification in today’s European private law and nineteenth-century Germany: the challenges and opportunities of comparing historical and ongoing events Dirk Heirbaut 17. Owning the conceptualization of ownership in American civil law jurisdictions and the origins of nineteenth-century code provisions Agustín Parise 18. Why was private law not codified in Sweden and Finland? Heikki Pihlajamäki Index

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Book SynopsisComparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date. In Part I, Methods and Disciplines, contributors approach critical issues in comparative law and society from a variety of academic fields, including sociology, criminology, anthropology, economics, political science, and psychology. This multidisciplinary approach highlights the importance of addressing the variance of perspectives inherent to the field. In Part II, Core Issues, chapters offer an exploration of major legal institutions, processes, professionals, and cultures associated with particular legal subjects. Since authors utilize the perspective of at least two different legal systems, this book offers a truly thorough and wide-ranging focus. The general reader, as well as students and scholars, will find this handbook useful in their continuing explorations into the interaction between law and society. Practitioners such as lawyers and judges with an interest in global perspectives of law will also find much to admire in this innovative volume. Contributors: M. Adler, N. Brewer, D.S. Clark, R. Cotterrell, B.L. Cutler, T. Ginsburg, M. Goodale, C. Guarnieri, R. Horry, B. Luppi, S.C. McCaffrey, E. Mertz, D. Nelken, F. Pakes, M.A. Palmer, F. Parisi, J.T. Polk, J.C. Reitz, R.E. Salcido, S. Stendahl, J.C. Suk, G.A. Tarr, S.C. Thaman, K. van Aeken, H.J. WiardaTable of ContentsContents: Preface 1. History of Comparative Law and Society David S. Clark PART I: METHODS AND DISCIPLINES 2. Comparative Sociology of Law Roger Cotterrell 3. Comparative Criminology Francis Pakes 4. Comparative Anthropology of Law Elizabeth Mertz and Mark Goodale 5. Comparative Law and Economics: Accounting for Social Norms Francesco Parisi and Barbara Luppi 6. Comparative Law and Political Economy John C. Reitz 7. Comparative Legal Psychology: Eyewitness Identification Ruth Horry, Matthew A. Palmer, Neil Brewer and Brian L. Cutler PART II: CORE ISSUES 8. Separation of Legislative and Executive Governmental Powers Howard J. Wiarda and Jonathan T. Polk 9. Federalism and Subnational Legal Systems: The Canadian Example of Provincial Constitutionalism G. Alan Tarr 10. Judges, their Careers, and Independence Carlo Guarnieri 11. Civil Court Litigation and Alternative Dispute Resolution Koen van Aeken 12. Criminal Courts and Procedure Stephen C. Thaman 13. Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden Michael Adler and Sara Stendahl 14. Constitutional Law and Courts Tom Ginsburg 15. Legal Cultures David Nelken 16. Legal Education David S. Clark 17. Legal Professions and Law Firms David S. Clark 18. Legal Protection of the Environment Stephen C. McCaffrey and Rachael E. Salcido 19. Preventive Health at Work Julie C. Suk Index

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Book SynopsisContaining newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countries' legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners. Contributors: M. Abe, D. Bradley, W. Bull, W.E. Butler, R. Caterina, M. Claes, H. Cousy, E. Dacoronia, G.-R. de Groot, M.J. de Waal, H. Dedek, M. Deturbide, R. Dotevall, J.E. du Plessis, M.G. Faure, B. Fauvarque-Cosson, J. Fedtke, F. Ferrari, A. Fournier, J. Fu, D. Geradin, H.P. Glenn, M. Gondek, J. Gordley, J. Hage, B. Havel, J.H. Herbots, V. Heutger, G. Howells, E.J. Hughes, M. Hunter-Henin, J. Husa, N. Jansen, M.T. Kamminga, A.J. Kanning, S.M. Kroll, P. Letto-Vanamo, S.D. Lindenbergh, G. Lubbe, B. Lurger, L. Macgregor, H.L. MacQueen, U. Magnus, K. Mayer, R. Michaels, J.M. Milo, H. Muir Watt, J. Neethling, H.P. Nehl, D. Nelken, L. Nottage, C. O'Cinneide, A.E. Orucu, V.V. Palmer, F. Pennings, P. Pichonnaz, B. Pozzo, L. Rademacher, G. Samuel, M.J. Schermaier, M. Schmidt-Kessel, E. Schrage, G. Shalev, L. Slepaite, D. Smith, J.M. Smits, Z.D. Tarman, V. Thuronyi, M. Torsello, J.H.M. van Erp, N. Van Leuven, C.H. van Rhee, L. van Vliet, A. Vaquer, R. Verhagen, R. Verkerk, D. Visser, S. Vogenauer, M. Vranken, S. Weatherill, T. Weigend, B. Wessels, C.A. Williams, J. Ziller, P. ZumbansenTrade ReviewAcclaim for the first edition: This is a very important and immense book . . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as Elgar's. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library. --Sally Ramage, The Criminal LawyerThis encyclopedia will serve as a reliable reference source that will benefit reference collections in various types of libraries: public, academic, general law and academic law. --Danielle Colbert-Lewis, Reference ReviewsTable of ContentsContents: Preface 1. Accident Compensation Michael G. Faure 2. Administrative Law Hanns Peter Nehl 3. Agency and Representation Hendrik Verhagen and Laura Macgregor 4. The Aims of Comparative Law H. Patrick Glenn 5. American Law (United States) Ralf Michaels 6. Arbitration Stefan M. Kröll 7. Assignment Brigitta Lurger 8. Australia Martin Vranken 9. Belgium Nathalie Van Leuven 10. Canada Michael Deturbide and Elizabeth J. Hughes 11. China Junwei Fu 12. Civil Procedure C.H. (Remco) van Rhee and Remme Verkerk 13. Commercial Regulation Luke Nottage 14. Common Law Geoffrey Samuel 15. Comparative Law and Economics Raffaele Caterina 16. Competition Law Damien Geradin 17. Consideration James Gordley 18. Constitutional Law Monica Claes 19. Consumer Protection Stephen Weatherill 20. Coordination of Legal Systems Arnald J. Kanning 21. Corporate Responsibility Cynthia A. Williams 22. Criminal Law and Criminal Procedure Thomas Weigend 23. The Czech Republic Bohumil Havel 24. Damages (in tort) Siewert D. Lindenbergh 25. England and Wales Damian Smith and William Bull 26. European Civil Code Nils Jansen and Lukas Rademacher 27. Family Law David Bradley 28. Finland Pia Letto-Vanamo 29. France Bénédicte Fauvarque-Cosson and Alice Fournier 30. German Law Helge Dedek and Martin J. Schermaier 31. Greece Eugenia Dacoronia 32. Human Rights Law Menno T. Kamminga 33. Insolvency Law Bob Wessels 34. Insurance Law Herman Cousy 35. Interpretation of Contracts Jacques H. Herbots 36. Israel Gabriela Shalev 37. Italy Barbara Pozzo 38. Japanese Law Masaki Abe and Luke Nottage 39. Legal Culture David Nelken 40. Legal Families Jaakko Husa 41. Legal History and Comparative Law Viola Heutger and Eltjo Schrage 42. Legal Reasoning Jaap Hage 43. Legal Translation Gerard-René de Groot 44. Legal Transplants Jörg Fedtke 45. Lithuania Laura Šlepaitė 46. Methodology of Comparative Law A. Esin Örücü 47. Mistake Gerhard Lubbe 48. Mixed Jurisdictions Vernon Valentine Palmer 49. Nationality Law Gerard-René de Groot 50. The Netherlands Jan M. Smits 51. Offer and Acceptance Inter Absentes Franco Ferrari 52. Personal and Real Security J.H.M. (Sjef) van Erp 53. Personality Rights Johann Neethling 54. Poland Michał Gondek 55. Privacy Colm O’Cinneide, Myriam Hunter-Henin and Jörg Fedtke 56. Private International Law Horatia Muir Watt 57. Product Liability Geraint Howells 58. Property and Real Rights J. Michael Milo 59. Public Law Jacques Ziller 60. Remedies for Breach of Contract Marco Torsello 61. Russian Law William E. Butler 62. Scots Law Hector L. MacQueen 63. Social Security Frans Pennings 64. South Africa Jacques E. du Plessis 65. Spain Antoni Vaquer 66. Statutory Interpretation Stefan Vogenauer 67. Supervening Events and Force Majeure Martin Schmidt-Kessel and Katrin Mayer 68. Sweden Rolf Dotevall 69. Switzerland Pascal Pichonnaz 70. Tax Law Victor Thuronyi 71. Tort Law in General Ulrich Magnus 72. Transfer of Movable Property Lars van Vliet 73. Transnational Law, Evolving Peer Zumbansen 74. Trust Law Marius J. de Waal 75. Turkey Z. Derya Tarman 76. Unjustified Enrichment Daniel Visser Index

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Book SynopsisJan M. SmitsTrade ReviewJan Smits has long been one of the most interesting and original authors on European private law theory. Now he offers his views on legal scholarship, and they are as original as they are thought-provoking. His plea for a legal scholarship that maintains its identity vis-a-vis neighboring disciplines without collapsing into doctrinairism is bound to yield lively discussions - and hopefully will help re-establish a proper place for legal scholarship, in Europe and beyond. --Ralf Michaels, Duke University, USTable of ContentsContents: Preface Introduction: A Discipline in Crisis? 1. Legal Science: A Typology 2. The Homo Juridicus: Towards a Redefinition of Normative Legal Science 3. Methodology of Normative Legal Science 4. Organization of the Legal-academic Discourse Synopsis References Index

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Book Synopsis'The fields of comparative administrative law and its close cousin, regulatory law, are now experiencing the explosion that occurred a while ago in comparative constitutional law. This Bignami and Zaring volume provides both excellent introduction into these newest developments and a record of substantial research achievements.'- Martin Shapiro, University of California, Berkeley, School of LawRegulation today is global. It affects everything from e-commerce to product safety to air quality and much more. How is regulation made and enforced in the multiple domestic and international jurisdictions called upon to address the problems of international markets and global society? To understand the global regulatory process, it is necessary to move beyond conventional sub-fields of law like administrative law and international law. Drawing on contributions from an international team of leading scholars with diverse subject and country expertise, Comparative Law and Regulation introduces a new field of legal research geared at understanding the operation of the regulatory process across the world. The volume affords cutting-edge analysis of the entire gamut of regulatory law: rulemaking by bureaucracies, legislatures, and private bodies; oversight by public and private actors; civil and criminal enforcement; and judicial review. The chapters cover over thirty different domestic and international jurisdictions, including the United States, Germany, the European Union, India, China, South Korea, Colombia, the World Trade Organization, and private investor-state arbitral tribunals.The theoretical and methodological innovations introduced in this book will make it compulsory reading for scholars of public law, comparative law, and international law as well as those working in public policy, political science, and economics. For legal professionals in government agencies and the private sector, it affords both a useful theoretical framing of the complex issues involved in international and comparative regulation and an up-to-date overview of the legal and technical aspects. Contributors include: J. Baert Wiener, F. Bignami, A.R. Chapman, C. Coglianese, E.A. Feldman, C. Fish, L. Forman, J. Fowkes, D.A. Hensler, H.C.H. Hofmann, C.-Y. Huang, R.D. Kelemen, E. Lamprea, D.S. Law, D. Lima Ribeiro, J. Ohnesorge, L. Peter, S. Rose-Ackerman, G. Shaffer, J.L. Short, S. Smismans, B. Van Rooij, W. Wagner, B. Worthy, J. Yackee, D. ZaringTrade ReviewComparative Law and Regulation: Understanding the Global Regulatory Process opens a new frontier in administrative and comparative law. It visualizes the subject of government regulation of private business enterprise in international terms. It examines the ways in which different countries as well as international organizations engage in regulation, and the checks and balances that constrain that process. It considers the possibilities of convergence and transplants from one country to another. It examines the many dimensions of the problem including developed vs. developing countries, private vs. public regulators, and pluralistic vs. neo-corporatist systems. Global regulation is a subject of immense practical and political importance, and this volume does justice to its complexity.' --Michael Asimow, Stanford Law School'This collection, written by leading scholars of administrative law, is a major contribution to a field whose importance is increasingly recognized. The chapters combine thoughtful theoretical analyses - based in part on a framework clearly laid out in an introductory essay - with detailed examination of the actual operation of administrative law in several legal arenas defined both by their subject matters and the legal systems in which the issues arise. The literature in this new field is significantly deepened by this valuable collection.' --Mark Tushnet, Harvard Law School'Comparative Law and Regulation invites and assists scholars and policy makers to reassess how regulation operates within their own countries in light of the experience of other countries. The twenty-one chapters, written by leading scholars, weave together multiple disciplinary perspectives to capture the rich complexity of regulatory processes in an accessible and helpful manner. Bignami and Zarling have edited a commanding contribution to the emerging field of comparative law and regulation.' --Sidney Shapiro, Wake Forest UniversityTable of ContentsContents: INTRODUCTION A New Field: Comparative Law and Regulation Francesca Bignami PART I THE REGULATORY STATE ACROSS THE GLOBE 1. The Historical Origins of American Regulatory Exceptionalism Reuel Schiller 2. Regulation in the European Union R. Daniel Kelemen 3. The Regulatory State in East Asia John Ohnesorge PART II RULEMAKING 4. Participation in the U.S. Administrative Process Wendy Wagner 5. Regulatory Procedure and Participation in the European Union Stijn Smismans PART III OVERSIGHT 6. Impact Assessment: Diffusion and Integration Jonathan B. Wiener and Daniel L. Ribeiro 7. Access to Information in the UK and India Ben Worthy PART IV ENFORCEMENT 8. The Campaign Enforcement Style: Chinese Practice in Context and Comparison Benjamin Van Rooij 9. Can Private Class Actions Enforce Regulations? Do They? Should They? Deborah R. Hensler PART V JUDICIAL REVIEW 10. Regulation and the Courts: Judicial Review in Comparative Perspective Francesca Bignami 11. Proportionality Review of Administrative Action in Japan, Korea, Taiwan, and China Cheng-Yi Huang and David S. Law 12. Structural Reform Litigation, Regulation and the Right to Health in Colombia Everaldo Lamprea, Lisa Forman and Audrey R. Chapman 13. The Law of Lawmaking: Positive Political Theory in Comparative Public Law Susan Rose-Ackerman, Stefanie Egidy and James Fowkes PART VI PRIVATE REGULATION AND NEW GOVERNANCE 14. The Troubling Conjunction of Public and Private Law Peter L. Strauss 15. Performance-Based Regulation: Concepts and Challenges Cary Coglianese 16. Transplanting Law in a Globalized World: Private Transnational Regulation and the Legal Transplant Paradigm Jodi L. Short PART VII INTERNATIONAL JURISDICTIONS 17. How the WTO Shapes the Regulatory State Gregory Shaffer 18. International Investment Law and Regulatory Governance Jason Yackee 19. The Emerging Post-Crisis Paradigm for International Financial Regulation David Zaring 20. The Integrated Administrative Law and Governance of the European Union Herwig C. H. Hofmann 21. Governing Disasters: The Challenge of Global Disaster Law and Policy Eric A. Feldman and Chelsea Fish Index

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

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Book SynopsisComparative Constitutional Studies takes a rich area of research and teaching and makes it attractive for the classroom setting and beyond. Every constitution has an interesting story to tell, and for this book Günter Frankenberg has selected vibrant examples that encourage readers to practise realism, demonstrate critical spirit and examine the dark side of framers' reports and normative theories.This book deals with textbook hegemons, made in Philadelphia, Tokyo, Paris and, more importantly, with other constitutions from the global south, often classified as also-ran. Constitutions reflect conflicts and experiences, political visions and anxieties, ideals and ideologies, and Frankenberg's interdisciplinary approach serves as an excellent introduction to a new transnational conversation in comparative constitutional law. Its fresh perspective will make this book as an excellent resource for scholars and students of comparative constitutional law, political science, sociology, and anthropology.Trade Review'This well-written study confirms Gunter Frankenberg's position as one of the most astute and subtle students of the methodology of comparative constitutional law. His emphasis on constitutional law as narrative, and his attention to ''other'' constitutions, not part of the field's canon, are important contributions.' --Mark Tushnet, Harvard Law School, US'Gunter Frankenberg is one of the most influential and original authors in the study of comparative constitutionalism, and this is his main contribution in the matter. Comparative Constitutional Studies is an intelligent, informed and profound book, which is called to become a must read for students and professionals in the area.' --Roberto Gargarella, Torcuato Di Tella University, Argentina'The here presented study opens our eyes to the actual histories and experiences of which constitutional texts are merely one embodiment. Shifting between the actors/voices/interests involved in constitutional design, on the one hand, and the constitutional documents on the other, Professor Frankenberg illuminates the dynamics of constitutionalism as part of locally situated and shaped, yet globally interacting societal processes. Integrating the history and theory of political ideas, the study of socio-economic transformation and the merits of anthropological ethnography, constitutionalism unfolds as a crucial dimension of social, political and legal change. This is the stuff that legal analysis should be and, here, is made of.' --Peer Zumbansen, King's College London, UKTable of ContentsContents: Preface 1. Constitutions: Between Magic and Deceit PART I Theory and Method 2. Constitutional Idiom and Design 3. Comparing Constitutions: Theory and Method PART II History and Transfer 4. Constitutional Transfer and Experimentalism 5. Constitutional Experimentalism in Nineteenth-Century Europe PART III Constitution as Order 6. Order from Conflict 7. Constituting Against Partition and Fragmentation 8. Constituting States of Exception Epilogue Index

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

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Book SynopsisConstitutions and their systems are increasingly under pressure from identity groups such as regional and national minorities. Presenting the first comparative analysis of the negotiation of constitutional demands by these groups, Vito Breda uses an innovative methodology to create a richer understanding of the pluralistic nature of modern states. Combining both political and constitutional analysis, Breda expertly analyses cases from the USA, Canada, UK, Spain, Italy, New Zealand and Australia, reviewing the practices of cooperation and litigation between these groups and central institutions. An evaluation of the implications of the Catalonian, Puerto Rican and Scottish referenda show how regionalists seek to negotiate with central governments, defined by what they consider acceptable engagements under constitutional law. Both the systems and the constitutions themselves are changing under the pressure of these groups, but what remains is the distinctive constitutional structure ensuring democratic agreements emerge from difficult negotiation processes. Timely and in-depth, this book is a vital contribution to discussion on constitutional law globally. It will also attract researchers interested in regional issues within law, political science and sociology, and particularly those who study the role of regional or nationalist movements inside democracies.Trade Review'Through a careful study of 7 cases, Breda shows how regions have been able to acquire powers of self-government through constitutional negotiations and the corresponding forms of democratic federalism these negotiations bring about in response. Required reading for anyone interested in democratic constitutional change in complex societies.' --James Tully, University of Victoria, Canada'This is a must-read book for everyone studying current federalist issues. Dr Breda perfoms a holistic analysis on the most representative federal models, guiding the reader through the key questions: why a society decides to organize itself in a federal way and which are the main challenges that the ''demos'' and the ''polity'' are really facing.' --Luis Gordillo, University of Deusto, Spain'Despite renewed interest among constitutional scholars in federalism and sub-state nationalism, the broader category of regionalism remains neglected. Vito Breda's book promises to fill this gap. It brings an insightful cross-disciplinary approach to many of the main case studies, and draws out comprehensively the range of institutional approaches which contemporary constitutionalism brings to the accommodation of regions.' --Stephen Tierney, University of Edinburgh, UKTable of ContentsContents: Acknowledgements Introduction 1. Identity-Based Constitutional Claims: Negotiating with Regionalists 2. The UK: Identity-Based Constitutional Claims in a Parliamentarian System 3. Spain: Constitutional Negotiations and Ethnocentric Nationalisms 4. Italy: Constitutional Negotiations and Tolerance in a Patrimonial Political System 5. Canada: A Multinational Constitution and the Obligation to Negotiate 6. USA: Constitutional Negotiations and Peripheral Nationalism 7. New Zealand: The Westminster Model and Meso-Governance 8. Australia: the Recognition of Aboriginal Peoples and Torres Strait Islanders Bibliography Index

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Book SynopsisThis collection, edited by a leading authority, presents key literature published in the last 30 years discussing the topic of whistleblowing law. The papers analyze the contours of the field, including perspectives from which to examine whistleblower laws, the issues arising in the implementation of these laws and the character of global whistleblower laws. These seminal works also provide an introduction to a number of disputed issues and an examination of two areas of recent interest, including national security whistleblowers and financial incentives. Along with an original introduction by the editor, this two-volume set will be an invaluable source of reference for students, academics and practitioners interested in this area.Trade Review‘How should the law handle ostensible whistleblowers? And how, if at all, should the answer differ in the national security context versus other contexts, in private versus public realms, or for government employees versus government contractors? These questions are as timely as they are difficult and important. In Whistleblowing Law, Professor Robert G. Vaughn, himself a leader in the field, assembles a formidable group of experts to address them.’ -- Heidi Kitrosser, University of Minnesota, USTable of ContentsContents: Volume I Introduction Robert G. Vaughn PART I LEGAL FRAMEWORKS A Open Government/Market Regulation 1. Terry Morehead Dworkin (2002), ‘Whistleblowing, MNCs, and Peace’, Vanderbilt Journal of Transnational Law, 35, 457–86 2. A.J. Brown, Wim Vandekerckhove and Suelette Dreyfus (2014), ‘The Relationship between Transparency, Whistleblowing, and Public Trust’, in Padideh Ala’i and Robert G. Vaughn (eds), Research Handbook on Transparency, Chapter 2, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 30–58 B Human Rights 3. Thomas Devine (1999), ‘The Whistleblower Protection Act of 1989: Foundation for the Modern Law of Employment Dissent’, Administrative Law Review, 51 (2), Spring, 531–79 4. Nancy M. Modesitt (2012), ‘The Garcetti Virus’, University of Cincinnati Law Review, 80 (1), 161–208 5. Frederick A. Elliston (1982), ‘Civil Disobedience and Whistleblowing: A Comparative Appraisal of Two Forms of Dissent’, Journal of Business Ethics, 1 (1), February, 23–28 6. Brian Martin (1999), ‘Whistleblowing and Nonviolence’, Peace and Change: A Journal of Peace Research, 24 (1), January, 15–28 C Employment/Labour Law 7. Richard Moberly (2010), ‘The Supreme Court’s Antiretaliation Principle’, Case Western Review Law Review, 61 (2), 375–452 D Perspectives 8. Robert G. Vaughn (2012), ‘Perspectives’, in The Successes and Failures of Whistleblower Laws, Chapter 15, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 286–308 PART II ENFORCEMENT AND APPLICATION OF WHISTLEBLOWER LAWS 9. Thomas M. Devine and Donald G. Aplin (1986), ‘Abuse of Authority: The Office of Special Counsel and Whistleblower Protection’, Antioch Law Review, 4, 5–71 10. Richard E. Moberly (2007), ‘Unfulfilled Expectations: An Empirical Analysis of Why Sarbanes-Oxley Whistleblowers Rarely Win’, William and Mary Law Review, 44, 65–155 11. Nancy M. Modesitt (2013), ‘Why Whistleblowers Lose: An Empirical and Qualitative Analysis of State Court Cases’, Kansas Law Review, 62 (1), October, 165–94 PART III GLOBAL WHISTLEBLOWER LAWS A National Laws 12. David Lewis (2008), ‘Ten Years of Public Interest Disclosure Legislation in the UK: Are Whistleblowers Adequately Protected?’, Journal of Business Ethics, 82 (2), October, 497–507 13. Elleta Sangrey Callahan, Terry Morehead Dworkin and David Lewis (2004), ‘Australian, U.K., and U.S. Approaches to Disclosure in the Public Interest’, Virginia Journal of International Law, 44 (3), 879–912 14. Leon Wolff (2004), ‘New Whistleblower Protection Laws for Japan’, Journal of Japanese Law, 17, 209–13 15. David Lewis and Tina Uys (2007), ‘Protecting Whistleblowers at Work: A Comparison of the Impact of British and South African Legislation’, Managerial Law, 49 (3), 76–92 B History/Culture 16. William De Maria (2006), ‘Common Law–Common Mistakes?: Protecting Whistleblowers in Australia, New Zealand, South Africa and the United Kingdom’, International Journal of Public Sector Management, 19 (7), 643¬–58 17. Donald C. Dowling, Jr. (2008), ‘Sarbanes-Oxley Whistleblower Hotlines Across Europe: Directions Through the Maze’, International Lawyer, 42 (1), Spring, 1–57 18. Heungsik Park, John Blenkinsopp, M. Kemal Okten and Ugur Omurgonulsen (2008), ‘Cultural Orientation and Attitudes Toward Different Forms of Whistleblowing: A Comparison of South Korea, Turkey and the U.K.’, Journal of Business Ethics, 82 (4), November, 929–39 C International Organizations 19. Robert G. Vaughn, Thomas Devine and Keith Henderson (2003), ‘The Whistleblower Statute Prepared for the Organization of American States and the Global Legal Revolution Protecting Whistleblowers’, George Washington International Law Review, 35, 857–902 Index Volume II Contents: An introduction to both volumes by the editor appears in Volume I PART I DISPUTED ISSUES A Anonymity 1. Frederick A. Elliston (1982), ‘Anonymity and Whistleblowing’, Journal of Business Ethics, 1 (3), August, 167–77 B Ethics 2. Kathleen Clark (2007), ‘Government Lawyers and Confidentiality Norms’, Washington University Law Review, 85, 1033–99 C Internal Disclosures 3. Richard E. Moberly (2006), ‘Sarbanes-Oxley Structural Model to Encourage Corporate Whistleblowers’, Brigham Young University Law Review, 2006 (5), 1107–80 4. Jonathan Brock (1999), ‘Full and Fair Resolution of Whistleblower Issues: The Hanford Joint Council for Resolving Employee Concerns, A Pilot ADR Approach’, Administrative Law Review, 51 (2), Spring, 497–529 PART II CONTINUING CONTROVERSIES A National Security Whistleblowers 5. Kathleen Clark (2010), ‘The Architecture of Accountability: A Case Study of the Warrantless Surveillance Program’, Brigham Young University Law Review, 2010 (2), 357–419 6. Louis Fisher (2008), ‘Extraordinary Rendition: The Price of Secrecy’, American University Law Review, 57, 1405–51 7. Stephen I. Vladeck (2011), ‘The Espionage Act and National Security Whistleblowing After Garcetti’, American University Law Review, 57, 1531–46 8. Jesselyn Radack and Kathleen McClellan (2011), ‘The Criminalization of Whistleblowing’, Labor and Employment Law Forum, 2 (1), 57–77 9. Richard Moberly (2012), ‘Whistleblowers and the Obama Presidency: The National Security Dilemma’, Employee Rights and Employment Policy Journal, 16 (1), 51–141 B Financial Incentives 10. Elletta Sangrey Callahan and Terry Morehead Dworkin (1992), ‘Do Good and Get Rich: Financial Incentives for Whistleblowing and the False Claims Act’, Villanova Law Review, 37 (2), 273–336 11. Marsha J. Ferziger and Daniel G. Currell (1999), ‘Snitching for Dollars: The Economics and Public Policy of Federal Civil Bounty Programs’, University of Illinois Law Review, 1999 (4), 1141–208 12. William E. Kovacic (1996), ‘Whistleblower Bounty Lawsuits as Monitoring Devices in Government Contracting’, Loyola of Los Angeles Law Review, 29, 1799–857 13. Aaron S. Kesselheim, David M. Studdert and Michelle M. Mello (2010), ‘Whistle-Blowers’ Experience in Fraud Litigation against Pharmaceutical Companies’, New England Journal of Medicine, 362 (19), May, 1832–39 14. Yuval Feldman and Orly Lobel (2010), ‘The Incentive Matrix: The Comparative Effectiveness of Rewards, Liabilities, Duties, and Protections for Reporting Illegality’, Texas Law Review, 88 (6), May, 1151–211 PART III RESEARCH IN THE SOCIAL SCIENCES AND THE HUMANITIES 15. David Lewis, A.J. Brown and Richard Moberly (2014), ‘Whistleblowing, Its Importance and the State of the Research’, in A.J. Brown, David Lewis, Richard Moberly and Wim Vandekerckhove (eds), International Handbook on Whistleblowing Research, Chapter 1, Cheltenham, UK and Northampton, MA: Edward Elgar Publishing, 1–34 Index

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Book SynopsisComparative constitutional law is a field of increasing importance around the world, but much of the literature is focused on Europe, North America, and English-speaking jurisdictions. The importance of Asia for the broader field is demonstrated here in original contributions that look thematically at issues from a general perspective, with special attention on how they have been treated in East Asian jurisdictions.The authors - leading comparativists from around the world - illuminate material from Asian jurisdictions on matters such as freedom of religion, constitutional courts, property rights, emergency regimes and the drafting process of constitutions. Together they present a picture of a region that is grappling with complex constitutional issues and is engaged with developments in the rest of the world, while at the same time pursuing distinctive local solutions that deserve close attention.This unique scholarly study will prove an important research tool for Asian scholars, constitutional lawyers within Asia and comparative constitutional scholars around the world.Contributors: T. Allen, J. Blount, J.A. Cheibub, S. Choudhry, R. Chowdhry, M. Clark, R. Dixon, T. Ginsburg, R. Hirschl, M. Khosla, F. Limongi, K. O'Regan, V.V. Ramraj, C. Saunders, A. Stone, M. TushnetTable of ContentsContents: 1. Introduction Rosalind Dixon and Tom Ginsburg PART I: CONSTITUTIONAL DESIGN, AMENDMENT AND INTERPRETATION 2. Participation in Constitutional Design: Asian Exceptionalism Justin Blount and Tom Ginsburg 3. Constitutional Courts in East Asia Tom Ginsburg 4. Judicial Engagement Cheryl Saunders 5. Weak-form Review and its Constitutional Relatives: an Asian Perspective Mark Tushnet and Rosalind Dixon PART II: CONSTITUTIONAL STRUCTURE 6. The Structure of Legislative-Executive Relations: Asia in Comparative Perspective José Antonio Cheibub and Fernando Limongi 7. Classical and Post-Conflict Federalism: Implications for Asia Sujit Choudhry 8. Constitutions and Emergency Regimes in Asia Victor V. Ramraj PART III: CONSTITUTIONAL RIGHTS 9. The Comparative Constitutional Law of Freedom of Expression in Asia Adrienne Stone, Rishad Chowdhry and Martin Clark 10. The Right to Property in Asia Tom Allen 11. Equality in Asia Kate O’Regan and Madhav Khosla 12. Comparative Constitutional Law and Religion in Asia Ran Hirschl Index

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Book Synopsis'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'- Tom Ginsburg, University of Chicago Law School, US'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.'- Jean Ho, National University of Singapore'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.'- J. Mark Ramseyer, Harvard Law School, USLegal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. ZangTrade Review'If any publisher can be depended upon to produce books chock full of ground-breaking research on issues pertaining to global law it must be Edward Elgar Publishing. International lawyers, scholars and academics seeking to extend their understanding of key legal systems in the Asia-Pacific region, for example, will therefore applaud this recently published title on 'Legal Innovations in Asia.'. . . Much is revealed in this fascinating volume and much can be learned from the variety of information and insightful commentary it contains, especially considering the evolutionary - and revolutionary - changes that have taken place, notably in Japan and China over the past half century since the Asian Law Centre was founded. Researchers, scholars and international lawyers seeking further insights into legal developments in Asia should certainly acquire this book.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Since at least 1980 American universities have taken the lead in publishing articles and books on Asian law in English. This book provides a worthwhile addition to that body of publications.' --i>Lawasia JournalTable of ContentsContents: Preface Introduction John O. Haley and Toshiko Takenaka PART 1: ASIAN LAW CENTER – THE FIRST HALF CENTURY 1. The First Decades, 1961-2000 John O. Haley 2. Navigating Law’s Asian Century Veronica L. Taylor 3. The Asian Law Center: An Evolution Jon Eddy PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS 4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of Japan Harald Baum PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA 5. Judicial Law-making and the Creation of Legal Norms in Japan: A Dialogue John O. Haley and Daniel H. Foote 6. The Supreme Court of Japan and Online Pharmacies Shigenori Matsui 7. Civil Procedure and Anti-modern Myths in “Harmonious Society”: China and Prewar Japan Compared Dongsheng Zang 8. Judicial Activism in China Vai Io Lo 9. The Role of Courts in “Making” Islamic Law: South and Southeast Asia Clark B. Lombardi 10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese Law Ryuichi Yamakawa 11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants? Kyoko Ishida PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA 12. The Influence of Japanese Law on Taiwan Law Tay-Sheng Wang 13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative Essay Kon Sik Kim 14. Judicial Innovation in Chinese Corporate Law Donald Clarke 15. The Influence of US and Japanese Laws upon Indonesian Law Kurnia Toha PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY 16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan’s Patent Term Extension Reform Toshiko Takenaka 17. Ethics Rather than Rights: Reconsidering “Transmit Rather than Create”: Toward a New Understanding of Korea’s Intellectual Property Rights Tradition Hyung Doo Nam 18. What are the Challenges Awaiting the Thai Government if the Bayh-Dole Act is Adopted in Thailand? Orakanoke Phanraska 19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential Medicines Tomi Suryo Utomo Index

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Book SynopsisThe role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.'- Tom Ginsburg, University of Chicago Law School, US'The Changing Role of Law in Japan is a path-breaking work of comparative legal scholarship, offering a fresh and compelling perspective on the Japanese legal system that makes it essential reading for anyone interested in the role of law in industrialized democracies. The editors present a convincing case for putting a dynamic conception of culture at the heart of comparative legal studies, while simultaneously demonstrating the wisdom of comparing Japanese law and legal institutions to their European rather than their American counterparts. This is a volume that will be read, and debated, for years to come.'- Eric A. Feldman, University of Pennsylvania Law School, USThe Changing Role of Law in Japan offers a comparative perspective on the changing role of law in East Asia, discussing issues such as society, cultural values, access to the legal system and judicial reform. This innovative book places Japan in the wider context, juxtaposed with Europe, rather than the US, for the first time.Parallel to Japan's rise to economic prominence on the world scene in the 1960s, law and legal thinking in the country have become the focus for academic research in various respects. One recurring question has been how Japan managed to become one of the most important economic actors in the world, without the legal infrastructure usually associated with complex economic activities. This book addresses many current issues that illustrate important changes in Japanese society and its political and legal systems. The authors investigate fundamental questions about the precise role of law and the courts in Japan, and try to go beyond the classical paradigm that attributes the particularities of Japan to its unique culture or its exceptional position. The various contributions to this book all demonstrate the importance of challenging existing conceptions and revisiting them through meticulous socio-legal and empirical research.This book will appeal to scholars of sociology of law, international studies and those interested in a transnational approach to the legal framework. Graduate students dealing with law in Asia, intellectual property, patent law and competition law will also find much relevance in this interesting and stimulating book.Contributors: V. Gessner, R. Hamano, E. Herber, A. Hirata, S. Kozuka, J. Maesschalck, T. Mihira, M. Murayama, D. Nelken, I. Ozaki, S. Parmentier, T. Suami, H. Takahashi, S. Vande Walle, D. Vanoverbeke, E. van ZimmerenTrade Review‘The role of culture in the operation of Japanese law is one of the great questions of sociolegal studies. Discussions tend to polarize, between a simplistic view of cultural determinism and a more universalist approach that emphasizes institutions. This superb collection, with a diverse and accomplished set of contributors, takes culture seriously. It shows how legal institutions have both shaped and been shaped by Japanese legal culture. A state-of-the art assessment of Japanese law after more than a decade of reforms, this book is a must for anyone interested in understanding legal culture more broadly.’ -- Tom Ginsburg, University of Chicago Law School, US‘The Changing Role of Law in Japan is a path-breaking work of comparative legal scholarship, offering a fresh and compelling perspective on the Japanese legal system that makes it essential reading for anyone interested in the role of law in industrialized democracies. The editors present a convincing case for putting a dynamic conception of culture at the heart of comparative legal studies, while simultaneously demonstrating the wisdom of comparing Japanese law and legal institutions to their European rather than their American counterparts. This is a volume that will be read, and debated, for years to come.’ -- Eric A. Feldman, University of Pennsylvania Law School, US‘The Changing Role of Law in Japan is an outstanding collection of articles that investigate how and why the law in action has evolved (and sometimes has been maintained in spite of institutional or social changes) in Japanese society. This volume addresses various topics, including civil litigation, alternative dispute resolution, criminal justice, business and economic law, administrative process, and the legal profession. Furthermore, it comprises 15 articles contributed by legal and sociolegal scholars across the world. These facts serve to indicate that readers will definitely gain new perspectives on the Japanese legal system.’ -- Social Science Japan JournalTable of ContentsContents: 1. The Changing Role of Law in Japan: Empirical Studies in Culture, Society and Policy-Making: An Introduction Dimitri Vanoverbeke, Jeroen Maesschalck, Stephan Parmentier and David Nelken PART I: SETTING THE SCENE 2. Legal Culture and Social Change David Nelken 3. State/Society Synergies in Western and Japanese Economic and Judicial Reform Volkmar Gessner 4. Law, Culture and Society in modernizing Japan Ichiro Ozaki 5. Reforms of the Judiciary in Japan at the Start of the Twenty-first Century: Initial Assessment of an Ongoing Process Dimitri Vanoverbeke and Takao Suami PART II: THE LEGAL TURN? GROWING LEGALISM IN CONTEMPORARY JAPAN 6. Law in a Changing Economy: Law of Trade Credit and Security Interests in Context Souichiro Kozuka 7. Toward an Understanding of the ‘Japanese’ Way of Dispute Resolution: How is it Different from the West? Hiroshi Takahashi 8. Between ‘Benevolent Paternalism’ and Genbatsuka: Diversity in Japanese Criminal Justice Erik Herber PART III: THE TURN TO COURTS? A CHANGING ROLE FOR LEGAL ACTORS 9. Regulatory Enforcement of Environmental Law in Japan: An Analysis of the Implementation of the Water Control Pollution Act Ayako Hirata 10. Access to Attorneys in Japan and Judicial Reform Ryo Hamano 11. Institutional Change and Judicial Review in Contemporary Japan Tsukasa Mihira 12. Law in Japan: Culture, Situation and Behaviour Masayuki Murayama PART IV: THE (RE)TURN TO EUROPE? SIGNS OF CONVERGENCE 13. What Keeps Plaintiffs Away from the Court? An Analysis of Antitrust Litigation in Japan, Europe and the US Simon Vande Walle 14. Revisiting Japanese Exceptionalism within the Context of ‘Dynamic Patent Governance’: A Comparative Analysis of the Japanese and European Patent System Esther van Zimmeren 15. Rule of Law and Human Rights in the Context of the EU–Japan Relationship: Are Both the EU and Japan Really Sharing the Same Values? Takao Suami Index

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Book SynopsisEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. TopoTrade Review'A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.' --Kazuo Seguno, President, Japan Institute for Labour Policy and Training'This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers' representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.' --Sir Bob Hepple, QC, FBA, University of Cambridge, UKTable of ContentsContents: Introduction to the Comparative Labor Law Handbook Guy Mundlak and Matthew Finkin PART I COMPARING LABOR LAW 1. The Rich Panoply of Sources of Labor Law: National, Regional and International Marilyn J. Pittard and Stuart Butterworth 2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures? Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa 3. The Challenge to Comparative Labor Law in a Globalized Era Kerry Rittich and Guy Mundlak PART II THEMATIC COMPARISONS 4. The Subjects of Labor Law: “Employees” and Other Workers Guy Davidov, Mark Freedland and Nicola Kountouris 5. Who is an Employer? Luisa Corazza and Orsola Razzolini 6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno 7. Legal Protection for Employee Mobility Alan Hyde and Emanuele Menegatti 8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union Kevin Banks, Roberta Nunin and Adriana Topo 9. Job Loss Joanna Howe, Esther Sanchez and Andrew Stewart 10. Freedom of Association Alan Bogg and K.D. Ewing 11. Employee Voice Outside Collective Bargaining Monika Schlachter and Achim Seifert PART III REGIONAL COMPARISONS 12. European Union Labour Law and the European Social Model: A Critical Appraisal Frank Hendrickx and Stefano Giubboni 13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe Erika Kovács, Nikita Lyutov and Leszek Mitrus 14. Building BRICS of Success? Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran Index

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Book SynopsisTransparency'' has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies - such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.'- Susan Rose-Ackerman, Yale University Law School, US'For me this book could have been titled Everything I Ever Wanted To Know About Transparency Policy And Law But Didn t Know Enough To Ask. It is masterful and unmatched in depth, scope, and acuity. It convincingly analyzes the complexities of transparency on a comparative basis in terms of goals, culture and government, legal approaches, and global governance. What is transparency? What can it be? What are its consequences? How can it be promoted and regulated? Henceforth no one should seriously attempt to address such questions without first reading this outstanding book.'- David H. Rosenbloom, School of Public Affairs, American University, USIn recent years the concept of transparency has received much attention, but few have approached the topic from a critical standpoint. This Handbook explores the different meanings and applications of transparency and their many implications.The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives. Some chapters emphasize cultural and national aspects of the issue, with country-specific examples from China, Mexico, the US and the UK, while others focus on transparency within global organizations such as the World Bank and the WTO. A number of relevant legal considerations are also discussed, including freedom of information laws, financial disclosure of public officials and whistleblower protection.A diverse and unique volume, the Research Handbook on Transparency will prove an essential reference for scholars, policy makers, practitioners and legal reform advocates.Contributors: Padideh Ala'i, J. Ackerman, A.J. Brown, K. Clark, M. D'Orsi, S. Dreyfus, C. Embree, E. Fisher, H.P. Glenn, H. Ala Hamoudi, J.W. Head, D.B. Hunter, W. Liu, J.S. Lubbers, D.J. Metcalfe, S. Routray, I.E. Sandoval, W. Vandekerckhove, R.G. VaughnTrade Review‘”Transparency” has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies – such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.' -- Susan Rose-Ackerman, Yale University Law School, US‘For me this book could have been titled Everything I Ever Wanted To Know About Transparency Policy And Law — But Didn’t Know Enough To Ask. It is masterful and unmatched in depth, scope, and acuity. It convincingly analyzes the complexities of transparency on a comparative basis in terms of goals, culture and government, legal approaches, and global governance. What is transparency? What can it be? What are its consequences? How can it be promoted and regulated? Henceforth no one should seriously attempt to address such questions without first reading this outstanding book.’ -- David H. Rosenbloom, School of Public Affairs, American University, USTable of ContentsCONTENTS: INTRODUCTION PART I FRAMEWORKS FOR TRANSPARENCY 1. Transparency and Closure H. Patrick Glenn 2. The Relationship between Transparency, Whistleblowing and Public Trust A. J. Brown, Wim Vandekerckhove and Suelette Dreyfus 3. Exploring the Legal Architecture of Transparency Elizabeth Fisher 4. The Associations of Judicial Transparency with Administrative Transparency Robert G. Vaughn PART II CULTURAL AND NATIONAL PERSPECTIVES ON TRANSPARENCY 5. Opposing Legal Transparency in Dynastic China: The Persuasive Logic of Confucianist Views on Legal Opaqueness John W. Head 6. Transparency and the Shi’i Clerical Elite Haider Al Hamoudi 7. Transparency under Dispute: Public Relations, Bureaucracy, and Democracy in Mexico Irma Eréndira Sandoval 8. When Transparency Meets Politics: The Case of Mexico’s Electoral Ballots John Mill Ackerman 9. The Role of the Courts in China’s Progress Toward Transparency Liu Wenjing PART III. LEGAL APPROACHES TO TRANSPARENCY 10. The History of Government Transparency Daniel J. Metcalfe 11. The Long and Winding Road to Transparency in the UK Shonali Routray 12. Transparency in Policymaking—The (Mostly) Laudable Example of the U.S. Rulemaking System Jeffrey S. Lubbers 13. Faux Transparency: Ethics, Privacy, and the Demise of the STOCK Act’s Massive Online Disclosure of Employees’ Finances Kathleen Clark and Cheryl Embree PART IV. GLOBAL GOVERNANCE AND TRANSPARENCY 14. Transparency at the World Bank Daniel J. Metcalfe 15. The Emerging Norm of Transparency in International Environmental Governance David B. Hunter 16. Transparency in International Economic Relations and the Role of the WTO Padideh Ala'i & Matthew D'Orsi Index

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Book SynopsisThis rigorous and comprehensive study sheds light on an underappreciated tool of legal regulation. Using a comparative perspective that seamlessly integrates jurisprudential and policy analysis, Ranchordás has made a major contribution to our understanding of the interaction of law and time.'- Tom Ginsburg, University of Chicago Law School, US'At what point does a legislature's delegation of 'experimental' regulatory power to the executive constitute an abdication of the legislature's essential role in a representative democracy? At what point does it violate such crucial principles as legal certainty, equal treatment, or proportionality? What are the implications for this kind of experimentalist governance 'beyond law'? These are just some of the questions that this important book seeks to answer. Using the German, Dutch and US experiences as her point of entry, Sofia Ranchordás has produced a deeply researched comparative study full of illuminating examples and rich insights into the phenomenon of sunset clauses and experimental legislation and regulation. Ranchordás's book will be a great resource to legal scholars, social scientists and historians who seek to understand the changing nature of the legislative function, as well as the crucial normative issues it raises.'- Peter L. Lindseth, University of Connecticut, School of Law, US'This book provides a comprehensive look at sunset clauses and experimental legislation. Thorough and well-researched, the book makes a valuable contribution to the study of these important and controversial, yet understudied, legislative instruments. The book should be of great interest to scholars, students and practitioners in the fields of legislation, regulation, public law and public policy.'- Ittai Bar-Siman-Tov, Bar-Ilan University Faculty of Law, IsraelThis innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordás presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation.The author begins with a comprehensive history of sunset clauses and experimental legislation, along with a clear explanation of their characteristics and potential uses. She then analyzes the relationship between these legislative instruments and a number of fundamental legal principles, including legal certainty, equal treatment, proportionality and separation of powers. This thorough exploration of sunset clauses and experimental regulations places them within a broader legal context and makes a compelling case for their increased use.Scholars and students of comparative law, regulation and public policy will all find this book a fascinating and useful resource.Trade Review‘This is a superb publication and a wonderful contribution to? ?the literature. The book is thought-provoking and makes the reader reconsider the traditional perception of “permanent legislation compared? ?to a more dynamic, flexible, and evidence-based lawmaking.? ?The book is a must-have for anyone interested in legislation, and? ?would be of great interest to those interested in regulation, constitutional? ?law, comparative law, and legal theory. It will be useful not only? ?for academics, but also for legislators and regulators.’ -- American Journal of Comparative Law?‘This rigorous and comprehensive study sheds light on an underappreciated tool of legal regulation. Using a comparative perspective that seamlessly integrates jurisprudential and policy analysis, Ranchordás has made a major contribution to our understanding of the interaction of law and time.’ -- Tom Ginsburg, University of Chicago Law School, US‘At what point does a legislature's delegation of 'experimental' regulatory power to the executive constitute an abdication of the legislature's essential role in a representative democracy? At what point does it violate such crucial principles as legal certainty, equal treatment, or proportionality? What are the implications for this kind of experimentalist governance "beyond law"? These are just some of the questions that this important book seeks to answer. Using the German, Dutch and US experiences as her point of entry, Sofia Ranchordás has produced a deeply researched comparative study full of illuminating examples and rich insights into the phenomenon of sunset clauses and experimental legislation and regulation. Ranchordás's book will be a great resource to legal scholars, social scientists and historians who seek to understand the changing nature of the legislative function, as well as the crucial normative issues it raises.’ -- Peter L. Lindseth, University of Connecticut, School of Law, US‘This book provides a comprehensive look at sunset clauses and experimental legislation. Thorough and well-researched, the book makes a valuable contribution to the study of these important and controversial, yet understudied, legislative instruments. The book should be of great interest to scholars, students and practitioners in the fields of legislation, regulation, public law and public policy.’ -- Ittai Bar-Siman-Tov, Bar-Ilan University Faculty of Law, Israel‘For lawyers and for jurisprudents especially, this is a book to explore, savour, analyse and discuss. . . As a valid, effortful and carefully researched contribution to the study of jurisprudence, this book merits a place in the professional library of many a practitioner, especially those specializing in international law.’ -- The Barrister MagazineTable of ContentsContents: PART I INTRODUCING SUNSET CLAUSES AND EXPERIMENTAL LEGISLATION 1. Lawmaking in a Time of Change 2. The Past and Present of Sunset Clauses and Experimental Legislation 3. Separation of Powers, Delegation and a Legality Framework PART II LEGAL FRAMEWORK 4. The Principle of Legal Certainty 5. The Principle of Equal Treatment 6. The Principle of Proportionality PART III BEYOND THE LAW 7. Sunset Clauses and Experimental Legislation beyond the Law PART IV CONCLUSION Index

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Book SynopsisThe contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.Trade Review'The law of the employment contract and relationship has been and remains a very fruitful subject for comparative research and writing as between Common Law jurisdictions. Gordon Anderson, Douglas Brodie, and Joellen Riley have, by taking a deeply combined perspective upon this topic from Australia, New Zealand, and the United Kingdom, made a very significant and historically intelligent contribution to the existing literature.' --Mark Freedland, University of Oxford, UK'A masterful, comprehensive comparison - not lacking in normative content - of the commonalities and differences in judge-made employment law in Australia, New Zealand, and the United Kingdom, with occasional glances at Canada. It sweeps across the employment relationship exploring the intricate dialogue between courts and legislatures. Threaded throughout is the judicial treatment of managerial prerogative in the wake of legislative change. The book is a key source for students of comparative employment law.' --Matthew W. Finkin, University of Illinois at Urbana-Champaign, USTable of ContentsContents: Preface Table of Cases Table of Statutes 1. Introduction 2. Development and character of the contract of employment 3. Defining the employee 4. Changing and alternative modes of employment 5. Statutory and incorporated terms 6. Fairness of the bargain and allocation of risk 7. Fidelity, mutual trust and confidence and fair dealing 8. The work/personal interface 9. Employee mobility 10. Security in Employment 11. Common Law Remedies 12. Conclusions Index

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Book SynopsisIt is becoming ever more apparent that the enforcement of environmental law is a key problem of environmental law and policy. While the number of legal instruments at international, European and national level continue to increase, the actual enforcement of the relevant law remains insufficient, seriously impairing the effectiveness of environmental law.Based on the assumption that nothing undermines the credibility of public authorities more than law that is not applied, this research review analyses the most important articles on the enforcement of international, EU and national environmental law that approach the issue from multiple angles and endeavour to provide solutions for improvement. The review will be a valuable tool for scholars and practitioners as it provides acute insight into existing concerns and intends to stimulate discussion on possible ways to reform and bolster environmental law enforcement.Trade Review‘This Research Collection by Ludwig Krämer fills a gap in the legal research related to the enforcement of environmental law. It provides a well reasoned and comprehensive collection of the existing literature on this topic, analysed from different perspectives (international, European and national) as well as covering different aspects, ranging from methodological to substantive issues. The book represents an indispensable reference point for all scholars interested in understanding the most relevant aspects and the most important lessons to be learnt related to the enforcement of environmental law.’ -- Massimiliano Montini, University of Siena, ItalyTable of ContentsContents: Introduction Ludwig Krämer PART I STRATEGIES, PHILISOPHY, GENERAL QUESTIONS 1. Cheryl E. Wasserman (1990), ‘An Overview of Compliance and Enforcement in the United States: Philosophy, Strategies and Management Tools’, International Enforcement Workshop, May 8–10, 1990: Proceedings, Chapter I, Volume I, Utrecht, the Netherlands: Ministry of Housing, Physical Planning and Environment, and Washington, DC, USA: United States Environmental Protection Agency, 7–45 2. Gertrude Lübbe-Wolff (2001), ‘Efficient Environmental Legislation - On Different Philosophies of Pollution Control in Europe’, Journal of Environmental Law, 13 (1), 79–87 3. Richard Macrory (2013), ‘Sanctions and Safeguards: The Brave New World of Regulatory Enforcement’, Current Legal Problems, 66 (1), 233–66 4. Marcia E. Mulkey (2004), ‘Judges and Other Lawmakers: Critical Contributions to Environmental Law Enforcement’, Sustainable Development Law and Policy, IV (1), Spring, 2–16 5. Lesley K. McAllister, Benjamin van Rooij and Robert A. Kagan (2010), ‘Reorienting Regulation: Pollution Enforcement in Industrializing Countries’, Law and Policy, 32 (1), January, 1–13 PART II ENFORCEMENT AND PUBLIC AUTHORITIES 6. David M. Konisky (2007), ‘Regulatory Competition and Environmental Enforcement: Is There a Race to the Bottom?’, American Journal of Political Science, 51 (4), October, 853–72 7. Reiner-Jörg Hüper (2004), ‘Application of Criminal Environmental Law in Germany’, in Françoise Comte and Ludwig Krämer (eds), Environmental Crime in Europe: Rules of Sanctions, Chapter 14, Groningen, Germany: Europa Law Publishing, 149, 151–58 8. K.J. de Graaf and J.H. Jans (2007), ‘Colloquium Article: Liability of Public Authorities in Cases of Non-Enforcement of Environmental Standards’, Pace Environmental Law Review, 24 (2), Summer, 377–98 9. United States Environmental Protection Agency (2011), ‘EPA Must Improve Oversight of State Enforcement’, Report No. 12-P-0113, December 9, 2011, Chapter 2, Washington, DC, USA: United States Environmental Protection Agency, 6–24 10. Eugene Mazur (2011), ‘Environmental Enforcement in Decentralised Governance Systems: Toward a Nationwide Level Playing Field’, OECD Environment Working Papers No.34, Paris, France: OECD Publishing, i, 9–40 PART III ENFORCEMENT OF INTERNATIONAL AGREEMENTS 11. Jutta Brunnée (2005), ‘Enforcement Mechanisms in International Law and International Environmental Law’, elni Review, 1, 1–12 12. Michael Bothe (1996), ‘The Evaluation of Enforcement Mechanisms in International Environmental Law: An Overview’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 13–38 13. Winfried Lang (1996), ‘Trade Restrictions as a Means of Enforcing Compliance with International Environmental Law: Montreal Protocol on Substances that Deplete the Ozone Layer’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 265–83 14. Alexandra González-Calatayud and Gabrielle Marceau (2002), ‘The Relationship between the Dispute-Settlement Mechanisms of MEAs and those of the WTO’, Review of European Community and International Environmental Law, 11 (3), November, 275–86 15. Gebhard Kirchgässner and Ernst Mohr (1996), ‘Trade Restrictions as Viable Means of Enforcing Compliance with International Environmental Law: An Economic Assessment’, in Rüdiger Wolfrum (ed.), Enforcing Environmental Standards: Economic Mechanisms as Viable Means?, Berlin and Heidelberg, Germany: Springer, 199–226 16. Veit Koester (2007), ‘The Compliance Committee of the Aarhus Convention: An Overview of Procedures and Jurisprudence’, Environmental Policy and Law, 37 (2–3), 83–96 17. Jonas Ebbesson (2007), ‘Implementing and Enforcing the Baltic Sea Convention Through European Community Law’, in Martin Führ, Rainer Wahl and Peter von Wilmowsky (eds), Umweltrecht und Umweltwissenschaft: Festschrift für Eckard Rehbinder, Berlin, Germany: Erich Schmidt Verlag, 693–704 18. Peter H. Sand (2013), ‘Enforcing CITES: The Rise and Fall of Trade Sanctions’, Review of European Community and International Environmental Law, 22 (3), November, 251–63 PART IV ENFORCING EU ENVIRONMENTAL LAW 19. Koen Lenaerts and José A. Gutiérrez-Fons (2011), ‘The General System of EU Environmental Law Enforcement’, Yearbook of European Law, 30 (1), 3–41 20. Ken Collins and David Earnshaw (1992), ‘The Implementation and Enforcement of European Community Environment Legislation’, Environmental Politics, Special Issue: A Green Dimension for the European Community: Political Issues and Processes, 1 (4), November, 213–49 21. Liam Cashman (2006), ‘Commission Compliance Promotion and Enforcement in the Field of the Environment’, Journal for European Environmental and Planning Law, 3 (5), 385–94 22. Brian Jack (2011), ‘Enforcing Member State Compliance with EU Environmental Law: A Critical Evaluation of the Use of Financial Penalties’, Journal of Environmental Law, 23 (1), March, 73–95 23. Martin Hedemann-Robinson (2012), ‘EU Enforcement of International Environmental Agreements: The Role of the European Commission’, European Energy and Environmental Law Review, 21 (1), February, 2–30 24. Suzanne Kingston (2013), ‘Mind the Gap: Difficulties in Enforcement and the Continuing Unfulfilled Promise of EU Environmental Law’, in European Perspectives on Environmental Law and Governance, Chapter 7, Abingdon, UK and New York, NY, USA: Routledge, 147–76 PART V ENFORCEMENT BY CIVIL SOCIETY 25. Jan Darpö (2013), ‘Effective Justice? Synthesis Report of the Study on the Implementation of Articles 9(3) and 9(4) of the Aarhus Convention in Seventeen of the Member States of the European Union’, in Jan H. Jans, Richard Macrory and Angel-Manuel Moreno Molina (eds), National Courts and EU Environmental Law, Chapter 8, Groningen, the Netherlands: Europa Law Publishing, 167, 169–212 26. Jan H. Jans and Albert T. Marseille (2010), ‘The Role of NGOs in Environmental Litigation against Public Authorities: Some Observations on Judicial Review and Access to Court in the Netherlands’, Journal of Environmental Law, 22 (3), 373–90 27. Jennifer Cassel (2007), ‘Enforcing Environmental Human Rights: Selected Strategies of US NGOs’, Northwestern Journal of International Human Rights, 6 (1), Fall, 104–27 28. Ludwig Krämer (2014), ‘EU Enforcement of Environmental Laws: From Great Principles to Daily Practice – Improving Citizen Involvement’, Environmental Policy and Law, 44 (1–2), 247–56 29. Christian Schall (2008), ‘Public Interest Litigation Concerning Environmental Matters before Human Rights Courts: A Promising Future Concept?’, Journal of Environmental Law, 20 (3), 417–53 PART VI SPECIFIC COUNTRIES 30. Joel A. Mintz (2013), ‘Assessing National Environmental Enforcement: Some Lessons from the United States' Experience’, Georgetown International Environmental Law Review, 26 (1), Fall, 1–12 31. Christopher N. Behre (2003), ‘Mexican Environmental Law: Enforcement and Public Participation Since the Signing of NAFTA’s Environmental Cooperation Agreement’, Journal of Transnational Law and Policy, 12 (2), Spring, 327–43 32. Carlos Wing-Hung Lo, Gerald E. Fryxell, Benjamin van Rooij, Wei Wang and Pansy Honying Li (2012), ‘Explaining the Enforcement Gap in China: Local Government Support and Internal Agency Obstacles as Predictors of Enforcement Actions in Guangzhou’, Journal of Environmental Management, 111, November, 227–35 33. Benjamin van Rooij and Carlos Wing-Hung Lo (2010), ‘Fragile Convergence: Understanding Variation in the Enforcement of China's Industrial Pollution Law’, Law and Policy, 32 (1), January, 14–37 34. Liam Cashman (2013), ‘Commission Enforcement of EU Environmental Legislation in Ireland: A 20-Year Retrospective’, in Suzanne Kingston (ed.), European Perspectives on Environmental Law and Governance, Chapter 8, Abingdon, UK and New York, NY, USA: Routledge, 177–96 35. Michael G. Faure and Katarina Svatikova (2010), ‘Enforcement of Environmental Law in the Flemish Region’, European Energy and Environmental Law Review, 19 (2), April, 60–79 PART VII SPECIFIC INSTRUMENTS 36. Victor B. Flatt and Paul M. Collins Jr. (2011), ‘Environmental Enforcement in Dire Straits: There Is No Protection for Nothing and No Data for Free’, Environmental Law Reporter, 41 (8), 10679–85 37. Michael Bothe (2006), ‘Ensuring Compliance with Multilateral Environmental Agreements – Systems Of Inspection and External Monitoring’, in Ulrich Beyerlin, Peter-Tobias Stoll and Rüdiger Wolfrum (eds), Ensuring Compliance with Multilateral Environmental Agreements: A Dialogue Between Practitioners and Academia, Leiden, the Netherlands and Boston, MA: Koninklijke Brill NV, 247–58 38. Wayne B. Gray and Jay P. Shimshack (2011), ‘The Effectiveness of Environmental Monitoring and Enforcement: A Review of the Empirical Evidence’, Review of Environmental Economics and Policy, 5 (1), Winter, 3–24 39. Marjan Peeters (2006), ‘Enforcement of EU Greenhouse Gas Emissions Trading Scheme’, in Marjan Peeters and Kurt Deketelaere (eds), EU Climate Change Policy: The Challenge of New Regulatory Initiatives, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing Ltd, 169–87 40. Michael Watson (2006), ‘The Use of Criminal and Civil Penalties to Protect the Environment: A Comparative Study’, European Environmental Law Review, 15 (4), April, 108–13 Index

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Book SynopsisThe increasing transnationalisation of regulation - and social life more generally - challenges the basic concepts of legal and political theory today. One of the key concepts being so challenged is authority. This discerning book offers a plenitude of resources and suggestions for meeting that challenge. Chapters by leading scholars from a wide variety of disciplines confront the limits of traditional state-based conceptions of authority, and propose new frameworks and metaphors. They also reflect on the methodological challenges of the transnational context, including the need for collaboration between empirical and conceptual analysis, and the value of historicising authority. Examining the challenge offered by transnational authority in a range of specific contexts, including security, accounting, banking and finance, and trade, Authority in Transnational Legal Theory analyzes the relations between authority, legitimacy and power. Furthermore, this book also considers the implications of thinking about authority for other key concepts in transnational legal theory, such as jurisdiction and sovereignty. Comprehensive and engaging, this book will appeal to both legal academics and students of law. It will also prove invaluable to political scientists and political theorists interested in the concept of authority as well as social scientists working in the field of regulation.Contributors include: P.S. Berman, R. Cotterrell, K. Culver, M. Del Mar, M. Giudice, N. Jansen, N. Krisch, S.F. Moore, H. Muir Watt, H. Psarras, S. Quack, N. Roughan, M. Troper, N. WalkerTrade Review'For a subject the editors acknowledge to be as yet unformed, this book provides an impressive collection of substantive contributions, offering sometimes tentative, sometimes bold perspectives that range across its contested terrain. The immense significance of the subject and its potentially far-reaching implications are clearly accessible through the quality of these contributions. The prospects for an informed appreciation of the subject's future development are reinforced by the editors' own careful introductory commentary and measured concluding reflections.' --Andrew Halpin, National University of SingaporeTable of ContentsContents: Introduction Roger Cotterrell and Maksymilian Del Mar PART I CONCEIVING AUTHORITY: CHALLENGING AND DEFENDING TRADITIONAL APPROACHES 1. Authority, Solid and Liquid, in Postnational Governance Nico Krisch 2. Claims to Authority, Legal Systems, and Dynamic Social Phenomena Keith Culver and Michael Giudice 3. The Modern State and the Concept of Authority Michel Troper 4. Law’s Authority and Overlapping Jurisdictions Haris Psarras PART II CONSTITUTIONALISM AND PLURALISM 5. The Antinomies of Constitutional Authority Neil Walker 6. The Evolution of Global Legal Pluralism Paul Schiff Berman PART III HISTORICISING AUTHORITY 7. Informal Authorities in European Private Law Nils Jansen 8. Imaginaries of Authority: Towards an Archaeology of Disagreement Maksymilian Del Mar PART IV METHODS: NORMATIVE, SOCIOLOGICAL, AND ANTHROPOLOGICAL 9. Transnational Legal Authority: A Socio-Legal Perspective Roger Cotterrell 10. From Authority to Authorities: Bridging the Social / Normative Divide Nicole Roughan 11. When Transnational Authority is Contingent: Three African Instances Sally Falk Moore PART V THE PRIVATISATION OF AUTHORITY AND THE INTERNATIONAL ECONOMY 12. Theorising Transnational Authority: A Private International Law Perspective Horatia Muir Watt 13. Expertise and Authority in Transnational Governance Sigrid Quack Concluding Reflections: Transnational Futures of Authority Roger Cotterrell and Maksymilian Del Mar Index

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Book SynopsisNoel Semple's outstanding book Legal Services Regulation at the Crossroads: Justitia's Legions is an exceptional overview, critique, and reevaluation of lawyer regulation in the common law world. He clearly and concisely delineates the widening regulatory gulf between North American jurisdictions (which he calls 'professionalist-independent') and the rest of the common law world (the 'competitive-consumerist' approach). Semple compares these approaches and presents a fair and persuasive defense of the American and Canadian model, as well as some sensible suggestions for possible improvements. If you seek to understand the current state of lawyer regulation in the common law world, you have found your guide.'- Benjamin Barton, The University of Tennessee, US'I have been delighted to have been able to observe, and discuss with, Professor Noel Semple the evolution of this outstanding book over the past three years. In my view, there is no comparable treatment of the regulation of legal services in North America that is as comprehensive in its substantive coverage, broadly interdisciplinary in the perspectives it engages, and original in the insights it offers.'- Extract from the foreword by Michael Trebilcock, University of Toronto, CanadaWho should be allowed to provide legal services to others? What characteristics must these services possess? Through a comparative study of English-speaking jurisdictions, this book illuminates the policy choices involved in legal services regulation and the important consequences of these choices.Regulation can protect the interests of clients and the public, and reinforce the rule of law. On the other hand, it can undermine access to justice and suppress innovation, whilst failing to accomplish its lofty ambitions. In this book, Noel Semple offers a pathway towards increasing regulation's benefits and reducing its burdens. A client-centric approach to legal services regulation can enhance access to justice and service quality, while revitalizing legal professionalism, self-regulation, and independence.This book is both a comparative study of legal services regulation in the common law world, and an agenda for regulatory reform. Legal Services Regulation at the Crossroads will benefit legal scholars with an interest in access to justice, professional responsibility and legal ethics. Practitioners in legal services regulation will find the comprehensive agenda for reform a pragmatic point of reference.Trade Review‘. . . Professor Semple has become the go-to expert on legal regulation. . . . While scholarly, Legal Services Regulation at the Crossroads would be good reading for anyone interested in knowing more about self-regulation and the legal profession. It should likely be on the shelf of academic and law society libraries.’ -- Canadian Law Library Review‘Noel Semple's outstanding book Legal Services Regulation at the Crossroads: Justitia's Legions is an exceptional overview, critique, and reevaluation of lawyer regulation in the common law world. He clearly and concisely delineates the widening regulatory gulf between North American jurisdictions (which he calls "professionalist-independent") and the rest of the common law world (the "competitive-consumerist" approach). Semple compares these approaches and presents a fair and persuasive defense of the American and Canadian model, as well as some sensible suggestions for possible improvements. If you seek to understand the current state of lawyer regulation in the common law world, you have found your guide.’ -- Benjamin Barton, The University of Tennessee, US‘I have been delighted to have been able to observe, and discuss with, Professor Noel Semple the evolution of this outstanding book over the past three years. In my view, there is no comparable treatment of the regulation of legal services in North America that is as comprehensive in its substantive coverage, broadly interdisciplinary in the perspectives it engages, and original in the insights it offers.’ -- Extract from the foreword by Michael Trebilcock, University of Toronto, CanadaTable of ContentsContents: Part I: Regulation in the Common Law World 1: Introduction 2: Legal Services Regulation in the Common Law World 3: Four Policy Choices for Legal Services Regulation 4 : Tradition and Reform in Legal Services Regulation Part II : Does Professionalist-Independent Regulation Have a Future? 5: Regulatory Failure 6: Access to Justice Part III: The Case for Professionalist-Independent Regulation 7: Professionalism 8: Independence Part IV: A Path Forward 9: Client-centricity in Legal Services Regulation 10: Professionalism and Independence Renewed Index

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