Comparative law Books

Book SynopsisThis incisive book gives a comprehensive overview of the regulation of consumer credit in both the US and the UK. It covers policy, procedure and the dynamics of the consumer credit relationship to advocate for a balanced approach in achieving more effective consumer protection. Sarah Brown traces the development of the consumer credit relationship on both sides of the Atlantic, analysing the underlying rationale and policy themes that continue to inform the shaping of the regulatory agenda. The author compares the ways in which the consumer credit relationship is now managed, including supervisory frameworks and the roles of regulators, and provides new perspectives on current arguments in credit consumer protection. Important topical issues such as unfairness, over-indebtedness, predatory lending, vulnerability and questions of responsibility are addressed, before concluding with a recommendation for the best way forward based on a balance of interests. Researchers and students aiming to understand the processes and broader aspects of consumer credit regulation will find this book invaluable, particularly those with an interest in comparative analysis in this context. It will also prove useful to US and UK policy-makers considering future approaches and reform, as well as practitioners interested in frameworks of consumer credit protection.Trade Review'Based on the consistent and thoughtful comparison of UK and US consumer credit regulation, this book offers new and inspiring reading on many of the foundational issues of consumer credit law. The author compares not only the development of policy choices and supervisory frameworks, but also topical consumer protection challenges, like the protection of vulnerable consumers and the importance of responsible lending. Credit lawyers, consumer lawyers and comparative lawyers will all find the book enjoyable and useful.' --Thomas Wilhelmsson, University of Helsinki, Finland'Dr. Sarah Brown has produced a contemporary and innovative commentary on the relationship between the provision of credit and its consumers. The monograph is written just over a decade since the 2007-2009 financial crisis and provides an invaluable discussion on the negative consequences that can arise from the vibrant consumer credit market. The comparison between the UK and the USA provides a fascinating and absorbing exploration of a wide range of inter-disciplinary and inter-connected issues. The book is extremely well written and presents an excellent level of analysis and commentary. The central themes of the text are clearly illustrated and the research reaches several well thought out and constructed conclusions. Dr. Brown must be commended for producing an outstanding monograph that offers a unique and timely analysis.' --Nicholas Ryder, University of the West of England, UKTable of ContentsContents: Preface Acknowledgements 1. Introduction 2. Development of transatlantic consumer credit, regulation and policy 3. Policy and themes in managing the consumer credit relationship 4. The regulatory and supervisory frameworks for consumer credit 5. Persona, vulnerability and responsibility in the consumer credit relationship 6. Protection in creating of the consumer credit relationship 7. Rescuing the credit consumer: remedies and questions of fairness 8. Conclusion Index

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Book SynopsisComparative Corporate Governance considers the impact of globalization on corporate governance issues and highlights how, despite the effect it has clearly had, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the tensions that exist between convergence attempts and the persistence of local models of governance in the US, Europe and Asia. Veronique Magnier assesses institutional, cultural and sociological factors as features of the disparities in governance. She does so by addressing the three main areas of tension in the legal aspects of corporate governance: theoretical pressure, which pits shareholder primacy against models advocating for greater participation of large corporations in general economic welfare; technical regulation, such as integrating corporate governance codes into national legal systems; and the need for context and reflection when transplanting governance approaches to different countries. Varying economic, societal and cultural environments make it vital to contextualize corporate governance in order to better understand how governance models operate in a globalized world. Lawyers, academics and advanced students of law looking to improve their understanding of corporate governance will find this a diverse and rewarding read.Table of ContentsContents: Part I. Corporate governance legal models 1. Legal aspects of corporate governance models 2. Worldwide adoption of corporate governance models Part II. Corporate governance codes 3. A new regulatory technique for global corporations 4. The integration of codes into national legal systems 5. The efficiency of corporate governance codes Part III. Corporate governance standards 6. Standards from shareholders’ perspective 7. Standards from directors’ perspective Index

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Book SynopsisThe issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.'- David Gerber, Illinois Institue of Technology, US'This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.'- Michal S. Gal, University of Haifa, IsraelThis new book addresses important current problems and challenges arising from a large variety of state-initiated restraints. Beyond state-owned enterprises, rules on government procurement and the control of state subsidies, the contributions also analyze forms of regulation that either distort competition or manage to introduce competition in the market.The contributions of leading competition law scholars cover state-initiated restraints of competition in many jurisdictions, including the US, the EU, Australia, and Asian and Latin American countries.Competition and trade law scholars will find this book both relevant and insightful. Regulators and competition agencies, representatives of international organizations and competition law practitioners will also find this to be an invaluable resource of information from which they can take new inspiration.Contributors: A. Barrionuevo, G. Bercovici, L. Bettencourt Nunes, S. Chakravarthy, T.K. Cheng, C. Curiel Leidenz, J. Drexl, P. Dutra, D. Healey, T. Jaeger, M.M. Leitão Marques, G. Oliveira, R.J.R. Peritz, S. Vezzoso, T. Zuñiga FernándezTrade Review‘The issue of competition law's role in relation to state-owned enterprises is at the center of many discussions of competition law today, especially in regard to China, but in numerous other countries as well. Often the issue is oversimplified as one of mere opposition between state-owned enterprises and the objectives of competition law. That opposition exists, but the issues are often far more complex, and they involve fundamental current developments in the relationship between government and the economy. This book is masterful in identifying the range of issues involved and in analyzing the experiences and tensions in this relationship. It has a broad range, and several of the contributions are exceptionally insightful. All are very useful.’ -- David Gerber, Illinois Institue of Technology, US‘This book is an important and most welcome contribution to the study of state-initiated restraints on competition. It gathers together leading academics in order to recognize and suggest tools to ensure that such restraints do not restrict competition in a way which reduces welfare. Accordingly, the book provides important insights on how to identify such restraints in different settings, some of which are intentional and well recognized and some of which are not. It then suggests principled approaches to reduce such restraints, based, inter alia, on case studies from around the world, including Australia, India, the EU, the US and Brazil. It is highly recommended for anyone interested in the role states play in creating restraints on competition.’ -- Michal S. Gal, University of Haifa, IsraelTable of ContentsContents: Preface PART I STATE-OWNED ENTERPRISES 1. Competitive Neutrality: Addressing Government Advantage in Australian Markets Deborah Healey 2. Petrobràs: State Monopoly and Competition Policy Gilberto Bercovici 3. The Principle of Subsidiarity as the Essential Restriction on Peruvian State Business Activity under Pro-Competitive Conditions Tania Zuñiga Fernández 4. The Competition Dimension of the European Regulation of Public Sector Information and the Concept of an Undertaking Josef Drexl PART II PRO-COMPETITIVE REGULATION 5. Deepening the Freedom of Services Through Pro-Competitive Regulation: The Case of the EU Services Directive Maria Manuel Leitão Marques and Leonor Bettencourt Nunes 6. Abuse of Administrative Monopoly in China Thomas K. Cheng 7. The Competition Policy Dimension of the Regulation of Water and Sanitation Services in Brazil Gesner Oliveira 8. Pro-Competitive Regulation of Personal Data Protection in the EU Simonetta Vezzoso PART II ANTI-COMPETITIVE MARKET INTERVENTION AND REGULATION 9. The Suppression of the Competition Policy Agenda in the Context of an Over-Regulated Economy: The Case of Venezuela Claudia Curiel Leidenz 10. Competition and the Imposition of Investment Targets in the Brazilian Pay-TV Market Arthur Barrionuevo and Pedro Dutra 11. Intellectual Property Rights: From State-Initiated Restraints of Competition to State-Initiated Competition Rudolph J.R. Peritz PART IV PUBLIC PROCUREMENT AND STATE SUBSIDIES 12. Benefits of Competition Policy in Public Procurement with Special Reference to India S. Chakravarthy 13. Distinguishing State and Private Subsidies: A Closer,Look at the State Character Test Thomas Jaeger INDEX

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Book SynopsisProfessor Stazi's volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on 'patentability of life' - both in the EU and the USA - is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.'- Alberto Musso, University of Bologna, Italy'The appropriate protection of biotechnological inventions and the so-called 'patentability of life' are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi's book is thus a very timely contribution, managing the 'tour de force' of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.'- Christophe Geiger, CEIPI, University of Strasbourg, FranceIn today's technological world, biotechnology is one of the most innovative and highly invested-in industries for research, in the field of science. This book analyzes the forms and limitations of patent protection recognition for biotechnological inventions, with particular regard to patentability of life.The author expertly compares the United States model, traditionally based on technical evaluations, with the European model, inspired by fundamental rights and bioethics. He highlights how the regulation of biotechnological inventions should guarantee a fair balance between protection of investment and access to information, which is essential for further research and innovation.Academics and practitioners dealing with intellectual property, patent law and biotechnological inventions will find this book to be of interest. The topics discussed will also be useful for patent offices and medical institutions, as well as medical researchers.Trade Review‘Professor Stazi’s volume on biotechnological inventions is an excellent work that any scholar or practitioner in this complex area of law should not only read, but also frequently consult. This detailed, systematic and comprehensive explanation of the provisions on “patentability of life” – both in the EU and the USA – is combined with the related theories and constructions as well as the relevant case law. In this regard, the author offers a balanced overview of the relevant provisions and their explicit or implied exceptions.’ -- Alberto Musso, University of Bologna, Italy‘The appropriate protection of biotechnological inventions and the so-called “patentability of life” are one of the most crucial questions of modern intellectual property. It is also one of the most debated, as it involves not only complex legal issues but raises high social, ethical and even sometimes religious concerns. Professor Stazi’s book is thus a very timely contribution, managing the “tour de force” of combining serious and comparative doctrinal analysis of the criteria (and the limits) of patentability, while at the same time offering a good overview of the challenges with regard to bioethics and fundamental rights. Without any doubt, this volume will enrich the already excellent series on New Directions in Patent Law.’ -- Christophe Geiger, CEIPI, University of Strasbourg, FranceTable of ContentsContents: 1. Patent Protection of Biotechnological Inventions and the Limits of Patentability 2. Interventions on Human Genetic Material: Legal and Bioethical Issues 3. The Evolution of the Discipline and Problematic Issues in the United States of America 4. The Evolution of the Discipline and Problematic Issues in Europe Conclusions Index

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Book SynopsisCapital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods. Examining key issues in the theory and practice of capital gains taxation in a general context, this book also provides a detailed analysis of the tax systems of Australia, Canada, China, India, the Netherlands, New Zealand, South Africa, the UK and the US. It questions whether capital gains should be taxed in the same way as ordinary income, considers the rate at which they ought to be taxed, if indeed they should be at all, and compares the taxation on realisation of capital gains versus on an accruals basis. Eloquent and astute, Capital Gains Taxation will be a crucial point of reference for students and scholars of tax law and policy. Its pragmatic approach will also benefit tax practitioners, policy-makers and tax authorities.Contributors include: R. Avi-Yonah, P. Baker, M. Bowler-Smith, D. Duff, C. Elliffe, S. Griffiths, E.C.C.M. Kemmeren, M. Littlewood, A. O'Connell, J. Roeleveld, D.P. Sengupta, D. White, Y. Xu, D. ZelikTable of ContentsContents: Preface Michael Littlewood and Craig Elliffe 1. Capital gains taxes — a comparative survey Michael Littlewood 2. The impact of economic theory on capital gains tax reform proposals David White 3. International aspects of capital gains taxation Craig Elliffe 4. Australia Ann O’Connell 5. Canada David G. Duff 6. China Yan Xu 7. India D.P. Sengupta 8. The Netherlands Eric C.C.M. Kemmeren 9. New Zealand Shelley Griffiths 10. South Africa Jennifer Roeleveld 11. The United Kingdom Philip Baker QC and Mark Bowler-Smith 12. The United States Reuven S. Avi-Yonah and Dmitry Zelik Index

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Book Synopsis'This collection is a timely survey of the role of constitutional courts in comparative perspective - it provides an excellent summary of developments in a range of jurisdictions, and locates them in a broader social and political context. Among other factors, it considers global trends toward increasing international and regional human rights protection, increased recognition of second and third generation rights, and trends toward decentralization in democratic governance. It is bound to be of broad interest to both comparative constitutional lawyers and scholars.'- Rosalind Dixon, University of New South Wales, AustraliaConstitutional review has become an essential feature of modern liberal democratic constitutionalism. In particular, constitutional review in the context of rights litigation has proved to be most challenging for the courts. By offering in-depth analyses on changes affecting constitutional design and constitutional adjudication, while also engaging with general theories of comparative constitutionalism, this book seeks to provide a heightened understanding of the constitutional and political responses to the issue of adaptability and endurance of rights-based constitutional review.These original contributions, written by an array of distinguished experts and illustrated by the most up-to-date case law, cover Australia, Belgium, Finland, France, Hungary, Ireland, Italy, Spain, the United Kingdom and the United States, and include constitutional systems that are not commonly studied in comparative constitutional studies. Providing structured analyses, the editors combine studies of common law and civil law jurisdictions, centralized and decentralized systems of constitutional review, and large and small jurisdictions.This multi-jurisdictional study will appeal to members of the judiciary, policy-makers and practitioners looking for valuable insights into the case law of a range of constitutional and supreme courts in this rapidly expanding field of constitutional adjudication. It also serves as an excellent resource for academics, scholars and advanced students in the fields of law, human rights and political science.Contributors: J. Bell, E. Carolan, C. Chandrachud, A. Kavanagh, C. Kelly, J. Lavapuro, T. Ojanen, M.-L. Paris, P. Passaglia, A.R. Robledo, M. Rosenfeld, M. Scheinin, J. Stellios, R. Uitz, M. Verdussen, M. ZagorTrade Review'This collection provides a fresh picture of the situation of constitutional review in a broad set of jurisdictions. The chapters demonstrate powerful shifts toward a model of constitutional review to protect individual rights, but they also quite admirably elaborate on the tensions, divergences, pressures and triumphs in each country. A superb introduction to judicial review in an important set of countries.' --Tom Ginsburg, University of Chicago'Even well-established systems of constitutional review in Anglo-European legal systems have undergone significant change over the past few decades. These valuable essays provide an overview of those developments, and bring out especially clearly the increasing importance of ''dialogic'' forms of constitutional review, the penetration of transnational law into domestic constitutional systems, and important changes specific to individual national systems, all of which will make this collection helpful to scholars of comparative constitutional law.' --Mark Tushnet, Harvard University'Bell and Paris have brought together a galaxy of talent to help comparative lawyers and political scientists understand the fast moving world of rights-based review. Detailed chapters explaining recent developments in Ireland, the United Kingdom, Italy, Spain, Hungary, Belgium, France, Australia, Finland, and the United States provide a valuable introduction to those who seek to catch-up with developments, and a rich analysis of those developments for those already immersed in them. This is a most welcome addition to comparative constitutional scholarship.' --Christopher McCrudden FBA, Queen's University, Belfast, UK and University of Michigan Law SchoolTable of ContentsContents: Preface Setting the Scene: Elements of Constitutional Theory and Methodology of the Research Marie-Luce Paris PART I BILLS OF RIGHTS AND ACTS OF INCORPORATION: US EXCEPTIONALISM AND ADAPTATION OF THE PARLIAMENTARY MODEL 1. The United States of America: A Comparativist Critique of US Judicial Review of Fundamental Rights Cases: Exceptionalisms, Paradoxes and Contradictions Michel Rosenfeld 2. The United Kingdom: Rights-based Constitutional Review in the UK: From Form to Function Chintan Chandrachud and Aileen Kavanagh 3. Ireland: Leaving Behind the Commonwealth Model of Rights Review: Ireland as an Example of Collaborative Constitutionalism Eoin Carolan A Tale of Two Rights-based Reviews or how the European Convention on Human Rights Act 2003 has Impacted on the Irish Model of Review Cliona Kelly 4. Australia: Australian Constitutionalism and the UK-style Dialogue Model of Human Rights Protection James Stellios Adventures in the Grey Zone: Constitutionalism, Rights and the Review of Executive Power in the Migration Context Matthew Zagor 5. Finland: Intermediate Constitutional Review in Finland: Promising in Theory, Problematic in Practice Juha Lavapuro, Tuomas Ojanen and Martin Scheinin PART II CONSTITUTIONAL COURTS AND CONSTITUTIONAL REFORMS: SPECIFIC EUROPEAN EXPERIENCES TOWARDS AN EVOLUTION OF THE KELSENIAN MODEL 6. Italy: The Italian System of Constitutional Review: A Kelsenian Model Moving Towards a Decentralized Model? Paolo Passaglia 7. Spain: The Spanish Experience of Rights-based Review or how Constitutional Case Law has been More Principled than Legislation in Defence of Fundamental Rights Agustín Ruiz Robledo 8. France: The French System of Rights-based Review: From Exceptionalism to Parochial Constitutionalism Marie-Luce Paris 9. Belgium: The Belgian Experience of Rights-based Review: Has the Constitutional Court Become a Body Subordinated to the European Court of Human Rights? Marc Verdussen 10. Hungary: The Illusion of a Constitution in Europe: The Hungarian Constitutional Court after the Fifth Amendment of the Fundamental Law Renáta Uitz PART III CONCLUSION 11. Comparative Law and Fundamental Rights John Bell Index

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Book SynopsisIn today's legal environment, copyright licensing requires an international perspective. Licensors in both emerging and developed markets must have a detailed understanding of cross-border practices. Cross-Border Copyright Licensing provides a select guide to copyright licensing practices in a number of jurisdictions, addressing key cross-border considerations.Key features include: chapter by chapter analysis of licensing legislation in the most frequently encountered jurisdictions including: China, the EU, India, Mexico, Russia, Singapore, South Africa and the USA discussion of the inter-relation between copyright licensing and competition law clear delineation of the most relevant and critical legal issues relating to licensing practice across the named jurisdictions allowing for ease of reference contributions from expert practitioners with invaluable first hand knowledge of international licensing practices. This book will prove a valuable resource for lawyers who are implementing or enforcing a copyright licensing scheme, acting as a first point of reference on cross-border issues. Scholars of Intellectual Property will also find the text to be a useful guide on international regulations and practices.Contributors include: A. Apostolidis, H. Blignaut, K. Golish, P.G. Granados, E. Hochstadt, B. Kalra, B. Lindner, R. Lukyanov, T. Misra, L.C. Nian, D.S. Nocetti, J.B. Nordemann, T. Pattloch, S. Rab, A. Risely, W. Strong, K. Sysoeva, K. TsuruTrade Review‘Practical and easy to read, Cross-Border Copyright Licensing: -- Law and Practice is sure to become an indispensable resourcefor those engaged in international copyright licensing.’– Intellectual Property Forum‘The book gives a handy and comprehensive overview of the legal issues to consider when licensing copyright in each territory. This includes the approach of the national courts to important questions such as jurisdiction and choice of law. More practical considerations such as collecting societies are considered as well as related rights such as image rights, moral rights and performers rights. In some cases, other rights such as patents get a special mention, particularly where the law is still developing and the likely approach toward copyright can be seen from patent law developments.’ -- Rosie Burbidge, The IPKatTable of ContentsContents: Preface 1. China Thomas Pattloch 2. European Union Brigitte Lindner and Jan Bernd Nordemann 3. India Binny Kalra, Tanvi Misra and Suzanne Rab 4. Mexico Kiyoshi Tsuru, Deyanirr Solorio Nocetti and Patricio Gondález Granados 5. Russia Roman Lukyanov and Ksenia Sysoeva 6. Singapore Lam Chung Nian and Andrew Riseley 7. South Africa Herman Blignaut and Alexis Apostolidis 8. United States of America William S. Strong, Eric Hochstadt and Kayleigh Golish Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovács, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. YehTrade Review‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’ -- – Yseult Marique, Review of European Administrative LawTable of ContentsContents: Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman 3. Politics and Agencies in the Administrative State: the US Case Peter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 5. Comparative Positive Political Theory and Empirics M. Elizabeth Magill and Daniel R. Ortiz 6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany Andreas Voßkuhle and Thomas Wischmeyer 7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco D’Alberti 8. Hungary’s Post-Socialist Administrative Law Regimes Krisztina Kovács and Kim Lane Scheppele PART II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016) Arun Kumar Thiruvengadam 14. A Comparison of US and European Independent Commissions Martin Shapiro PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING 15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman 16. The Rise of Reason Giving in American Administrative Law Jerry Mashaw 17. The 2015 French Code of Administrative Procedure: An Assessment Dominique Custos 18. Three Generations of Administrative Procedures Javier Barnes 19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss 20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno 21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty Giulio Napolitano 22. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 24. Proportionality Review in Administrative Law Jud Mathews 25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola 26. The Powers and Duties of the French Administrative Law Judge Jean Massot 27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review Michael Asimow and Yoav Dotan 28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts? Athanasios Psygkas 29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa Cheng-Yi Huang 30. Legal Management of Urban Space in Japan and the Role of the Judiciary Narufumi Kadomatsu 31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas Perroud PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. PUBLIC AND PRIVATE 32. Three Questions of Privatization Daphne Barek-Erez 33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson 35. Transnational Non-State Regulation and Domestic Administrative Law Victor V. Ramraj B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU 36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power Peter Cane 37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission Johannes Saurer 38. Administrative Discretion in the EU: Comparative Perspectives Joana Mendes 39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies Herwig C.H. Hofmann and Jens-Peter Schneider 40. The Constitutional Basis of EU Administrative Law Matthias Ruffert 41. What’s in a Label? The EU as “Administrative” and “Constitutional” Peter L. Lindseth Index

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Book SynopsisA comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts - spearheaded by the first edition - to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation. Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovács, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T. Wischmeyer, J.-r. YehTrade Review‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’ -- – Yseult Marique, Review of European Administrative LawTable of ContentsContents: Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman 3. Politics and Agencies in the Administrative State: the US Case Peter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 5. Comparative Positive Political Theory and Empirics M. Elizabeth Magill and Daniel R. Ortiz 6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany Andreas Voßkuhle and Thomas Wischmeyer 7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco D’Alberti 8. Hungary’s Post-Socialist Administrative Law Regimes Krisztina Kovács and Kim Lane Scheppele PART II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh 13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016) Arun Kumar Thiruvengadam 14. A Comparison of US and European Independent Commissions Martin Shapiro PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING 15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman 16. The Rise of Reason Giving in American Administrative Law Jerry Mashaw 17. The 2015 French Code of Administrative Procedure: An Assessment Dominique Custos 18. Three Generations of Administrative Procedures Javier Barnes 19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss 20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno 21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty Giulio Napolitano 22. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 24. Proportionality Review in Administrative Law Jud Mathews 25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola 26. The Powers and Duties of the French Administrative Law Judge Jean Massot 27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review Michael Asimow and Yoav Dotan 28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts? Athanasios Psygkas 29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa Cheng-Yi Huang 30. Legal Management of Urban Space in Japan and the Role of the Judiciary Narufumi Kadomatsu 31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas Perroud PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. PUBLIC AND PRIVATE 32. Three Questions of Privatization Daphne Barek-Erez 33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby 34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson 35. Transnational Non-State Regulation and Domestic Administrative Law Victor V. Ramraj B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU 36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power Peter Cane 37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission Johannes Saurer 38. Administrative Discretion in the EU: Comparative Perspectives Joana Mendes 39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies Herwig C.H. Hofmann and Jens-Peter Schneider 40. The Constitutional Basis of EU Administrative Law Matthias Ruffert 41. What’s in a Label? The EU as “Administrative” and “Constitutional” Peter L. Lindseth Index

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Book SynopsisThe need for innovative thinking about alternative constitutional experiences is evident, and readers of Comparative Constitutional Theory will find in its pages a compendium of original, theory-driven essays. The authors use a variety of theoretical perspectives to explore the diversity of global constitutional experience in a post-1989 world prominently marked by momentous transitions from authoritarianism to democracy, by multiple constitutional revolutions and devolutions, by the increased penetration of international law into national jurisdictions, and by the enhancement of supra-national institutions of governance. Scholars around the globe will be interested in this book's unique discussion of comparative constitutional theory, and students and college professors will appreciate the accessibility of the chapters and the placement of the United States in comparative focus.Contributors include: W.-C. Chang, J.I. Colón-Riós, V. Ferreres Comella, J.E. Finn, S. Gardbaum, M.A. Graber, G. Halmai, J. Hiebert, G. Jacobsohn, J. King, H. Klug, D. Landau, D.S. Law, J. McLean, J.-W. Müeller, D. Robertson, Y. Roznai, C. Saunders, M. Schor, H. Schweber, S. Tierney, A. Torres Pérez, M. Tushnet, J. WeinribTrade Review'Masterfully curated by Gary Jacobsohn and Miguel Schor, this unique collection features new essays by many of the most insightful comparative constitutional scholars writing today. Comparative Constitutional Theory advances our understanding of how people living in different political settings conceptualize and address constitutional dilemmas that are common to most modern political systems. It is a handbook that every serious student of comparative constitutionalism should read.' --Ran Hirschl, University of Toronto, CanadaTable of ContentsContents: 1. Introduction: The Comparative Turn in Constitutional Theory Gary Jacobsohn and Miguel Schor PART I CONSTITUTIONAL STRUCTURES AND RIGHTS 2. What is Judicial Supremacy? Stephen Gardbaum 3. Federalism and Constitutional Theory Stephen Tierney 4. Theoretical Underpinnings of Separation of Powers Cheryl Saunders 5. Constitutional Dialogue and Judicial Supremacy Miguel Schor 6. Judicial Dialogue and Fundamental Rights in the European Union: A Quest for Legitimacy Aida Torres Pérez 7. Parliamentary Bills of Rights: Have They Altered the Norms for Legislative Decision-Making? Janet L. Hiebert 8. Social Rights in Comparative Constitutional Theory Jeff King 9. Human Dignity and its Critics Jacob Weinrib PART II CONSTITUTIONAL INTERPRETATION 10. The Counter-Majoritarian Thesis David Robertson 11. Legal Pragmatism and Comparative Constitutional Law David Landau 12. Beyond the Principle of Proportionality Victor Ferreres Comella 13. Text and Textualism: Religious Establishment in the United States Supreme Court and the European Court of Human Rights Howard Schweber 14. Reception, Context, and Identity: A Theory of Cross-National Jurisprudence Heinz Klug PART III CONSTITUTIONAL CHANGE 15. “We the People”, “Oui, the People”, and the Collective Body: Perceptions of Constituent Power Yaniv Roznai 16. Amendment Theory and Constituent Power Mark Tushnet 17. Anchoring and Sailing: Contrasting Imperatives of Constitutional Revolution Gary Jacobsohn 18. Theorising About Formal Constitutional Change: The Case of Latin America Joel I. Colón-Riós 19. Transitional Justice, Transitional Constitutionalism, and Constitutional Culture Gábor Halmai PART IV ISSUES IN CONSTITUTIONALISM 20. The Unwritten Constitution Janet McLean 21. Militant Democracy and Constitutional Identity Jan-Werner Müeller 22. Some Notes on Inclusive Constitution-Making, Citizenship, and Civic Constitutionalism John E. Finn 23. Race and American Constitutional Exceptionalism Mark A. Graber 24. Constitutional Dissonance in China Wen-Chen Chang and David S. Law Index

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Book SynopsisGathering and analyzing of information is a responsibility that police intelligence units are thought to do in relative isolation. Intelligence work in the United States and Europe, however, has been significantly transformed in recent years into a more collaborative process that melds the police with a mix of outsiders to make the practice of acquiring and assessing information more democratic. This volume examines how this partnership paradigm has transformed the ways in which participants gather, analyze and use intelligence for security problems ranging from petty nuisances and violent crimes to urban riots, organized crime and terrorism.The book's expert contributors provide a comparative look at police intelligence by exploring how emerging collaborative ventures have reshaped the way police define and prioritize public safety concerns. The book compares local security partnerships in both centralized and decentralized systems, presenting an unparalleled discussion of police intelligence not only in the English-speaking world, but also in countries like Germany and France, whose adoption of this collaborative paradigm has seldom been studied. Ultimately, this book provides a timely debate about the effectiveness of intelligence gathering tactics and the legitimacy of police tactics and related procedural justice concerns. Because this book situates itself at the intersection of several disciplines, it will find an audience in multiple fields. Its diverse readership includes scholars and students of policing and security studies in law schools, criminal justice programs and political science and sociology departments. Other significant audiences will include professionals and researchers in comparative law, comparative criminal procedure and the study of law and society.Contributors include: H. Aden, A. Barker, A. Crawford, J. de Maillard, T. Delpeuch, R. Epstein, J.A. Fagan, J. Gauthier, F. Lemieux, P. Manning, T.T. Meares, C. Mouhanna, C. Perras, J.E. Ross, S.J. Schulhofer, W.G. Skogan, N. Tilley, T. TyleTable of ContentsContents: I. INTRODUCTION 1. Introduction: The Collaborative Analysis of Intelligence Thierry Delpeuch and Jacqueline E. Ross PART II NETWORKS OPEN TO PARTICIPANTS OUTSIDE OF LAW ENFORCEMENT: THE INFLUENCE OF LOCAL SECURITY PARTNERSHIPS ON INTELLIGENCE ANALYSIS 2. Beat Meetings, Responsiveness to the Community, and Police Effectiveness in Chicago Wesley G. Skogan 3. The Joint Production of Intelligence in Local Security Partnerships: French Initiatives in Local Risk Management Thierry Delpeuch, Renaud Epstein and Jacqueline Ross 4. Information as a Form of Democratic Participation in Policing: Some Critical Reflections on the Role and Use of Online Crime Maps in the United Kingdom Anna Barker 5. The English and Welsh Experiment in Democratic Governance of Policing through Police and Crime Commissioners: a Misconceived Venture or a Good Idea, Badly Implemented? Adam Crawford 6. Intelligence-led Policing and the Disruption of Organized Crime: Motifs, Methods and Morals Nick Tilley 7. Democratic Policing: Case Working and Intelligence Peter Manning PART III POLICE TACTICS, LEGITIMACY, AND INTELLIGENCE 8. Street Stops and Police Legitimacy in New York Jeffrey Fagan, Tom R. Tyler and Tracy T. Meares 9. Enhancing Effectiveness in Counterterrorism Policing Stephen J. Schulhofer 10. Cultural Profiling? Police Prevention and Minorities in Berlin Jérémie Gauthier 11. Governing the Police by Numbers: The French Experience Jacques de Maillard and Christian Mouhanna PART IV “CLOSED” PARTNERSHIPS OPEN ONLY TO LAW ENFORCEMENT PROFESSIONALS: INTERNATIONAL SECURITY NETWORKS 12. Within Transnational Policing Systems: integration and adaptation mechanisms used by foreign liaison officers deployed in Washington DC Frederic Lemieux and Chantal Perras 13. The Role of Trust in the Exchange of Police Information in the European Multilevel System Hartmut Aden PART V CONCLUSION 14. A Pluralist Perspective on Intelligence Regimes Thierry Delpeuch and Jacqueline E. Ross Index

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Book SynopsisThis research review provides thought-provoking discussion of the most influential papers in the field of comparative property law. These articles have played an essential role in shaping property law discourse on both a national and global level. The review carefully examines different concepts and aspects of property, including theoretical approaches and comparative perspectives, followed by a series of key constitutional questions. This structure offers the reader the opportunity to trace the evolution of comparative property law through the global legal community. Students, teachers and practitioners will find this analysis both a fascinating read and a helpful tool in thoroughly understanding the central, yet profoundly puzzling topic of comparative property law.Trade Review‘Through a stimulating compilation of break-through essays by outstanding legal scholars, this collection traces the history of legal ideas regarding and surrounding property. By identifying the link between old and new research perspectives on property law, the volumes take the reader from a static dimension and analysis of property, to a modern, dynamic, global and comparative approach to it.’ -- – Mauro Bussani, Univeristy of Trieste, Italy and University of Macao, S.A.R of the P.R. of ChinaTable of ContentsContents: Introduction Antonio Gambaro PART I HISTORICAL BACKGROUND OF CONTEMPORARY DISCOURSES 1. Peter Birks (1985), ‘The Roman Law Concept of Dominium and the Idea of Absolute Ownership’, Acta Juridica, 1985, 1–37 2. Carol M. Rose (1998–99), ‘Canons of Property Talk, or, Blackstone’s Anxiety’, Yale Law Journal, 108 (3), December, 601–32 PART II PROPERTY IN MODERN THEORY 3. Wesley Newcomb Hohfeld (1913), ‘Some Fundamental Legal Conceptions as Applied in Judicial Reasoning’, Yale Law Journal, 23 (1), November, 16–59 4. Wesley Newcomb Hohfeld (1917), ‘Fundamental Legal Conceptions as Applied in Judicial Reasoning, Yale Law Journal, 26 (8), June, 710–70 5. A. M. Honoré (1961), ‘Ownership’, in A. G. Guest (ed.), Oxford Essays in Jurisprudence: A Collaborative Work, Chapter V, London, UK: Oxford University Press, 107–47 6. Guido Calabresi and A. Douglas Melamed (1972), ‘Property Rules, Liability Rules, and Inalienability: One View of the Cathedral’, Harvard Law Review, 85 (6), April, 1089–1128 7. Bernard Rudden (1994), ‘Things as Thing and Things as Wealth’, Oxford Journal of Legal Studies, 14 (1), Spring, 81–97 8. Amnon Lehavi (2008), ‘The Property Puzzle’, Georgetown Law Journal, 96 (6), August, 1987–2027 9. Henry E. Smith (2012), ‘Property as the Law of Things’, Harvard Law Review, 125 (7), May, 1691–1726 10. Thomas W. Merrill (2012), ‘Property as Modularity’, Harvard Law Review, 125 (7), May, 151–63 11. Christian von Bar and Ulrich Drobnig (2004), ‘Law of Things or Property Law?’, in The Interaction of Contract Law and Tort and Property Law in Europe: A Comparative Study, Part 2: Section 1, Munich, Germany: Sellier European Law Publishers, 317–20 12. Anna di Robilant (2013), ‘Property: A Bundle of Sticks or a Tree?’, Vanderbilt Law Review, 66 (3), April, 869–932 PART III COMPARATIVE OVERVIEW 13. John Henry Merryman (1974), ‘Ownership and Estate (Variation on a Theme by Lawson)’, Tulane Law Review, 48, 916–45 14. Ugo Mattei (2000), ‘Preface’ and ‘History’, in Basic Principles of Property Law: A Comparative Legal and Economic Introduction, Preface and Chapter 1, Westport, CT, USA: Greenwood Press, xi–xiv, 1–27 15. Sjef van Erp (2006), ‘Comparative Property Law’, in Mathias Reimann and Reinhard Zimmermann, The Oxford Handbook of Comparative Law, Part III, Chapter 32, New York, NY, USA: Oxford University Press, 1044–70 16. Francesco Parisi (2002), ‘Entropy in Property’, American Journal of Comparative Law, 50 (3), Summer, 595–632 17. Michael Trebilcock and Paul-Erik Veel (2008), ‘Property Rights and Development: The Contingent Case for Formalization’, University of Pennsylvania Journal of International Law, 30 (2), 397–481 18. Anna di Robilant (2014), ‘Property and Democratic Deliberation: The Numerus Clausus Principle and Democratic Experimentalism in Property Law’, American Journal of Comparative Law, 62 (2), Spring, 301–350 19. Yun-chien Chang and Henry E. Smith (2015), ‘Structure and Style in Comparative Property Law’, in Theodore Eisenberg and Giovanni B. Ramello (eds), Comparative Law and Economics, Part II, Chapter 6, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 131–60 Volume II Contents: Introduction An introduction to both volumes by the editor appears in Volume I PART I PROPERTY PROBLEMS IN COMPARATIVE PERSPECTIVES 1. Michael A. Heller (1998), ‘The Tragedy of the Anticommons: Property in the Transition from Marx to Markets’, Harvard Law Review, 111 (3), January, 621–88 2. Thomas W. Merrill and Henry E. Smith (2000), ‘Optimal Standardization in the Law of Property: The Numerus Clausus Principle’, Yale Law Journal, 110 (1), October, 1–70 3. Sjef van Erp (2003), ‘A Numerus Quasi-Clausus of Property Rights as a Constitutive Element of a Future European Property Law?’, Electronic Journal of Comparative Law, 7 (2), June, accessed on 7th December 2016, 1–12, http://www.ejcl.org/72/abs72-2.html 4. Christian von Bar (2014), ‘The Numerus Clausus of Property Rights: A European Principle?’, in Louise Gullifer and Stefan Vogenauer (eds), English and European Perspectives on Contract and Commercial Law: Essays in Honour of Hugh Beale, Chapter 23, Oxford, UK and Portland, OR, USA: Hart Publishing Ltd, 441–54 5. Henry Hansmann and Ugo Mattei (1998), ‘The Functions of Trust Law: A Comparative Legal and Economic Analysis’, New York University Law Review, 73 (2), May, 434–79 6. Michele Graziadei, Ugo Mattei and Lionel Smith (2005), ‘Commercial Trusts in European Private Law: The Interest and Scope of the Enquiry’, in Commercial Trusts in European Private Law, Part 1: Chapter 1, New York, NY, USA: Cambridge University Press, 3–44 7. Michael Milo and Jan Smits (2000), ‘Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law’, European Review of Private Law, 8 (3), 421–26 8. Daniel Clarry (2014), ‘Fiduciary Ownership and Trusts in a Comparative Perspective’, International and Comparative Law Quarterly, 63 (4), October, 901–33 9. J. W. Harris (1996), ‘Who Owns My Body’, Oxford Journal of Legal Studies, 16 (1), Spring, 55–84 10. Antonio Gambaro (2013), ‘Community, State, Individuals and the Ownership of Cultural Objects’, in Jorge A. Sánchez Cordero (ed.), The 1970 UNESCO Convention: New Challenges, Mexico City, Mexico: Universidad Nacional Autónoma de México, 135–49 11. Ulrich Bälz (1997), ‘Fundamental Changes in the Protection of Property – Some Comparative Reflections’, Tel Aviv University Studies in Law, 13, 221–30 PART II CONSTITUTIONAL PROPERTY 12. Charles A. Reich (1964), ‘The New Property’, Yale Law Journal, 73 (5), April, 733–87 13. Frank I. Michelman (1967), ‘Property, Utility, and Fairness: Comments on the Ethical Foundations of “Just Compensation” Law’, Harvard Law Review, 80 (6), April, 1165–1258 14. Frank I. Michelman (1996), ‘Socio-Political Functions of Constitutional Protection for Private Property Holdings (In Liberal Political Thought)’, in G. E. Van Maanen and A. J. van der Walt (eds), Property Law on the Threshold of the 21st Century, Antwerp, Belgium and Apeldoorn, the Netherlands: MAKLU Uitgevers, 433–50 15. Carol M. Rose (2000), ‘Property and Expropriation: Themes and Variations in American Law’, Utah Law Review, 2000 (1), 1–38 16. Gregory S. Alexander (2006), ‘Lessons for American Takings Jurisprudence’, in The Global Debate over Constitutional Property: Lessons for American Takings Jurisprudence, Chapter 5, Chicago, IL, USA: University of Chicago Press, 199–243, 303–12 17. James Y. Stern (2013), ‘Property’s Constitution’, California Law Review, 101 (2), April, 277–326 Index

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Book SynopsisThe Changing Concept of 'Family' and Challenges for Domestic Family Law explores the changing concept of 'family', with the current social, political, medical and scientific challenges for domestic family law discussed in over 20 European jurisdictions. National reports describe the current law and legal development for 'horizontal' (the law of relationships between adults such as marriage, divorce, cohabitation, same-sex relationships), 'vertical' (the law governing the relationships between adults and children, such as parentage including artificial reproductive techniques and surrogacy, parental responsibility and adoption) and individual (the law of names and recognition of gender identity) family law. They show that, while considerable legal and societal diversity still exists within Europe, family law, in many areas, is developing along similar lines, with a convergence towards a European family law.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Contributors: G. Douglas, L. Francoz Terminal, T. Keller, O. Khazova, G. Kubi ková, A. Lamarca Marquès, D. Martiny, K. McK Norrie, B. Novak, E. Örücü, J.M. Scherpe, I. Schwenzer, B. Sloan, T. Sverdrup, F. Swennen, O. Szeibert, M. Giovanna E. ZervogianniTrade Review‘The four volumes that make up this monumental project represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘This collection is remarkable for its organisation and presentation of a mass of complex material (including recommendations for further reading) which will not only inform, but stimulate those interested in the development of family law in a multi-national context. It must form an essential part of any library covering modern family law. In providing this, the editor and the team of contributors have done a great service. The frameworks (the EU, the Council of Europe) are complicated and in some respects unique and generate their own problems, and attempts to solve them. Questions about their nature and future, including the place of European family law in the global community, lurk in the shadows.’ -- The International Journal of Law, Policy and the FamilyTable of ContentsContents: European Family Law – Introduction to the Book Set Jens M. Scherpe Introduction to European Family Law Volume II: The Changing Concept of ‘Family’ and Challenges for Domestic Family Law Jens M. Scherpe 1. The Changing Concept of ‘Family’ and Challenges for Family Law in the Benelux Countries Frederik Swennen 2. The Changing Concept of ‘Family’ and Challenges for Family Law in England and Wales Gillian Douglas 3. The Changing Concept of ‘Family’ and Challenges for Family Law in France Laurence Francoz Terminal 4. The Changing Concept of ‘Family’ and Challenges for Family Law in Germany Dieter Martiny 5. The Changing Concept of ‘Family’ and Challenges for Family Law in Greece Eleni Zervogianni 6. The Changing Concept of ‘Family’ and Challenges for Family Law in Hungary Orsolya Szeibert 7. The Changing Concept of ‘Family’ and Challenges for Family Law in Ireland Brian Sloan 8. The Changing Concept of ‘Family’ and Challenges for Family Law in Italy Maria Giovanna Cubeddu Wiedemann 9. The Changing Concept of ‘Family’ and Challenges for Family Law in the Nordic Countries Tone Sverdrup 10. The Changing Concept of ‘Family’ and Challenges for Family Law in Russia Olga Khazova 11. The Changing Concept of ‘Family’ and Challenges for Family Law in Scotland Kenneth McK. Norrie 12. The Changing Concept of ‘Family’ and Challenges for Family Law in the Slovak Republic Gabriela Kubícková 13. The Changing Concept of ‘Family’ and Challenges for Family Law in Slovenia Barbara Novak 14. The Changing Concept of ‘Family’ and Challenges for Family Law in Spain and Catalonia Albert Lamarca Marquès 15. The Changing Concept of ‘Family’ and Challenges for Family Law in Switzerland Ingeborg Schwenzer and Tomie Keller 16. The Changing Concept of ‘Family’ and Challenges for Family Law in Turkey Esin Orücü Index

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Book SynopsisAs Britain's leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a 'must read' for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.'- N.V. Lowe, Cardiff University, UKThe Present and Future of European Family Law explores the essence of European family law - and what its future may be. It compares and analyzes existing laws and court decisions, identifies trends in legislation and jurisprudence, and also forecasts (and in some cases proposes) future developments. It establishes that while there is, at present, no comprehensive European family law, elements of an 'institutional European family law' have been created through decisions by the European Court on Human Rights and by the Court of Justice of the European Union as well as other EU instruments. At the same time an 'organic European family law' is beginning to emerge. The laws in many European jurisdictions have developed similarly and have 'grown together', not only as a result of the aforementioned institutional pressures, but also as a result of societal developments, and comparable reactions to medical and societal advances and changes. Hence there already is a body of institutional and organic European family law, and it will continue to grow.This book, and the others in the set, will serve as an invaluable resource for anyone interested in family law. It will be of particular use to students and scholars of comparative and international family law, as well as family law practitioners.Trade Review‘The four volumes that make up this monumental book project on European Family Law represent the insight and experience of many fine family law scholars. The volumes examine themes, individual countries, and distinct pan-European institutions and developments. Jens Scherpe’s tour de force is to pull all this together in the final remarkable volume. For a non-European like me, it is fascinating to read about harmonisation and diversity, privacy and rights, pluralism and protection. This is a truly wonderful achievement.’ -- Bill Atkin, Victoria University of Wellington, New Zealand‘As Britain’s leading comparative Family Law scholar, Jens Scherpe demonstrates his considerable knowledge and expertise in this, the final book, in the series on European Family Law. Drawing on the three earlier works in the series (of which he is the editor) Scherpe starts by convincingly arguing that there is such a thing as European Family Law and then examines the concept from different perspectives, namely, institutional and organic, and horizontal, vertical and individual European Family Law. He ends by speculating about future developments. Written in an easy-to-read yet not unchallenging style The Present and Future of European Family Law is a “must read” for all those interested in Family Law particularly as the subject can no longer be sensibly studied purely from a domestic angle.’ -- N.V. Lowe, Cardiff University, UKTable of ContentsContents: 1. Introduction – Is there a European Family Law? 2. Institutional European Family Law 3. Organic European Family Law 4. The Future of European Family Law? Bibliography Index

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Book SynopsisThis important research review identifies leading articles covering the breadth of comparative competition law. The review addresses the theories behind competition, the issues surrounding the abuse of dominance or monopolization and the vertical restraints of trade, as well as cartels, non-cartels and mergers along with an insight into practice and procedures. Researchers will find the text, and selected articles, to be an invaluable window into scholarly and professional reflection on this diverse subject.Trade Review‘This collection of articles edited by Professor Susan Beth Farmer offers a wide range of specialist comparative studies of EU competition law and US antitrust law. In a world increasingly influenced by the two legal models, this access to an in depth analysis of specific components of almost the entire field of competition policy is a valuable and exceptional addition to the literature.’ -- Steven Anderman, Emeritus Professor of Law, University of Essex, UKTable of ContentsContents: Volume I Acknowledgements viii Introduction: Comparative Competition Policy – an Anthology of Recent Articles Susan Beth Farmer xi PART I COMPETITION THEORY 1. Inara Scott (2016), ‘Antitrust and Socially Responsible Collaboration: A Chilling Combination?’, American Business Law Journal, 53 (1), Spring, 97–144 2 2. D. Daniel Sokol (2015), ‘Tensions between Antitrust and Industrial Policy’, George Mason Law Review, 22 (5), 1247–68 50 3. Harry First and Eleanor M. Fox (2015), ‘Philadelphia National Bank, Globalization, and the Public Interest’, Antitrust Law Journal, 80 (2), 307–51 72 4. Mel Marquis (2015), ‘Idea Merchants and Paradigm Peddlers in Global Antitrust’, Pacific McGeorge Global Business and Development Law Journal, 28, 155–208 117 5. John Temple Lang (2014), ‘After Fifty Years – What is Needed for a Unified European Competition Policy?’, 21st St. Gallen International Competition Law Forum ICF, May, 1–54 171 6. Paul Nihoul (2012), ‘Freedom of Choice: The Emergence of a Powerful Concept in European Competition Law’, Concurrences Review, 3, 55–70 225 7. Abbott B. Lipsky, Jr. (2009), ‘Managing Antitrust Compliance through the Continuing Surge in Global Enforcement’, Antitrust Law Journal, 75 (3), 965–95 241 8. Susan Beth Farmer (2007), ‘Global Competition Implications for Enforcement’, in Larry Catá Baker (ed.), Harmonizing Law in an Era of Globalization: Convergence, Divergence, and Resistance, Chapter 9, Durham, NC, USA: Carolina Academic Press, 185–216 272 9. Oliver Budzinski (2008), ‘Monoculture versus Diversity in Competition Economics’, Cambridge Journal of Economics, 32 (2), March, 295–324 304 10. Spencer Weber Waller (1994), ‘Neo-Realism and the International Harmonization of Law: Lessons from Antitrust’, Kansas Law Review, 42 (3), Spring, 557–604 334 PART II ABUSE OF DOMINANCE/MONOPOLIZATION 11. Niklas Horstmann, Jan Krämer and Daniel Schnurr (2018), ‘Number Effects and Tacit Collusion in Experimental Oligopolies’, Journal of Industrial Economics, 66 (3), September, 650–700 383 12. Christian Bergqvist (2017), ‘Where Do We Stand on Discounts? – A Danish Perspective’, in Where Do We Stand on Discounts? A Nordic Perspective, Chapter 2, Copenhagen, Denmark: Ex Tuto Publishing, 53–113 434 13. Yong Huang, Elizabeth Xiao-Ru Wang and Roger Xin Zhang (2015), ‘Essential Facilities Doctrine and Its Application in Intellectual Property Space under China’s Anti-Monopoly Law’, George Mason Law Review, 22 (5), 1103–26 495 14. Eleanor M. Fox (2014), ‘Monopolization and Abuse of Dominance: Why Europe is Different’, Antitrust Bulletin, 59 (1), Spring, 129–52 519 15. Michal S. Gal (2013), ‘Abuse of Dominance – Exploitative Abuses’, in Ioannis Lianos and Damien Geradin (eds), Handbook on European Competition Law: Substantive Aspects, Chapter 9, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 385–422 543 16. David J. Gerber (2010), ‘Convergence in the Treatment of Dominant Firm Conduct: The United States, the European Union, and the Institutional Embeddedness of Economics’, Antitrust Law Journal, 76 (3), 951–73 581 17. Michal S. Gal and A. Jorge Padilla (2010), ‘The Follower Phenomenon: Implications for the Design of Monopolization Rules in a Global Economy’, Antitrust Law Journal, 76 (3), 899–928 604 18. Avishalom Tor (2010), ‘Unilateral, Anticompetitive Acquisitions of Dominance or Monopoly Power’, Antitrust Law Journal, 76 (3), 847–72 634 19. Ariel Ezrachi and David Gilo (2008), ‘Are Excessive Prices Really Self-Correcting?’, Journal of Competition Law and Economics, 5 (2), 249–68 660 20. A. Neil Campbell and J. William Rowley (2008), ‘The Internationalization of Unilateral Conduct Laws – Conflict, Comity, Cooperation and/or Convergence?’, Antitrust Law Journal, 75 (2), 267–351 680 21. Michal S. Gal (2007), ‘The “Cut and Paste” of Article 82 of the EU Treaty in Israel: Conditions for a Successful Transplant’, European Journal of Law Reform, 9 (3), 467–84 765 PART III VERTICAL RESTRAINTS OF TRADE 22. Wouter P. J. Wils (2014), ‘The Judgment of the EU General Court in Intel and the So-Called More Economic Approach to Abuse of Dominance’, World Competition, 37 (4), 405–34 784 23. Damien Geradin (2015), ‘Loyalty Rebates after Intel: Time for the European Court of Justice to Overrule Hoffman-La Roche’, Journal of Competition Law and Economics, 11 (3), September, 579–615 814 24. Damien Geradin and Caio Mario da Silva Pereira Neto (2013), ‘For a Rigorous “Effects-Based” Analysis of Vertical Restraints Adopted by Dominant Firms: A Comparison of EU and Brazilian Competition Law’, Competition Policy International, 9 (1), Spring, 1–16 851 25. Vincent Verouden (2003), ‘Vertical Agreements and Article 81 (1) EC: The Evolving Role of Economic Analysis’, Antitrust Law Journal, 71 (2), 525–75 867 Index Volume II Acknowledgements viii Introduction An introduction to both volumes by the editor appears in Volume I PART I CARTELS 1. Wouter P. J. Wils (2016), ‘The Use of Leniency in EU Cartel Enforcement: An Assessment after Twenty Years’, World Competition, 39 (3), 327–88 2 2. John M. Connor (2015), ‘The Rise of ROW Anti-Cartel Enforcement’, CPI Antitrust Chronicle, 1, September, 1–11 64 3. Joseph E. Harrington Jr., Kai Hüschelrath, Ulrich Laitenberger and Florian Smuda (2015), ‘The Discontent Cartel Member and Cartel Collapse: The Case of the German Cement Cartel’, International Journal of Industrial Organization, 42, September, 106–19 75 4. Wouter P. J. Wils (2012), ‘Recidivism in EU Antitrust Enforcement: A Legal and Economic Analysis’, World Competition, 35 (1), 5–26 89 5. Amedeo Arena (2011), ‘Game Theory as a Yardstick for Antitrust Leniency Policy: The US, EU, and Italian Experiences in a Comparative Perspective’, Global Jurist, 11 (1), March, 1–13 111 6. Michal S. Gal (2010), ‘Free Movement of Judgments: Increasing Deterrence of International Cartels through Jurisdictional Reliance’, Virginia Journal of International Law, 51 (1), 57–94 126 7. Julian M. Joshua, Peter D. Camesasca and Youngjin Jung (2008), ‘Extradition and Mutual Legal Assistance Treaties: Cartel Enforcement’s Global Reach’, Antitrust Law Journal, 75 (2), 353–97 164 8. Margaret Levenstein and Valerie Y. Suslow (2004), ‘Contemporary International Cartels and Developing Countries: Economic Effects and Implications for Competition Policy’, Antitrust Law Journal, 71 (3), 801–52 209 9. Barbara J. Alexander (2003), ‘The Impact of Exchange Rate Levels and Changes on International Cartels: Implications for Liability and Overcharges’, Antitrust Law Journal, 70 (3), 819–46 261 10. William E. Kovacic (2000), ‘Lessons of Competition Policy Reform in Transition Economies for U.S. Antitrust Policy’, St. John’s Law Review, 74 (2), Spring, 361–405 289 PART II HORIZONTAL NON-CARTEL AGREEMENTS 11. Thomas K. Cheng (2017), ‘The Meaning of Restriction of Competition under the Monopolistic Agreements Provisions of the PRC Anti-Monopoly Law’, World Competition, 40 (2), 323–54 335 12. Björn Lundqvist (2015), ‘Competition Law as the Limit to Standard-Setting’, in Josef Drexl and Fabiana di Porto (eds), Competition Law as Regulation, Chapter 13, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 365–95 367 PART III MERGERS 13. Joseph A. Clougherty, Tomaso Duso, Miyu Lee and Jo Seldeslachts (2016), ‘Effective European Antitrust: Does EC Merger Policy Generate Deterrence?’, Economic Inquiry, 54 (4), October, 1884–903 399 14. David Reader (2016), ‘Accommodating Public Interest Considerations in Domestic Merger Control: Empirical Insights’, Working Paper, 1–80 419 15. Fei Deng and Su Sun (2015), ‘The Role of Economics in Chinese Merger Appraisal’, Journal of Antitrust Enforcement, 3 (1), 92–107 500 16. Anca D. Chirita (2016), ‘Procedural Rights in EU Administrative Competition Proceedings: Ex Ante Mergers’, in Caroline Cauffman and Qian Hao (eds), Procedural Rights in Competition Law in the EU and China, Berlin and Heidelberg, Germany: Springer-Verlag, 59–99 516 17. Antonio Capobianco, John Davies and Sean F. Ennis (2016), ‘Implications of Globalisation for Competition Policy: The Need for International Cooperation in Merger and Cartel Enforcement’, E15 Expert Group on Competition Policy and the Trade System: Think Piece, Geneva, Switzerland: International Centre for Trade and Sustainable Development and Cologny and Geneva, Switzerland: World Economic Forum, January, i–v, 1–20 557 18. William E. Kovacic, Petros C. Mavroidis and Damien J. Neven (2014), ‘Merger Control Procedures and Institutions: A Comparison of the EU and US Practice’, European University Institute, Robert Schuman Centre for Advanced Studies: Global Governance Programme – 84, Working Paper No. 2014/20, 1–30 583 19. Alison Jones and John Davies (2014), ‘Merger Control and the Public Interest: Balancing EU and National Law in the Protectionist Debate’, European Competition Journal, 10 (3), December, 453–97 614 20. D. Daniel Sokol (2013), ‘Merger Control under China’s Anti- Monopoly Law’, New York University Journal of Law and Business, 10 (1), Fall, 1–36 659 21. Michal S. Gal (2012), ‘Merger Policy for Small and Micro Jurisdictions’, in Konkurrensverket: Swedish Competition Authority (eds), More Pros and Cons of Merger Control, Chapter 3, Stockholm, Sweden: Swedish Competition Authority, 61–124 695 22. Ariel Ezrachi (2006), ‘Merger Control and Cross-Border Transactions: A Pragmatic View on Cooperation, Convergence and What is in between’, in Philip Marsden (ed.), Handbook of Research in Trans-Atlantic Antitrust, Chapter 24, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 622–40 759 23. Eleanor M. Fox (2002), ‘U.S. and European Merger Policy – Fault Lines and Bridges: Mergers that Create Incentives for Exclusionary Practices’, George Mason Law Review, 10 (3), 471–88 778 24. Eleanor M. Fox (2002), ‘Mergers in Global Markets: GE/Honeywell and the Future of Merger Control’, University of Pennsylvania Journal of International Economic Law, 23 (3), Fall, 457–68 796 PART IV COMPETITION PRACTICE AND PROCEDURES 25. Michal S. Gal and Thomas K. Cheng (2016), ‘Aggregate Concentration: A Study of Competition Law Solutions’, Journal of Antitrust Enforcement, 4 (2), October, 282–322 809 26. Alison Jones (2016), ‘Private Enforcement of EU Competition Law: A Comparison with, and Lessons from, the US’, in Maria Bergström, Marios Iacovides and Magnus Strand (eds), Harmonising EU Competition Litigation: The New Directive and Beyond, Part I, Chapter 2, Oxford, UK and Portland, OR, USA: Hart Publishing, 15–41 850 27. Anca D. Chirita (2015), ‘The Judicial Review of the European Union Industrial Cartels’, Zeitschrift für Europarechtliche Studien, 18 (4), 407–41 877 28. Edward D. Cavanagh (2010), ‘The Private Antitrust Remedy: Lessons from the American Experience’, Loyola University Chicago Law Journal, 41 (3), Spring, 629–49 912 29. Bruce Wardhaugh (2014), ‘Bogeymen, Lunatics and Fanatics: Collective Actions and the Private Enforcement of European Competition Law’, Legal Studies, 34 (1), 1–23 933 Index

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Book Synopsis'A leading figure in critical legal studies and renowned scholar of comparative constitutionalism, Frankenberg urges us forward, offering a new taxonomy for critical work. He illustrates its potential in terrific chapters on recent transnational legal movements: to regulate the veil, provide access to justice and reinvigorate human rights as a language of justification. A methodological tour de force.'- David Kennedy, Harvard University'One of the most courageous and intellectually earnest legal scholars of our time, Gunter Frankenberg, has devoted his efforts to reconstructing comparative law's internal strength and potential for critical analysis. This book is a masterpiece that should be read by every serious thinker concerned with the need for legal reforms and the politics of globalization.'- Pier Giuseppe Monateri, University of Turin, Italy Presenting a critique of conventional methods in comparative law, this book argues that, for comparative law to qualify as a discipline, comparatists must reflect on how and why they make comparisons. Gunter Frankenberg discusses not only methods and theories but also the ethical implications and the politics of comparative law in order to bring out the different dimensions of the discipline.Comparative Law as Critique offers various approaches that turn on the academic discourse of comparative law, including analysis of a widespread spirit of innocence in terms of method, and critique of human rights narratives. It also analyses how courts negotiate differences between cases regarding Muslim veiling. Gunter Frankenberg presents varied critical projects that discuss methods and theories, ethics and the politics of comparative law to bring out the different dimensions of the discipline.The incisive critiques and comparisons in this book will make essential reading for comparatists working in legal education and research as well as students of comparative law and scholars in comparative anthropology and social sciences.Trade Review'Globalisation has made legal comparison fashionable, but in the mainstream varieties practiced within institutional settings or by surviving nineteenth century societes savantes, it involves, at best, a superficial overview of national practices in a quest for similarities (not differences), at worst, an apology of the exclusionary dynamics at work in the act of comparison. While Frankenberg's acutely critical view draws attention to the political and epistemological implications of existing methodologies, it also provides the foundations of a renewed intellectual enterprise, thereby joining the outstanding scholarship of Legrand, Samuel or Monateri in what might be termed ''New Approaches to Comparative Law''.' --Horatia Muir Watt, Sciences-po, France'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. The intellectual condescension towards those who have not been converted to post-modernism that shines through, typical of the amorphous congregation of crits, must not dissuade established comparatists from taking this book very seriously.' --Journal for European, Private International and Comparative Law'Comparative Law as Critique should be read by everyone interested or engaged in legal comparison. It is not far-fetched to declare that this overview of comparative work in law is more instructive than many a voluminous conventional 'comparative law handbook'.' --Zeitschrift für ausländisches öffentliches Recht und VölkerrechtTable of ContentsContents: PART I DISCIPLINE AND CRITIQUE I. Comparative Law as Discipline 2. Critique and Comparison PART II CHARTING THE COMPARATIVE SPACE 3. Navigating the Mainstreams 4. Orientalizing Comparative Law’s Occident 5. Muslim Veiling: Critique of a Comparative Discourse PART III COMPARING HUMAN RIGHTS NARRATIVES 6. Human Rights and Narratives of Justification 7. Before the Law: The Discourse about “Access to Justice” 8. Thick Comparison? Bibliography Index

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Book SynopsisThis significantly updated second edition of the Research Handbook on Patent Law and Theory provides comprehensive coverage of new research for patent protection in three major jurisdictions: the United States, Europe and Japan. Leading patent scholars and practitioners provide an innovative comparative analysis of fundamental issues such as patentability, examination procedure and the scope of patent protection, with current issues such as patent protection for industry standards, computer software and business methods. Updates to this second edition reflect on the dramatic changes that have taken place in the US Patent System since the first edition, including the American Invents Act that has introduced the first-inventor-to-file policy and post-issuance proceedings to challenge validity. Current topics such as the Unified Patent Court, patent litigation updates reform in the US, design patents and patent inventions in medical science are also addressed. Providing a strong scholarly foundation, as well as useful tips for practitioners to protect their intellectual assets in technologies effectively in the global market, this Research Handbook will be of great interest to legal scholars and students, as well as lawyers and patent attorneys.Contributors include: J.N. Adams, C. Appelt, R.C. Dreyfuss, H. Goddar, H.P. Göetting, O. Granstrand, S. Hetmank, C.M. Ho, C.M. Holman, C. Karl, J.B. Krauss, A.L. Landers, S. Luginbuehl, T. Miyamoto, T. Müller-Stoy, X.T. Nguyen, S. Ono, C. Rademacher, G. Reilly, S. Schohe, D. Stauder, T. Takenaka, J. ThomasTrade Review'The second edition brings the marvelous first edition up to date and adds a number of new and useful chapters. It is essential reading for student and practitioners of comparative patent law. Moreover, its comparative focus is illuminating for those who specialize in a single country's patent law by providing an enlarged perspective.' --Martin J. Adelman, George Washington University Law School, US'Professor Takenaka's Research Handbook on Patent Law and Theory is out in its second edition. It is a solid piece of work, sketching not only patent law's doctrinal bases, but also its practice. Highly recommended for patent attorneys, patent litigators, and policy makers alike!' --Christoph Ann, TUM School of Management, GermanyTable of ContentsContents: PART I FOUNDATION 1. History of the patent system John N. Adams 2. International treaties and patent law harmonization: today and beyond Tomoko Miyamoto 3. Patents and policies for innovations and entrepreneurship Ove Granstrand PART II EXAMINATION PROCEDURE 4. Trilateral cooperation – mutual exploitation of search and examination results among patent offices – has been evolving into Global Cooperation as in the case of IP5 Offices Shinjiro Ono 5. Patenting software-related inventions in Europe Stefan Schohe, Christian Appelt, and Heinz Goddar 6. Patenting inventions in medical sciences Jan B. Krauss 7. A comparative approach to the inventive step Amy L. Landers 8. The Lilly written description requirement: A doctrinal ‘wild card’ of uncertain effect Christopher M. Holman PART III PATENT ENFORCEMENT 9. Claim construction under U.S. and German patent acts: wording used in the claims and the invention disclosed in the specification Toshiko Takenaka and Christof Karl 10. The scope of patent protection for spare parts and its extension through other tools of intellectual property Horst Peter Götting and Sven Hetmank 11. Patent enforcement in Germany Tilman Müller-Stoy 12. The theory and practice of patent damages in Japan and the U.S. – explaining the differences that remain Christoph Rademacher 13. Resolving patent disputes in a global economy Rochelle Dreyfuss 14. Specialized IP courts: the Unified Patent Court (UPC) Stefan Luginbuehl and Dieter Stauder PART IV CURRENT ISSUES 15. Pharmaceutical patents John Thomas 16. Patent litigation reform in the United States Greg Reilly 17. Design patent—utility patent intersection Xuan Thao Nguyen 18. Current controversies concerning patent rights and public health in a world of international norms Cynthia Ho Index

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Book SynopsisRecent years have witnessed an explosion of new research on constitution making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world. Contributions provide original, innovative research on central issues related to the process and context of constitution making and identify distinctive elements or models of regional constitutionalism. Insightful and comprehensive, this handbook offers impeccable guidance for students and scholars of constitutional and comparative public law, as well as political science, sociology and history, who are interested in the study of constitution making, democratization and post-conflict reconstruction. Lawyers, civil servants and NGOs in the field of constitutional advising and post-conflict institution building will also benefit from this handbook's unique insight.Trade Review'David Landau and Hanna Lerner, among the most knowledgeable students of constitution making, have gathered a highly qualified group of contributors from around the world to produce an exceptionally wide-ranging and informative volume. Scholars and practitioners will be able to benefit from this remarkable collection for years to come.' --Donald Horowitz, author of Constitutional Change and Democracy in Indonesia (CUP)'David Landau and Hanna Lerner have skillfully curated a comprehensive, state-of-the-art collection of essays on the theory and practice, political virtuosity and legal craft of constitution making across time and place. Refreshingly cross-disciplinary in its approach, this volume is an essential read for comparative constitutional scholars, jurists, activists and constitution drafters worldwide.' --Ran Hirschl, University of Toronto, Canada'A stellar group of scholars offers a set of superb essays on constitution making. Combining explicitly theoretical contributions and country and regional studies deeply informed by constitutional theory, this book marks a major advance in our understanding of constitution-making around the world.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Hanna Lerner and David Landau Part I: Foundations 2. Revolutions and Constitution-Making Andrew Arato 3. Constitution Making and Social Transformation Heinz Klug 4. International Involvement in Constitution-Making Cheryl Saunders 5. Constituent Power, Primary Assemblies, and the Imperative Mandate Joel Colon-Rios 6. Amendment and Revision in the Unmaking of Constitutions Richard Albert Part II: Techniques and Processes 7. The Constitutional Referendum in Historical Perspective Zach Elkins and Alexander Hudson 8. Constitutional Design Deferred Rosalind Dixon 9. Making Constitutions in Deeply Divided Places Brendan O'Leary 10. Civil society, participation and the making of Kenya’s constitution Yash Ghai 11. How Constitutional Crowdsourcing can Enhance Legitimacy in Constitution-Making Carlos Bernal Part III: Contexts and Contents 12. Religion and Constitution-Making in Comparative Perspective Asli Bali and Hanna Lerner 13. Constitution Making and State Building Joanne Wallis 14. The Making of ‘Illiberal Constitutionalism’ with or without a New Constitution: The Case of Hungary and Poland Gabor Halmai 15. Constitution Making: The case of ‘Unwritten’ Constitutions Janet McClean 16. The Making of Constitutional Preambles Justin Frosini Part IV: Historical Perspectives 17. Constitutionalism Ancient and Oriental Patricia Springborg 18. First Constitutions: American Procedural Influence Lorianne Updike Toler 19. National Identity and Constitutions in Modern Europe: Into the Fifth Zone Bill Kissane and Nick Sitter 20. Constitution Making and Constitutionalism in Europe Chris Thornhill Part V: Regional Perspectives 21. The Unsurprising but Distinctive Nature of Constitution Writing in the Arab World Nathan Brown 22. Constitution Crafting in South Asia: Lessons on Accommodation and Alienation Menaka Guruswamy 23. Constitution-making and Public Participation in Southeast Asia Melissa Crouch 24. Voluntary Infusion of Constitutionalism in Anglophone African Constitutions Francois Venter 25. Post-Soviet Constitution-Making Will Partlett 26. Constituent Power and Constitution-Making in Latin America David Landau Index

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Book SynopsisLawyers have to adapt their reasoning to the increasingly global nature of the situations they deal with. Often, rules formulated in a national, international or European environment must all be jointly applied to a given case. This book seeks to make explicit the analysis the lawyer engages in every time he or she is confronted by the operation of several laws in different contexts. This reasoning is organised according to a basic three-step approach, consisting of the comparison (Part 1), combination (Part 2) and, finally, ordering or 'prioritization' (Part 3) of the methods and solutions of national, international and European law to be used to solve the case. The book conveys in detail how the law is operated through a wide range of concrete examples cutting across domains including criminal law, contract law, fundamental rights, internal market, international trade and procedure. This book focuses on the needs of a global lawyer who must reach conclusions in a pluralistic context. Illustrations from the domestic case law of the UK, Germany, Belgium, Italy, Spain, France and the US are used to demonstrate how lawyers can combine different contexts to improve their legal reasoning. Operating Law in a Global Context will appeal to lawyers in these jurisdictions and beyond, as well as to students training to practice in a global environment.Trade Review'This highly original book is a study in global legal reasoning to solve international cases. Departing from concrete cases taken from a number of domestic systems it shows lawyers that in order to reach a solution their reasoning must be organised according to a three-step approach, consisting of (I) comparison, (II) combination and (III) establishing priority of the methods and solutions of national, European and international law. The detailed discussion cuts across many domains, including criminal law, contract law, fundamental rights, internal market, international trade and procedure.' --Arthur Hartkamp, Professor of European Private Law, Radboud University, NijmegenTable of ContentsContents: Introduction Part I Comparing national, international and European law 2. Comparing scopes of application 3. Comparing conditions of enforceability 4. The comparison of methods and solutions Part II Combining national, international and European law 5. The complementarity of laws 6. The phenomenon and the constraint of circulation Part III The Prioritization of National, International and European Law 7. Prioritization through the application of the law on one level: the appeal to a hierarchy of norms 8. Prioritization through the application of the law at another level: the appeal to a prioritized law 9. Conclusion Index

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Book SynopsisWhile their use and significance have increased in recent decades, constitutional preambles have received only scant attention in academic literature. This book presents a uniquely quantitative and qualitative analysis of all the preambles currently in force around the world and addresses fascinating questions concerning their occurrence, content, style, function and legal status. Studying preambles not only helps us understand the phenomenon itself, but also teaches us more about constitutions and constitutional systems in which they are situated. Constitutional Preambles illuminates the great variety that constitutional preambles display. The authors discuss the different styles, legal and non-legal functions, and content of the preambles, as well as analysing their use in the courts. This work also contains a carefully curated anthology of the world's preambles in English.Trade Review'What emerges from this crisp and comprehensive account is an appreciation of how the constitutional preamble, perhaps more than any other legal form, declares the existence of the people who commit to abide by a set of collective, public principles. By excavating and elucidating these anchoring constitutional commitments, the book is as much a resource for constitutional theory as for comparative constitutional law.' --Kevin M. Stack, Vanderbilt University Law School'Preambles are sometimes called the ''mission statements'' of the Constitution, but are rarely examined in comparative perspective. In this comprehensive study, Voermans, Stremler and Cliteur integrate quantitative and qualitative analysis to explore the world of constitutional preambles across time and space. The result is a fascinating and entertaining survey that will enlighten students of comparative constitutionalism as well as political idiom and discourse. Highly recommended.' --Tom Ginsburg, University of Chicago Law School'[The authors] have written the definitive guide to preambles. This book answers so many of the questions we might have about preambles - why and how they are written and by whom, when and where they emerged, and what they contain - and it moreover suggests new ones that will enliven the study of constitutional preambles for many years to come.' --Richard Albert, Boston College Law SchoolTable of ContentsContents: 1. Introduction 2. Preambles: a Stocktaking 3. The Content of Preambles 4. The Language of Preambles 5. The Functions of Preambles 6. Two Prototypes: the US and France 7. Preambles from Other States 8. By Way of Conclusion: the Mystery and End of Preambles Index

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Book SynopsisThis global primer surveys international initiatives on traditional knowledge, folklore, cultural heritage and genetic resources, and describes in a comprehensive manner regional and national principles of protection in Asia, Europe, Africa, Oceania, the Middle East, the United States and the Americas. The most innovative parts of the book discuss three key approaches. First, the book highlights the relevance of customary law, describes how it is recognized and applied in legal systems and assesses its effectiveness as an enforcement mechanism. Second, through selected cases, the book illustrates the problem of biopiracy to which the disclosure requirement has been proposed as a policy response. It traces the origins of the disclosure requirement to instruments developed jointly by WIPO and UNESCO. Third, the book proposes a novel approach to protecting traditional knowledge premised on the principle of reciprocity and the use of mutual recognition agreements (MRAs) and assesses the scope of such MRAs. Libraries and universities will find this work is an invaluable resource for scholars and researchers. The material will also be important for government officials and organizations developing policy. Furthermore, the information available in these pages can empower indigenous peoples and local communities looking to promote awareness and protect traditional knowledge. Trade Review'Kuruk, one of the foremost scholars in intellectual property law, provides a very comprehensive and ground-breaking account of various international, regional and national initiatives and frameworks for the protection of traditional knowledge. This is a must-read and indispensable resource for IP law professors, students and practicing IO/NGO lawyers.' --Edward Kwakwa, World Intellectual Property Organization'Paul Kuruk has been a respected commentator and actor on the emerging law of traditional knowledge for two decades. This book's scope is breathtaking, covering all of the institutions involved in the subject and at all levels from global to local. Its comprehensiveness, and its informed analysis of the state of the art, makes it an essential text for students, teachers, and policymakers.' --Graham Dutfield, University of Leeds, UK'For more than two decades, Paul Kuruk has actively engaged in the academic and policy debates on traditional knowledge and intellectual property. Building on his lifelong work, this comprehensive, informative and globally oriented primer makes a complex and contentious debate accessible. The book not only explains why traditional knowledge deserves protection, but helps us understand the myriad international efforts, domestic laws, customary practices and reform proposals.' --Peter K. Yu, Texas A&M University, USTable of ContentsContents: INTRODUCTION PART I NATURE OF SUBJECT MATTER AND COMMUNITY EXPECTATIONS 1. Terminology 2. Exploitation of Traditional Knowledge to Indigenous and Local Communities 3. Traditional Knowledge and Intellectual Property Rights PART II INTERNATIONAL INITIATIVES 4. International Intellectual Property Law 5. Folklore, Cultural Heritage and Traditional Knowledge 6. Genetic Resources and Biodiversity Conservation 7. Human Rights and Indigenous Peoples PART III REGIONAL AND NATIONAL MEASURES 8. Emerging Trends of Protection in Africa 9. Perspectives from the United States 10. Views from Oceania 11. Developments in Other Regions PART IV IN SEARCH OF SOLUTIONS 12. Complementary Laws and Policies 13. The Customary Law Option 14. Preventing Misappropriation: The Disclosure Requirement 15. Reciprocity and Mutual Recognition Agreements Index

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Book SynopsisLaw's Political Foundations: Rivers, Rifles, Rice and Religion explains the development of the two basic systems of public and private law and their historical transformations. Examining the historical development of law in China, Japan, Western Europe, and Hispanic America, Haley argues that law is a product, rather than a constitutive element, of political systems.Four narrative chapters commence with the development of Chinese legal tradition as a public law order in which regulatory and penal rules were central, compared to the primacy of private law in Western Europe. China was not only among the earliest but also historically the most enduring example of public law order. The European Legal Tradition, in contrast, became the source of the private law structures of legal systems worldwide. The Japanese and Hispanic American experiences are explored as pivotal links that help to identify foundational factors that underpin the historical development of public and private law orders. Also explained in both contexts is the endurance of private ordering both within and beyond the law.These vivid comparisons and analyses in these stories of rivers, rifles, rice, and religion will serve as an excellent critical resource for scholars and academics of comparative law and legal theory.Trade ReviewWith magnificent scope, Law's Political Foundations leads the reader through government structure, political regimes, and law throughout the world. Haley's work deftly explains why China, Japan, Europe, and Latin America developed different forms of public and private legal regimes. Geography, war, agriculture, and belief shaped government and law; this novel framework permits Haley boldly to straddle empires and centuries in this captivating study of legal development. --M.C. Mirow, University of Edinburgh Law School, UK, and Florida International University College of LawIn Law's Political Foundations, John Haley brings a lifetime of thinking about the deep issues of comparative law to this fascinating exploration of the geographical roots, as well as the implications, of the very different regimes of public law, private law, and private ordering that respectively dominated the civilizations of China, Western Europe, and Japan. And although the West still speaks the language of private law, he argues, it is the public law paradigm first perfected in China that is becoming dominant in the modern state. There is much food for thought in this stimulating and provocative book. --Donald C. Clarke, The George Washington UniversityIn this breathtaking account, John Haley gives us a magisterial tour de force. He asks questions of astonishing breadth: when do societies rely on public law regimes, and when on private law regimes? He explores these universal puzzles with a relentless focus on the particular. In exquisite detail, he traces the way legal regimes developed historically across a wide range of countries. And he ties the developments to changes in religion, in economic production, in military extraction, and in transportation and communication facilities. Old questions, new answers - at root, Haley concludes: ''legal institutions develop in conjunction with the capacity of rulers to appropriate wealth and acquire revenue and the demands or needs they confront for the allocation of the material resources they control.'' Haley masterfully traces the interplay of rules, norms, laws, religious injunctions, and the demands of economic production and military extraction. --Mark Ramseyer, Harvard Law SchoolTable of ContentsContents: Introduction 1. Defining Law’s Political Foundations 2. Rivers, Rifles, Rice, and Religion: Paradigms and Trajectories of Legal Change 3. Rivers, Rifles and Rice: Foundations of Public Law and Private Ordering in China 4. Rice and Rifles: Foundations of Private Law and Private Ordering in Japan 5. Rivers, Rifles, and Religion: The Primacy of Private Law in Western Europe 6. Rifles and Religion: The Transformation and Transplantation of Western Law in Hispanic America Epilogue: Beyond Magellan’s World Index

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Book SynopsisWith the Chinese government planning a comprehensive and detailed reform of regulatory law, the European experience is likely to contribute significantly. This timely book analyses comparative Chinese and EU regulatory reform from a Law and Economics perspective. With eminent international contributors, Regulatory Reform in China and the EU sets out a reform agenda by addressing financial markets, social and administrative regulation, and environmental protection. The first part of the book discusses the banking sector reform and the stock market regulation concerning institutional investors, insider trading and private enforcement. A second part discusses contract law and considers how EU state aid policy could also influence reform on (local) government in other jurisdictions. Thirdly, environmental pollution and the need for stricter regulation are considered, with a focus on the possibilities of investment in new technology, such as offshore carbon capture and storage, economic growth and the nexus between WTO law and climate change. The fourth and final part of the book provides an essay by Jonathan Klick on the empirical analysis of regulation, with a particular focus on field experiments in China. Academics and postgraduate students of both Economics and Law with a particular interest in regulation will find this book valuable and compelling. Policy-makers and practitioners will also benefit from the insights revealed by the collaboration of lawyers and economists.Contributors include: R. Chen, Y. Chen, J. Dai, M.G. Faure, S. Feng, B. Gui, H. Jiye, J. Klick, W. Li, R.A. Partain, N. Philipsen, X. Tao, S. Weishaar, G. Xu, W. Xu, T. Zhou, Q. ZhouTrade Review'The Republic of China's economy may have advanced in leaps and bounds but does it have the regulatory framework to meet the needs of the 21st century? Against the background of an important Chinese initiative for regulatory reform, this important set of essays, drawing on law and economics and regulatory theory, reviews developments in the Chinese regulation of finance, the environment and other sectors, comparing them with the EU experience. A ''must'' for scholars and policymakers alike.' --Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the NetherlandsTable of ContentsContents: Introduction Wenming Xu, Stefan E. Weishaar and Niels Philipsen PART I Financial Markets 2. Money, Banks, and the Commercial Banking Law: A Framework for Law and Economics Analysis Tao Xi 3. Rethinking China’s Capital Market and Financial Stability after the Global Financial Crisis: The Significance of Institutional Investors Jiye Hu and Yang Chen 4. Unpredictable Enforcement: A Study on CSRC’s Approach to Insider Trading in China Tianshu Zhou and Wenjing LI 5. Private Enforcement of Securities Law in China: An Empirical Analysis of SPC’s 2002 Notice on A/B Share Markets Jiajia Dai, Shiting Feng and Wenming Xu PART II SOCIAL AND ADMINISTRATIVE REGULATION 6. What can economists learn from contract lawyers? Qi Zhou 7. Evolving Goals of EU State Aid Policy and Possible Lessons for China: A Law and Economics Approach Niels Philipsen PART III ENVIRONMENTAL REGULATION 8. Development of a Regulatory Framework for CDM-Enabled Offshore Carbon Capture and Storage (OCCS) in China Roy A. Partain and Michael G. Faure 9. Does the Environmental Kuznets Curve Hold for China? An Empirical Examination Binwei Gui, Michael G. Faure, and Guangdong Xu 10. Carbon labels: Climate Change Regulation and Legal Risks and Opportunities under WTO Law Stefan E. Weishaar and Ruohong Chen PART IV RESEARCH AGENDA 11. Empirical Analysis of Regulation: The Promise of Field Experiments in China Jonathan Klick 12. Regulatory Reform in China and the EU: Comparative and Concluding Remarks Niels Philipsen, Stefan E. Weishaar and Wenming Xu 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 SynopsisPublic police forces are a regular phenomenon in most jurisdictions around the world, yet their highly divergent legal context draws surprisingly little attention. Bringing together a wide range of police experts from all around the world, this book provides an overview of traditional and emerging fields of public policing.In this handbook, academics and practitioners explore the relationship between policing and the law and focus on case material and human rights issues. The book concludes that public policing is far from self-evident, particularly in an era where more emphasis is placed upon private security, anti-terrorism and modern technology. As digital and global societies demand new solutions to rapidly changing social challenges, public police will undergo a transformation.New material and findings are presented with an international-comparative perspective. It is a must-read for students of policing, security and law and professionals in related fields. Contributors include: F. Allum, P. de Hert, W. de Lint, M. den Boer, M. Egan, E. Ferreira, N.R. Fyfe, S. Gilmour, S. Gomes, C. Harfield, M. Hassan, M. Head, V. Herrington, S. Hufnagel, A. James, T. Mankkinen, P.K. Manning, R. Mawby, T. Munk, M. O'Neill, S. Perez, A. Pocrnic, J. Saifert, J.A. Schafer, C. Shearing, P. Stenning, M. van der Woude, S. Virta, T. Xu, N. YangTrade Review'This is a superb collection. Edited by one of the leading lights of applied research on policing, it brings together many of the top police comparativists of the past 30 years. From multi-agency to undercover policing, via data collection and terrorism, the widest range of topics is expertly assessed from the perspective of comparative police regulation. A 'must read' in the first truly global era of police research.' --Neil Walker, University of Edinburgh, UK'This impressive collection of essays is valuable for both scholars and practitioners alike, lawyers and non-lawyers - the well qualified contributors range over the whole complex and problematic field of police cooperation. The clear synthesis of the issues by Monica Den Boer in the introduction is a tour de force.' --Malcolm Anderson, The University of Edinburgh, UKTable of ContentsContents: Foreword Monica den Boer Introduction Monica den Boer Part I: Models of Policing from a Legal-Comparative Perspective 1. A Comparative Legal History of International Policing Saskia Hufnagel 2. Governing Plural Policing Provision: Legal Perspectives, Challenges and Ideas Philip C. Stenning and Clifford Shearing 3. An International Comparison of Police Systems in a Legal Context Rob Mawby 4. Living Law in Public Order: Trust, Risk, Dominion and Universality Willem de Lint and Adam Pocrnic 5. Modern Criminal Investigation from a Legal Comparative Perspective Martin O’Neill 6. Intelligence-Led Policing: Comparing National Approaches to its Regulation and Control Adrian James 7. Undercover Policing – A Legal Comparative Perspective Clive Harfield Part II: A Comparative Overview of New Issues in Policing 8. Policing Terrorism, Extremism and Radicalization: A Legal-Comparative Perspective Monica den Boer, Tarja Mankkinen and Sirpa Virta 9. Policing Organized Crime: Legal Norms in the National and International Context Felia Allum and Stan Gilmour 10. Policing Illicit Financial Flows: Multi-Agency Co-operation and Legal Developments Mo Egan 11. Policing Virtual Spaces: Public and Private Online Challenges in a Legal Perspective Tine Munk 12. Border Policing in Europe and Beyond: Legal and International Issues Maartje van der Woude 13. A Legal Perspective on Extraterritorial Policing Maira Hassan 14. Technology, Law and Policing Peter K. Manning 15. Police, Privacy and Data Protection from a Comparative Legal Perspective Paul de Hert and Juraj Saifert Part III: Police Organizations from a Comparative Perspective 16. Legal Perspectives on the Growing Militarization of Domestic Security and Policing Michael Head 17. Policing and Society: a Legal Perspective on Gender in Police Organizations Monica den Boer and Saskia Hufnagel 18. Chinese Policing: Its History from a Legal Perspective Tao Xu and Nan Yang 19. Police Recruitment and Training in Democratic Societies: A Socio-Legal Comparative Perspective Eduardo Ferreira, Silia Gomes and Sandra Perez 20. Police research, evidence-based policing and police-academic partnerships in national jurisdictions Nicholas R. Fyfe 21. Police Leadership: A Comparative Consideration of Legislative Imperatives in the United Kingdom, Australia, and the United States Victoria Herrington and Joseph A. Schafer 22. Police Oversight and Accountability in a Comparative Perspective Monica den BoerPage Index

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Book SynopsisThis book provides unique insights into the practice of democratic constitutionalism in one of the world's most legally and politically significant regions. It combines contributions from leading Latin American and global scholars to provide 'bottom up' and 'top down' insights about the lessons to be drawn from the distinctive constitutional experiences of countries in Latin America. In doing so, it also draws on a rich array of legal and interdisciplinary perspectives. Ultimately, it shows both the promise of democratic constitutions as a vehicle for social, economic and political change, and the variation in the actual constitutional experiences of different countries on the ground - or the limits to constitutions as a locus for broader social change. This book presents new perspectives on recurrent topics and debates that enrich comparative constitutional law in other regions of the world, both in the Global South and the Global North. The fine-tuned, in-depth approach of the contributors brings rigorous scholarship to this institutionally diverse and significant region, illuminating the under-explored relationship between constitutionalism, politics, ideology and leadership. This unique and challenging study will prove to be an indispensable tool, not only for academics interested in Latin America but for comparative constitutional law scholars across the globe.Contributors include: C. Bernal, J.l. Colón-Ríos, J. Couso, R. Dixon, Z. Elkins, H.A. Garcia, R. Gargarella, T. Ginsburg, A. Huneeus, D. Landau, J. Lemaitre, L. Lixinski, G.L. Negretto, R.A. Sanchez-Urribarri, M. Tushnet, O. Vilhena VieiraTable of ContentsContents: 1. Comparative Constitutional Law in Latin America - an Introduction Rosalind Dixon and Tom Ginsburg 2. Constitution-Making and Constitutionalism in Latin America: The Role of Procedural Rules Gabriel L. Negretto 3. Constitution-Making and Constituent Power Joel Colón-Ríos 4. A Critical Mapping of Transitional Justice in Latin America Lucas Lixinski 5. Constitutional revolution in the Andes? Zachary Elkins 6. The New “Bolivarian” Constitutions: A Textual Analysis Mark Tushnet 7. Looking beyond the Constitution: The Social and Ecological Function of Property Helena Alviar Garcia 8. Equality Roberto Gargarella 9. Modes of Disestablishment in Latin America Julieta Lemaitre 10. Judicial Role and the Limits of Constitutional Convergence in Latin America David Landau 11. Ambitious Constitutions: Prominent Courts Oscar Vilhena Vieira 12. Between Power and Submissiveness – Constitutional Adjudication in Latin America Raul A. Sanchez-Urribarri 13. The Institutional Limits of Inter-American Constitutionalism Alexandra Huneeus 14. The Constitutional Protection of Economic and Social Rights in Latin America Carlos Bernal 15. The “Economic Constitutions” of Latin America: Between Free Markets and Socioeconomic Rights Javier Couso Index

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Book SynopsisAs cross-border transactions expand in our contemporary global economy, the significance of comparative contract law is evermore apparent. In addition the role of lawyers in transactional counselling as well as dispute resolution has become increasingly prominent. Appreciation of the principal similarities and differences between the two major subdivisions of Common Law - the United States and the British Commonwealth - and Civil Law - French versus German law - has thus become imperative. This research review endeavours to facilitate such appreciation and will prove an essential reference point for students, researchers and policymakers.Trade Review‘This superb collection includes both classic scholarship on the common law and civil law of contract and recent scholarship that bring the coverage up to the present, including the reception of civil law in China and Japan. Professor Haley has wisely selected essays that illuminate the distinctive features of the common law of contracts and U.S. contract law.’Table of ContentsContents: Introduction John O. Haley PART I Overview 1. E. Allan Farnsworth (2006), ‘Comparative Contract Law’, in Mathias Reimann and Reinhard Zimmerman (eds), Oxford Handbook of Comparative Law, Chapter 28, London, UK and New York, NY, USA: Oxford University Press, 899–935 PART II The nineteenth century development of contemporary contract law 2. A.W.B. Simpson (1975), ‘Innovation in Nineteenth Century Contract Law’, Law Quarterly Review, 91 (2), April, 247–78 3. P. S. Atiyah (1978), ‘Contracts, Promises and the Law of Obligations’, Law Quarterly Review, 94, April, 193–223 4. Roscoe Pound (1938), ‘The Influence of the Civil Law in America’, Louisiana Law Review, 1 (1), November, 1–16 PART III french and german contract law and their influence A. French Contract Law 5. Roscoe Pound (1955), ‘The French Civil Code and the Spirit of Nineteenth Century Law’, Boston University Law Review, 35, 77–97 6. Arthur von Mehren (1955), ‘The French Civil Code and Contract: A Comparative Analysis of Formation and Form’, Louisiana Law Review, XV, 687–711 B. German Contract Law 7. Manfred Pieck (1996), ‘A Study of the Significant Aspects of German Contract Law’, Annual Survey of International and Comparative Law, 3 (1), 111–76 8. Friedrich Kessler (1975), ‘Some Thoughts on the Evolution of the German Law of Contracts – A Comparative Study: Part 1’, UCLA Law Review, 22, 1066–82 9. Manfred Löwisch (2003), ‘New Law of Obligations in Germany’, Ritsumeikan Law Review, 20 (4), 141–56 C. German Legal Science and its Reception 10. Zentaro Kitagawa (1970), ‘Theory Reception – One Aspect of the Development of Japanese Civil Law Science’, Law in Japan: An Annual, 4, 1–16 D. European Contract Law in a Socialist System 11. William Jones (1989), ‘Sources of Chinese Obligation Law’ Law and Contemporary Problems, 52 (3), Summer, 69–99 12. Jing Leng and Wei Shen (2017), 'The Evolution of Contract Law in China: Convergence in Law But Divergence in Enforcement?', in Yui-chien Chung, Wei Shen and Wen-yeu Wang (eds), Private Law in China and Taiwan – Legal and Economic Analyses, Chapter 3, Cambridge, UK: Cambridge University Press, 63–99 PART IV CONTRACTING WITHOUT LAW 13. Stewart Macaulay (1963), ‘Non-Contractural Relations in Business: A Preliminary Study’, American Sociological Review, 28 (1), February, 55–67 14. Takeyoshi Kawashima (1974), ‘The Legal Consciouness of Contract in Japan’, Law in Japan: An Annual, 7, 1–21 PART V Pre- contractural obligation 15. E. Allan Farnsworth (1987), ‘Precontractural Liability and Preliminary Agreements: Fair Dealing and Failed Negotiations’, Columbia Law Review, 87 (2), March, 217–94 16. Reiner Schulze (2005), ‘Precontractural Duties and Conclusion of Contract in European Law’, European Review of Private Law, 6, 841–66 ] 17. Shoji Kawakami (1990), ‘Japan’, in Ewoud H. Hondius (ed.) Precontractural Liability: Reports to the XIIIth Congress International Academy of Comparative Law, Montreal, Canada, 18-24 August 1990, Chapter 13, Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 205, 207–21 PART VI GOOD FAITH 18. Friedrich Kessler and Edith Fine (1964), ‘Culpha in Contrahendo, Bargaining in Good Faith, and Freedom of Contract: A Comparative Study’ Harvard Law Review, 77 (3), January, 401–49 19. Grant Gilmore (1954), ‘The Commercial Doctrine of Good Faith Purchase’, Yale Law Journal, 63 (8), June, 1057–122 PART VII STANDARD FORM CONTRACTS 20. Frederich Kessler (1943), ‘Contracts of Adhesion - Some Thoughts about Freedom of Contract’, Columbia Law Review, 43 (5), July, 629–42 PART VIII DISTINCTIVE FEATURES OF COMMON LAW CONTRACTS A. Consideration 21. Ernest G. Lorenzen (1919), ‘Causa and Consideration in the Law of Contracts, Yale Law Journal, XXVIII (7), May, 621–46 22. Melvin Aron Eisenberg (1982), ‘The Principles of Consideration’, Cornell Law Review, 67 (4), April, 640–65 B. Promissory Estoppel 23. Stanley D. Henderson (1969), ‘Promissory Estoppel and Traditional Contract Doctrine’, Yale Law Journal, 78 (3), January, 343–87 C. The Parole Evidence Rule 24. Arthur L. Corbin (1944), ‘The Parole Evidence Rule’, Yale Law Journal, 53 (4), September, 603–63 D. Conditions 25. Arthur L. Corbin (1919), ‘Conditions in the Law of Contract’, Yale Law Journal, 28 (8), June, 739–68 PART IX IMPOSSIBILTY AND CHANGED CONTRACTS 26. James Gordley (2004), ‘Impossibility and Changed and Unforeseen Circumstances’, American Journal of Comparative Law, 52 (3), Summer, 513–30 PART X Nonperformance and remedies 27. Zentaro Kitagawa (1969), ‘Damages in Contracts for the Sale of Goods’, Law in Japan: An Annual, 3, 43–89 28. Henrik Lando and Caspar Rose (2004), ‘On the Enforcement of Specific Performance in Civil Law Countries’, International Review of Law and Economics, 24 (4), December, 473–87 29. Avery W. Katz (2005), ‘Remedies for Breach of Contract under the CISG’, International Review of Law and Economics, 25 (3), September, 378–96 Index

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Book SynopsisThis comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. SamuelTrade Review'This is a cracking collection of essays, emphasising that comparative law is not simply a matter of comparing jurisdictions, but of tracing history and crossing disciplines too. Comparative Contract Law has something for everybody; the legal theorist, the legal historian, the literary jurist, the international lawyer and the common law contract lawyer. Professor Monateri and his contributors have done the discipline of critical comparative law proud. An essential read for anyone interested in exploring the intellectual parameters of contract law, past and present.' --Ian Ward, Newcastle University, UK'Comparative Contract Law redefines approaches to comparative law by incorporating what might be called ''internal comparative law'', while also exploring transnational law, party autonomy, and the legal environment beyond states and their diverse legal systems. The book is also innovative given its inclusion of comparative studies in law and economics and law and literature, which shows that disciplines that are usually considered to be ''external'' to law are indeed relevant for the assessment and for the reform of law.' --Sebastian McEvoy, University of Paris Ouest Nanterre La Defense, FranceTable of ContentsContents: Introduction PART I CONTRACT LAW: THEORIES AND GENEALOGIES 1. Theories of Contract Law Brian H. Bix 2. In Defense of Roman Contract Law James Gordley 3. The Authoritarian Theory of Contract Pier Giuseppe Monateri 4. Contract and the Comparatist: Should We Think About Contract in Terms of ‘Contracticles’? Geoffrey Samuel 5. Critical Comparative Contract Law Giovanni Marini 6. Contract Law and Regulation Giuseppe Bellantuono PART II MARKET VALUES AND THEIR CRITIQUES. PRIVATE GOVERNANCE AND NORMATIVE REGULATIONS 7. Enforcing Bilateral Promises: A Comparative Law and Economics Perspective Francesco Parisi, Marta Cenini and Barbara Luppi 8. Spontaneous Order and Freedom of Contract Carlo Ludovico Cordasco 9. “Party Autonomy” Horatia Muir Watt 10. Who is the Contracting Party? A Trip Around the Transformation of the Legal Subject Maria Rosaria Marella 11. Freedom of Contract and Constitutional Values: Some Exceptional Cases from the Colombian Constitutional Court Pablo Moreno Cruz PART III REPRESENTATIONS AND NARRATIVES 12. The Unburiable Contract. Grant Gilmore’s Discontinuous Parabola and the Literary Construction of American Legal Style Cristina Costantini 13. Queering the Contractual Paradigm between Law and Political Theory Flavia Monceri 14. Contracts in Literature: from Doctor Faustus to Vampires Daniela Carpi 15. Women and contracts in Angela Carter’s Postmodern Revision of the Fairy Tale Sidia Fiorato PART IV GLOBAL CONTEXT AND LOCAL FRAMES 16. The Wrecking Ball. Good Faith, Preemption and US Exceptionalism Peter Goodrich 17. Technological Contracts Massimiliano Granieri 18. Contractual Interpretation: The South African Blend Of Common, Civil And Indigenous Law In Comparative Perspective Andrew Hutchison 19. Promissory Estoppel Paolo Pardolesi 20. Party Autonomy in Global Context: An International Laywer’s Take on the Political Economy of a Self-constituting Regime. Horatia Muir Watt Index

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Book SynopsisNation states are increasingly asserting jurisdiction over criminal offenses that occur extraterritorially. In some instances, this can cause political tension and legal uncertainty, as the principles of jurisdiction under international law do not adequately resolve competing claims. In that context, this book considers principles of jurisdiction and mechanisms by which to achieve jurisdictional restraint under international law, including the possibilities presented by the 'abuse of rights' doctrine. Utilizing a comparative approach, this book explores principles of jurisdiction, first under international law, and then in a comparative constitutional law context. Specifically, Danielle Ireland-Piper explores the ways in which domestic constitutional courts in Australia, India and the United States adjudicate extraterritorial criminal jurisdictions. Groundbreaking sections explore the abuse of rights doctrine in a common law context and the relationship between individual rights and the assertion of extraterritorial jurisdiction. While this is a research monograph that will likely interest legal scholars and researchers in international relations and political science, it will also appeal to government policy-makers and judicial decision-makers, particularly given the increased reliance by governments on extraterritorial regulation of transnational crime.Trade Review'Dr. Danielle Ireland-Piper's Accountability in Extraterritoriality: A Comparative and International Law Perspective is a welcomed addition to the existing literature in the field. This excellent monograph makes an invaluable contribution on a topic - extraterritorial jurisdiction and how we appropriately can restrict it - that only will continue to increase in relevance in coming years. Dr. Ireland-Piper is to be congratulated on managing to write in such a clear and accessible manner on such a complex topic, and for her useful proposals for how this crucial area of law ought to develop.' --(Dan Svantesson, Bond University, Australia)'This is a timely and important book on a topic that, despite its great theoretical and practical significance, has received too little academic attention and analysis. Danielle Ireland-Piper's work is a milestone in documenting, conceptualizing, and understanding extraterritoriality. Her book identifies the many challenges and opportunities in this area of law and provides a catalyst for future law reform and policy change in this field.' --(Andreas Schloenhardt, The University of Queensland, Australia and University of Vienna, Austria)Table of ContentsContents: 1. Introduction 2. Principles of Jurisdiction 3. Principles of Jurisdictional Restraint 4. Australia and Extraterritorial Jurisdiction 5. India and Extraterritorial Jurisdiction 6. The United States and Extraterritorial Jurisdiction 7. Conclusions Index

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Book SynopsisOver the last two decades or so, the field of comparative law has been increasingly interested in issues of globalisation and Eurocentrism. This book inscribes itself within the debates that have arisen on these issues and aims to provide a greater understanding of the ways in which the ''non-West'' is constructed in Euro-American comparative law. Approaching knowledge production from an interdisciplinary and critical perspective, the book puts emphasis on the governance implications of the field. It is argued that for more than a century an important part of comparative law has been animated in different ways by tensions between inclusion and exclusion. This dynamic is shown to operate through antinomies between the particular and the universal, between critiques and apologies of Western domination. The author approaches this as an opportunity to reflect further on the possibility of mobilizing the field's own promises in more productive ways. Modern Law and Otherness provides important insights for researchers interested in comparative law, critical theories and international law. Critical theorists interested in postcolonialism will also benefit from the author's analysis.Trade Review'This forceful analysis of the genealogy of ''Western'' comparative legal ideas and practices joins and strengthens the new approaches to comparative law. Veronica Corcodel traces the marginalizing definitions and exclusionary representations of the ''non-West'' throughout the discipline's history from its colonial-imperialist start to the apologetic social-liberal modernization in the twentieth century and finally the post-war justifications of liberal transformation. She courageously challenges the anything but innocent hegemonic agendas of the mainstream. Connecting knowledge with power, she reveals the ''dirty secrets'', that is the governance implications of comparative law. An informed, illuminating, and persuasive book.' --Günter Frankenberg, Goethe University, Frankfurt am Main, Germany'A deeply insightful foray through the classics of comparative law. Veronica Corcodel provides an indispensable key to understanding how the legal West has constructed the legal rest. The book meticulously exposes the uneven seams, abrupt transitions, and open contradictions characterizing the treatment of legal difference in the world by the foremost Western comparativists. Their perennial promise of greater inclusion of national legal others does not necessarily mean equal standing with the West. Rather, it is another site for both advancing and contesting Euro-American legal values.' --Jorge L. Esquirol, Florida International University, USTable of ContentsContents: Introduction 1. The Governance Implications of Comparative Law: the ‘non-West’ as Politically Significant Representations 2. Henry Maine and the Legal Foundations of Liberal Imperialism 3. Pre-War Twentieth-Century Comparative Law: Ambivalent ‘Social’ Apologies for Modernization 4. Post-War Comparative Law: Concealed Ambivalent Apologies for Liberal Transformation Conclusion Bibliography Index

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Book SynopsisComparative Dispute Resolution offers an original, wide-ranging, and invaluable corpus of essays on dispute resolution. Enriched by a broad, comparative vision and a focus on the processes used to handle disputes, this study adds significantly to the discourse around comparative legal studies.From a comparative perspective, this Research Handbook analyses the field of dispute processing, generally and across a broad range of legal systems and their legal cultures. It explores the nature of disputes and the range of basic processes used in their resolution, examining emerging issues in theory and practice and analysing differing traditions of dispute resolution and their 'modernisation'. Offering a balanced combination of theory and praxis, chapters present new understandings of theoretical, comparative and transnational dimensions of the manner in which societies and their legal systems respond to difficulties in social relations.Showcasing opportunities for new research and debate, Comparative Dispute Resolution will be helpful to practitioners and those engaged in the practise of handling disputes. Students and scholars in disciplines such as law, sociology, politics and psychology will also find this topical Research Handbook useful in their understanding of the theory and practice of disputing and dispute management, legal reform and enhanced access to justice.Trade Review‘This volume is an important and timely contribution to the growing literature on comparative dispute resolution which has been made even more important by the adoption of the Singapore Convention on Mediation in 2019 and the acceleration of the use of online dispute resolution processes due to the appearance of COVID 19. The editors and contributors deserve recognition for their achievement in providing this rich resource for us.’ -- Colm Brannigan, Canadian Arbitration and Mediation Journal'This is an impressive volume, both in terms of coverage and depth, offering a rich variety of intellectual perspectives on a wide spectrum of dispute resolution processes, including processes of avoidance, negotiation, mediation, umpiring, hybrid processes and self-help. In doing so, this compendium brings together a wide variety of anthropological viewpoints from many top scholars in this field, providing new insights of theoretical, comparative and transnational dimensions, which observe how the culture and social context are often very significant.' -- Pablo Cortes, University of Leicester, UK'An astonishingly broad-reaching and multidisciplinary collection of essays that connects readers back to classic historical, anthropological, and jurisprudential studies of disputing; across legal systems in Africa, Asia, North and South America, and Europe and across processes such as negotiation, mediation, arbitration, but also avoidance and violence. It also moves forward to contemporary issues including new relations between technologies and humans and the transformation of courts from the inside. Together, these essays offer fresh comparative insights that challenge conventional understandings of the boundaries among law, disputing, and the state.' -- Amy J. Cohen, Ohio State University, Moritz College of Law, US -- Michele Graziadei, University of Turin, ItalyTable of ContentsContents: [A] INTRODUCTORY 1. Introduction Maria Federica Moscati, Michael Palmer and Marian Roberts B] DISPUTES 2. Restorative Responses to Intimate Partner Violence Donna Coker 3. Dispute Avoidance Fiona Cownie and Anthony Bradney 4. Conflict Analysis and Conflict Intervention: Do Theoretical Understandings of Conflict Shape Conflict Intervention Approaches? Joseph P. Folger 5. Violence Michael Palmer [C] NEGOTIATION 6. The Opening Statement in Mediation: A Goffman Analysis Debbie de Girolamo 7. (Mindfully) Negotiating around ‘Lies’: The Science of Nonverbal Communication for ‘Soft’ and ‘Hard’ Cultures Clark Freshman 8. The Negotiative Function of Law in International Dispute Resolution Amy Kellam 9. Negotiating Within Legal Ambiguity: Same-Sex Partners, Family Disputes and Negotiation in Italy Maria Federica Moscati 10. Rethinking Analysis of Homelessness Applications: the Role of Negotiation and Disputing Behaviour Patricia NG [D] MEDIATION 11. Through the Looking Glass: exploring the regulatory-ethical eco-system for mediation Nadja Alexander 12. Square Pegs and Round Holes: The Divergent Roles of Lawyers and Mediators Lesley Allport 13. Elder Mediation: An Emerging Field of Practice Dale Bagshaw 14. Mediator Styles Kenneth Kressel 15. Mediation Privilege Gary Meggitt 16. Mediation Processes Linda Mulcahy 17. Gulliver’s cross-cultural processual model of mediation and family mediation: The harmonious integration of theory and practice. Marian Roberts 18. Personae non grata: Interpreters in Mediation Brooke Townsley 19. Civil Case Mediation in the United States James A. Wall [E] UMPIRING: ADJUDICATION, ARBITRATION & LITIGATION 20. Judicial Conflict Resolution (JCR) in Italy, Israel and England and Wales: A Comparative Look on the Regulation of Judges’ Settlement Activities Michal Alberstein & Nourit Zimerman 21. Arbitration in Comparative Perspective Gu Weixia 22. Courts and Dispute Resolution in Japan John Haley 23. Algorithmic Justice: Dispute Resolution and the Robot Judge? John Morrison & Adam Harkens 24. Regulating the Cost of Access to Justice in Environmental Matters in the Member States of the European Union Áine Ryall 25. Unrepresented Parties as “Professionals” in China’s Consumer Dispute Processes Zhou Ling [F] MIXED PROCESSES and HYBRID SYSTEMS 26. The Role of Ombuds—A Comparative Perspective Naomi Creutzfeldt 27. Alternative Dispute Resolution through Restorative Justice: An integrated approach Theo Gavrielides 28. Hybrid and Mixed Dispute Resolution Processes: Integrities of Process Pluralism Carrie Menkel-Meadow 29. Regulatory Regime for Online Dispute Resolution (ODR): Current Forms and Future Development ZHAO Yun [G] CHANGING CULTURES, CHANGING SYSTEMS 30. Mediation in the Russian Federation W. E. Butler 31. Transplants, Re-Use, and Adaptation: Voluntarism in the Irish Mediation Act 2017 as a Comparative Undertaking Aonghus Cheevers 32. Restoring the National Convivencia through Transitional Justice: The Chilean Case Anita Ferrara 33. Dispute Resolution Processes in Islamic Cultures Mohamed M Keshavjee 34. Dispute Resolution in South Korea Dohyun Kim & Chul-woo Lee 35. “Different spaces, Different laws”: The role of state forums in non-state dispute processing in India Kalindi Kokal 36. Shifts in Dispute Resolution Processes of West African States Emelia Onyema 37. The Art of Mediation: Law and Rhetoric in Medieval Tibet Fernanda Pirie 38. Local Law and Dispute Resolution Mechanisms under Negotiation in Emerging South Sudan Katrin Seidel 39. Commercializing Alternative Dispute Resolution Processes in Resolving Financial Disputes in China Shen Wei Index

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Book SynopsisThe Research Handbook on Legal Pluralism and EU Law explores the phenomenon of overlapping legal systems within the European Union, the nature of their interactions, and how they deal with the difficult question of the legal hierarchy between them. The contributors reflect on the history, sociology and legal scholarship on constitutional and legal pluralism, and develop this further in the light of the challenges currently facing the EU.Addressing pluralism within policy areas such as EMU, migration, and external relations, and applying different perspectives - from the constitutionalist to the Foucauldian - this diverse collection of thinkers about EU law ask whether a pluralist perspective is part of the problem or part of the solution. Contributors offer both critical and positive assessments of the value of pluralist thinking in the EU whilst addressing major issues facing the EU now - Brexit, populism, migration, the Euro-crisis - and asking what lessons can be learned from and for pluralism.This Research Handbook will be invaluable reading for legal academics specialising in EU law, EU constitutional Law, Legal Theory, and political scientists focused on legal aspects of EU integration. Students on advanced courses in EU law and EU constitutional law, as well as judges at the Court of Justice and higher national courts will also find this stimulating reading.Contributors include: C.M. Amhlaigh, M. Avbelj, M. Cahill, G. Cornelisse, G. Davies, N. de Boer, P. Eleftheriadis, T. Flynn, M. Goldmann, C. Kaupa, R.D. Kelemen, P.F. Kjaer, D. Kochenov, J. Lawrence, P. Leino, L. Leppavirta, J. Lindeboom, P. Lindseth, G. Martinico, F.-X. Millet, J. Priban, S. Sankari, K. Tuori, N. WalkerTrade Review'This collection will be of real value to all those interested in the difficult and topical questions of legal pluralism in the European Union. At a time of significant stress within the EU economic, political and legal orders, the essays address a range of themes and topics ranging from broad theoretical and constitutional reflections to more focused case studies of EMU, citizenship, migration and border control, and the EU's relations with non-EU states. The editors have assembled an impressive array of scholars from across the EU to present their particular understandings and critiques of the idea of legal and constitutional pluralism, to interrogate the relationship of legal pluralism to democracy, and to investigate the significance of these ideas in the European Union at present.' --Grainne de Burca, New York University, School of Law, US'Legal pluralism has become a central concept by which to unpack EU and transnational law. It remains, however, an under-applied and under-theorised framework. This Research Handbook decisively fills this gap, developing pluralism's theoretical foundations in novel directions through an outstanding group of contributors and using the concept to re-visit active debates in EU law and politics. I would recommend it to anyone as the definitive guide to legal pluralism in the EU for decades to come.' --Mark Dawson, Hertie School of Governance, GermanyTable of ContentsContents: 1. Introduction Matej Avbelj, Gareth Davies Part I The Nature of European Legal Pluralism 2. Claim-Making and Parallel Universes: Legal Pluralism from Church and Empire to Statehood and the European Union Poul F. Kjaer 3. Subverting Sovereignty’s Voluntarism: Pluralism and Subsidiarity in Cahoots Maria Cahill 4. From Pluralism to Perspectivism Kaarlo Tuori Part II Theorizing EU Constitutional Pluralism 5. The Anatomy of Constitutional Pluralism in the European Union Cormac Mac Amhlaigh 6. Constitutional Conflicts and Agonistic Pluralism: What Can We Learn From Political Theory? Giuseppe Martinico 7. Human Dignity and EU Legal Pluralism Matej Avbelj 8. Constitutional Pluralism Beyond Monism and Dualism François-Xavier Millet 9. Triangular Constitutionalism: The Consequences of Constitutional Pluralism for Domestic Constitutional Thought Tom Flynn 10. The Sociological Concept of EU Constitutional Pluralism Jiří Přibáň Part III EU Legal Pluralism and Democracy 11. Pluralism through Its Denial: The Success of EU Citizenship Dimitry Kochenov and Justin Lindeboom 12. The False Promise of Constitutional Pluralism Nik de Boer 13. The Metabolic Constitution and the Limits of EU Legal Pluralism Peter Lindseth 14. Of Politics and Pluralism: Governmentality and the EU Legal Order Jessica Lawrence 15. The Pluralist Socio-economic Character of the European Treaties Clemens Kaupa Part IV The Practice of EU Legal Pluralism and its Future 16. Is there Room for Legal Pluralism in EU Relations with Third States? A Study of Nordic Approaches to European Integration Päivi Leino and Liisa Leppävirta 17. Constitutional Pluralism and Judicial Adjudication: On Legal Reasoning, Minimalism and Silence by the Court of Justice Suvi Sankari 18. Interpretative Pluralism within EU Law Gareth Davies 19. Discretion, not Rules: Postunitary Constitutional Pluralism in the Economic and Monetary Union Matthias Goldmann 20. The EU’s Relationship to International Law: Lessons from Brexit Pavlos Eleftheriadis 21. Legal Pluralism in the European Regulation of Border Control: Disassembling, Diffusing, and Legalising the Power to Exclude Galina Cornelisse 22. The Dangers of Constitutional Pluralism R. Daniel Kelemen Afterword 23. Pluralism Then and Now Neil Walker Index

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Book SynopsisComparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition. Scholars in the fields of law, sociology, political science and history, as well as human rights lawyers, abolitionists, law makers and judges who wish to remain up-to-date on changing death penalty practices will need Comparative Capital Punishment on their reading list. Contributors include: S.L. Babcock, S. Bae, R.C. Dieter, B.L. Garrett, E. Girling, C. Hoyle, P. Jabbar, S. Lehrfreund, D. Lourtau, B. Malkani, M. Miao, A. Nazir, A. Novak, K. Pant, D. Pascoe, A. Sarat, M. Sato, W. Schabas, C.S. Steiker, J.M. Steiker, J. Yorke Trade Review'The kaleidoscopic contributions to this book provide more comparative insight into capital punishment than any other volume. The Steikers have recruited an all-star team of writers, and they have delivered on everything from methods of execution and miscarriages of justice to capital clemency and international norms. If you want to think better about the death penalty's past, present, and future, read this magnificent book.' --David T. Johnson, University of Hawaii and co-author of The Next Frontier: National Development, Political Change, and the Death Penalty in AsiaTable of ContentsContents: Preface 1. Introduction: international perspectives on the death penalty Richard C. Dieter Part I Substantive Law 2. Deserving of death: the changing scope of capital offenses in an age of death penalty decline Delphine Lourtau 3. Deciding who lives and who dies: eligibility for capital punishment under national and international law Sandra L. Babcock Part II Procedural Law 4. Extradition and non-refoulement Bharat Malkani 5. An unfair fight for justice: legal representation of persons facing the death penalty Sandra L. Babcock 6. Towards a global theory of capital clemency incidence Daniel Pascoe Part III Administration 7. Imposing a ‘mandatory’ death penalty: a practice out of sync with evolving standards Parvais Jabbar 8. Methods of execution: the American story in comparative perspective Austin Sarat and Keshav Pant 9. Capital punishment at the intersections of discrimination and disadvantage: the plight of foreign nationals Carolyn Hoyle 10. Innocence and the global death penalty Brandon L. Garrett Part IV Institutions 11. International law and the abolition of the death penalty William Schabas 12. The role of institutions in the norm life cycle: the United Nations and the anti–capital punishment norm Sangmin Bae 13. Regional institutions and death penalty abolition: comparative perspectives and their discontents Evi Girling 14. Undoing the British colonial legacy: the judicial reform of the death penalty Saul Lehrfreund Part V The Future of the Death Penalty 15. Reframing the debate on attitudes towards the death penalty Mai Sato 16. Pulling states towards abolitionism: the power of acculturation as a socialization mechanism Michelle Miao 17. Imagining utopia: the global abolition of the death penalty Jon Yorke and Amna Nazir 18. After abolition: the empirical, jurisprudential and strategic legacy of transnational death penalty litigation Andrew Novak 19. Global abolition of capital punishment: contributors, challenges and conundrums Carol S Steiker and Jordan M. Steiker Index

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Book Synopsis'Opening a property law book often results in reading mere technical descriptions of enforceable rules within a given legal system. This book edited by Michele Graziadei and Lionel Smith breaks this tradition by providing a complete, high-level and up-to-date introduction to key issues in contemporary property law from a multidisciplinary and global perspective. Thanks to the diversity and the quality of the various contributions, it is a perfect gateway for anyone broadly interested in the field.'Mikhail Xifaras, Sciences Po Law School, FranceComparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors are leading experts in their fields who cover both classic and new subjects, including the transfer of property, the public-private divide, water and forest laws and the property rights of aboriginal peoples.Incorporating contributions from a variety of countries, this handbook explores property law with a critical edge, viewing the subject through the lens of both public and private law theory and providing a springboard for further research. This unique coverage of new and emerging subjects in property law also examines developments in Africa, Latin America and China. This handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for scholars working across the breadth of the field.Contributors include: B. Akkermans, L. Alden Wily, R. Aluffi, M.R. Banjade, A. Braun, T. Earle, Y. Emerich, J.L. Esquirol, D. Francavilla, F. Francioni, M. Graziadei, A.M. Larson, A. Lehavi, F. Lenzerini, K. McNeil, I. Monterroso, E. Mwangi, S. Praduroux, S. Qiao, G. Resta, D.B. Schorr, L. Smith, B. Turner, F.K. Upham, A. van der Walt, L. van Vliet, F. Valguarnera, R.l. WalshTrade Review'As one of the latest titles in Elgar's Research Handbooks in Comparative Law series, this book presents the results of an enormous amount of up-to-date research in this increasingly topical area of law and contains a wealth of references in the extensive footnoting and the bibliographies which follow most chapters. For comparative lawyers, or property lawyers advising international clients, this is an extremely useful volume to acquire.' --The Barrister'This excellent and wide-ranging book offers the best and most comprehensive comparative analysis of property law I have seen in years. The book covers a myriad of fascinating topics. It contains contributions from first-rate property scholars from all over the world and despite its breadth, it makes for a delightful read. The chapters of the books contain a plethora of new insights into the law and practice of property in different countries. Any reader will learn a tremendous deal from the book. Its chapters offer a rich discussion of assets, doctrines, institutions and legal systems. It is difficult to imagine such wealth of legal resources and knowledge in any other single source. The book is highly recommended to all readers.' --Gideon Parchomovsky, University of Pennsylvania'Property laws and norms lie at the foundation of human life, but because property rules have been thought to be peculiarly local, knowledge about them has travelled poorly. This volume, which cuts across disciplines and cultures, is a welcome effort to stanch this parochialism.' --Robert Ellickson, Yale Law SchoolTable of ContentsContents: Introduction Michele Graziadei and Lionel Smith PART I PERSPECTIVES FROM OTHER DISCIPLINES 1. Property in Prehistory Timothy Earle 2. The Anthropology of Property Bertram Turner PART II THE PRIVATE PROPERTY MODEL AND ITS GRAMMAR 3. Objects of Property Rights: Old and New Sabrina Praduroux 4. The Structure of Property Ownership and the Common Law/Civil Law Divide Michele Graziadei 5. The Numerus Clausus of Property Rights Bram Akkermans 6. The State of the Art of Comparative Research in the Area of Trusts Alexandra Braun 7. Transfer of Property Inter Vivos Lars van Vliet 8 Possession Yaëll Emerich PART III CONTESTED GLOBAL DIMENSIONS OF PROPERTY LAW 9. Comparative Constitutional Property Law André van der Walt and Rachael Walsh 10. Systems of Public Ownership Giorgio Resta 11. Access to Nature Filippo Valguarnera 12. Water Rights David B. Schorr 13. Land Law in the Age of Globalization and Land Grabbing Amnon Lehavi 14. China’s Changing Property Law Landscape Shitong Qiao and Frank K. Upham 15. Formalizing Property in Latin America Jorge L. Esquirol 16. Property and the Religious Sphere Roberta Aluffi and Domenico Francavilla 17. Cultural Property in International Law Francesco Francioni 18. The Land Rights of Indigenous Peoples Under International Law Federico Lenzerini 19. Indigenous Territorial Rights in the Common Law Kent McNeil 20. Community Rights to Forests in the Tropics Anne M. Larson, Iliana Monterroso, Mani Ram Banjade, Esther Mwangi 21. Customary Tenure: Remaking Property for the 21st Century Liz Alden Wily Index

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Book SynopsisAs judiciaries advance, exploring how court mediation programs can provide opportunities for party-directed reconciliation whilst ensuring access to formal legal channels requires careful investigation. Court Mediation Reform explores comparative empirical findings in order to examine the association between court mediation structure and perceptions of justice, efficiency and confidence in courts. This unique study draws on an eighty-three person survey as well as case studies from ten global mediation jurisdictions including Australia, France, Hong Kong, India, and the United States. Given the highly contextual nature of court mediation programs, the book highlights the achievements, challenges and lessons learned in the implementation of mediation programs for general civil claims. In so doing, the study identifies that positive achievements are largely dependent on multiple factors including the functioning of the civil litigation system, the capacities of the mediators, safeguards against bias, participant education, and cultural and institutional support.This book will be of interest to both scholars and practitioners of law, civil justice, mediation, comparative law and dispute resolution. It will also be of use to judiciaries and policy makers looking to advance court mediation programs.Trade Review'Professor Ali's book offers the most comprehensive, qualitative study and insights on Global Court Mediation I have encountered. It should be in the hands of every court in the world.' --Judge Dorothy Nelson, United States Court of Appeals, 9th Circuit'Shahla Ali's work is an innovative meta-analysis of the trends in the institutionalization of mediation at the macro level. It has an ambitious approach that had not been attempted yet, and paves the way for other future research, as well as providing guidance to policy makers and professionals.' --Luigi Cominelli, The University of Milan, Italy'Professor Shahla Ali has performed a valuable service for conflict resolution policy makers around the world. Providing diverse and mixed data reports of the uptake and resistance to court (and some private) mediation programs in ten different legal systems, she artfully surveys important legal, social and cultural differences in the uses and effectiveness of voluntary and mandatory mediation programmes. While some seek efficiency, others seek efficacy, through party-tailored solutions or regional integration dispute resolution schemes. Different programme motivations (and the varied role of lawyers) provide variation, not uniformity, in the use of mediation to resolve civil, family, labour and commercial disputes. A must-read for any dispute system designer, or court administrator or mediator.' --Carrie Menkel-Meadow, University of California, Irvine and Georgetown University Law Center, USTable of ContentsContents: Introduction: Balancing the Scales: Assessing the Efficacy of Global Court Mediation Reform PART I Aims and Objectives of Court Mediation Reform 1. Court Mediation Reform Aims in a Global Context 2. Voluntary and Mandatory Mediation Programme Design PART II Voluntary Mediation Programmes 3. Mediation in the UK Courts 4. Mediation in the Hong Kong Courts 5. Mediation in the French Courts 6. Mediation in the Dutch Courts 7. Mediation in the Malaysian Courts PART III Mandated Court Mediation Programmes 8. Mediation in the United States Federal Courts 9. Mediation in the Australian Federal Courts 10. Mediation in the Italian Courts 11. Mediation in the Chinese Courts 12. Mediation in the Indian Courts PART IV Empirical Findings on Court Mediation 13. Insights and Recommendations from a Global Mediation Survey 14. Conclusions Select Bibliography Index

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Book SynopsisThis thorough and detailed Research Handbook explores the complexity of the governance of sales contracts in the modern world. It considers what is, and what ought to be, the role of traditional sales law in light of the growing diversity of commercial, trade and transactional contexts in which such contracts are made and performed. Offering an international and comparative perspective, leading experts in the field examine many topical aspects of sales law and practice. These include digital technologies, long-term contracts, global supply chains and trade in commodities. Chapters also investigate the diversity of sources that govern sales contracts today, particularly those sources that emanate from the industry and commercial players, such as standard form contracts, rules of trade associations, trade usages and trade terms. Through this critical and highly analytical examination, this Research Handbook ultimately demonstrates that the sources of governance found within the industrial sector are as important as traditional sales law, if not more so, in terms of their role in governing sales contracts in contemporary society. This timely and engaging Research Handbook will prove an essential read for students, scholars and legal practitioners with an interest in international commercial sales and contract law. Practitioners working in international trade across industry and the commercial sector will also benefit from its practical approach. Contributors include: R. Aikens, M. Bridge, F. Cafaggi, J. Coetzee, C.P. Gillette, M. Goldby, S. Green, M. Hammerson, C. Hare, E. Richardson, D. Saidov, M. Schillig, U.G. Schroeter, L. Spagnolo, A. Tettenborn, P. Wallace Trade Review‘Djakhongir Saidov’s book on International and Comparative Sale of Goods Law is, indeed, both a Handbook and an outstanding research work. Saidov has accomplished the task of combining enriching contributions from high-profile academics and practitioners to provide a sound understanding of key aspects of the law governing the cross-border sale of goods and address the complex question he has identified. At the same time, the Handbook, as research work, offers stimulating lines of thought to those readers with a deeper background in the topic.’ -- Miquel Mirambell Fargas, European Review of Contract LawTable of ContentsContents: Preface Part I: Purposes of Modern Sales Law 1. ‘Introduction: Unity and Diversity in the Law of Sale of Goods’ Djakhongir Saidov 2. ‘Unification, Disintegration or Optimization: Purposes of Modern Sales Law’ Lisa Spagnolo 3. ‘Has the UN Sales Convention Achieved its Key Purpose(s)? Ulrich G Schroeter Part II: Looking into the Substance of Sales Law 4. ‘Sales Law and Digitised Material’ Sarah Green 5. ‘Trade Usages in International Sales Law’ Djakhongir Saidov 6. ‘Abstract Damages in International Sale Contracts – When should They be Available?’ Andrew Tettenborn 7. ‘Substituting Data for Documents - A New Meaning for “Conforming Tender”? Miriam Goldby Part III: Standard Form Contracts and Trade Terms 8. ‘Are Commercial Standard Form Contracts Efficient?’ Clayton P Gillette 9. ‘CIF and FOB Contracts in English Law: Current Issues and Problems’ Michael Bridge 10. ‘Incoterms® and the Standardization of the International Sales Law’ Juana Coetzee Part IV: Transactional Contexts - Long-Term Contracts and Global Supply Chains 11. ‘Long-Term Gas Sales Agreements’ Marc Hammerson and Emma Richardson 12. ‘Long-Term Power Purchase Agreements: The Factors that Influence Contract Design’ Patrick Wallace 13. ‘Sales in Global Supply Chains: A New Architecture of the International Sales Law’ Fabrizio Cafaggi Part V: Intersections with other Areas 14. ‘The Impact of Arbitration on the Development of International Sales Law’ Richard Aikens 15. ‘Insolvency Treatment of Retention of Title Arrangements in Cross-Border Transactions’ Michael Schillig 16. ‘Consolidation and Disintegration in Trade Finance’ Christopher Hare Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world?s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Mark Tushnet, a world-renowned scholar of constitutional law, has excelled in extending and revising his essential introduction to comparative constitutional law. Through an analysis of topics at the cutting edge of contemporary scholarship, this authoritative study investigates constitution making, forms of constitutional review, proportionality analysis and its alternatives, and the development of a new ?transparency? branch in constitutions around the world. Throughout, the book draws upon examples from a wide range of nations, demonstrating that the field of comparative constitutional law now truly encompasses the world.New to this revised and enlarged second edition: ? Updated and extended material to encompass the developments in practice and scholarship since the original edition?s publication back in 2014? With substantial additional attention, Tushnet analyses abusive constitutionalism, the idea of the constituent power, eternity clauses and unconstitutional amendments Recent developments in weak- and strong-form constitutional review are given fresh analysis, as well as an expanded consideration of third generation rights. Addressing the key issues of constitutional design and structure, this second edition will serve as an excellent up-to-date resource for students and scholars of comparative constitutional law.Trade Review'In terms of succinctness, readability and sophistication, probably the best advanced introduction to comparative constitutional law you can find in under 150 pages.' --Mattias Kumm, New York University, School of Law, USTable of ContentsContents: 1. Introduction: comparative constitutional law – history and contours 2. Constitution-making 3. The structures of constitutional review and some implications for substantive constitutional law 4. The structure of rights analysis: proportionality, rules and international law 5. The structure of government 6. Conclusion References Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisOffering a concise and critical comparison of EU competition law and US antitrust law from an economic perspective, this is the ideal textbook for international and interdisciplinary courses combining law and economic approaches. The book provides thorough coverage including the definition of market power, the use of horizontal and vertical restrictions, mergers and the unilateral conduct of dominant firms. It also includes discussion of problems relating to the enforcement of legal prohibitions, which will be of particular interest to practitioners and regulators. With analysis of leading cases of EU competition law, US antitrust law and insightful case studies of competition laws in BRIC countries, this book succinctly highlights the key information and goes further to discuss the many issues relating to the use of economic analysis. Key Features: uses economic insights to help students understand the context in which the rules of competition law are applied systematically compares EU competition law and US antitrust law, with discussion of leading cases, in order to understand how the underlying principles work in practice clear presentation, including boxes highlighting key case studies, ensures information on the competition laws of various BRIC countries is easily accessible the comparative approach and use of international case studies make this an ideal textbook for students in any jurisdiction. Trade Review'The role of economic analysis in defining the sense of antitrust rules. The convergence between the US and the EU and their enduring differences. The competition laws recently adopted in other continents. Wherever you are in the world, you will find in this book everything you wanted to know about antitrust.' --Giuliano Amato, Judge of the Italian Constitutional Court, Former Prime Minister'Comparative Competition Law and Economics is a tour de force. It offers a fully integrated analysis of US and EU competition law and economics. The legal and economic analyses are up-to-date, comprehensive, provocative and yet readable. It deserves a spot on your bookshelf.' --Daniel Rubinfeld, New York University, School of Law and University of California, Berkeley, US'This is an excellent and truly interdisciplinary textbook on competition law and economics, in which students learn both the most important economic insights and the legal rules in a clear and comprehensible way. Particularly valuable is the comparative perspective in regard to EU competition law, US antitrust law, and other new competition laws in the world.' --Wolfgang Kerber, Marburg University, GermanyTable of ContentsContents: 1. Introduction 2. Economic approaches to competition law 3. The goals of competition law 4. Market power, market definition and entry barriers 5. Horizontal Restrictions 6. Vertical Restrictions 7. Unilateral conduct of dominant firms 8. Enforcement 9. Merger Control Index

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Book SynopsisComparative Tort Law: Global Perspectives provides a framework for analyzing and understanding the current state of tort law in most of the world's legal systems. The book examines tort law theories and cultures through a comparative methodology. It looks at general issues at play throughout the globe, such as causation, economic and non-economic damages, product and professional liability, as well as the relationship between tort law and crime, insurance, and public welfare schemes. This collection of essays written by tort law experts from around the world also offers a comprehensive comparative assessment of tort law rules, and consideration for the cultural contexts in which tort laws live, covering many jurisdictions that are usually neglected by mainstream debates and literature. Insightful case studies analyze specific features of selected tort systems in Europe, USA, Latin America, East Asia, and sub-Saharan Africa. This path-breaking, though accessible book is a critical tool for students, policymakers, practitioners, scholars and academic researchers, especially tort law and comparative law specialists.Contributors: A. Basir Bin Mohamad, M. Bussani, E. Büyüksagis, D.N. Dagbanja, G. Dari-Mattiacci, M. de Morpurgo, M. Dyson, I. Ebert, E.A. Engle, J. Gordley, H. Jiang, E. Hondius, M. Infantino, D. Jutras, E. Matsumoto, V.V. Palmer, F. Parisi, M. Reimann, A.J. Sebok, S.D. Sugarman, S.C. Symeonides, F. WerroTrade Review'Edward Elgar Publishing has now produced a very high quality academic contribution to Tort case studies entitled 'Comparative Tort Law'. . . The global perspectives given here by Bussani and Sebok on comparing the law of tort in different jurisdictions is one of the best now available for tort practitioners and scholars!' -- - The Barrister Magazine'An admirably sprawling survey of tort law in its broadest sense. Some chapters offer important comparative insights into malpractice, products liability, liability for economic loss, and tort damages. Others helpfully address related topics including jurisdiction, choice of law, insurance, and the tort-crime interface. The reader is also treated to historical, economic, philosophical, and cultural analyses of tort, and to informative chapters on the operation of tort law in non-western legal systems. Entirely apt to our global era, Comparative Tort Law is an important resource and the perfect antidote to narrow, parochial conceptions of tort law's character and significance.' -- John C. P. Goldberg, Harvard Law SchoolTable of ContentsContents: 1. Introduction to Comparative Tort Law: Global Perspectives Mauro Bussani and Anthony J. Sebok PART I GENERAL ISSUES 2. The Many Cultures of Tort Liability Mauro Bussani and Marta Infantino 3. Tort Law and Conflict of Laws Symeon C. Symeonides 4. Tort Law and Human Rights Eric A. Engle 5. Tort and Crime Matthew Dyson 6. Liability Rules: An Economic Taxonomy Giuseppe Dari-Mattiacci and Francesco Parisi 7. Tort Law and Insurance Ina Ebert 8. Alternative Compensation Schemes from a Comparative Perspective Daniel Jutras PART II THE WESTERN LAW OF TORTS 9. The Architecture of the Common and Civil Law of Torts: An Historical Survey James Gordley 10. The Bounds Between Negligence and Strict Liability Franz Werro and Erdem Büyüksagis 11. Professional Liability Ewoud Hondius 12. Product Liability Mathias Reimann 13. Causation Theories and Causation Rules Marta Infantino 14. A Comparative-Law Sketch of Pure Economic Loss Vernon Valentine Palmer 15. Tort Damages for Non-economic Losses: Personal Injury Stephen D. Sugarman PART III – NON-WESTERN PERSPECTIVES 16. Tort Law in Japan Emi Matsumoto 17. Chinese Tort Law: Between Tradition and Transplants Hao Jiang 18. Customary Tort Law in Sub-Saharan Africa Dominic N. Dagbanja 19. Islamic Tort Law Abdul Basir Bin Mohamad 20. Tort Law in Latin America Marco de Morpurgo Index

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Book SynopsisAs law's institutional configurations stand, comparative law is a relatively new discipline. The first specialized journals and chairs, for example, go back a mere two hundred years or so. Yet, in its two centuries of institutional existence, comparative law has been the focus of much discussion, mostly by comparatists themselves reflecting on their practice. Indeed, some of this thinking came firmly to establish itself as a governing epistemology within the field.This book holds that the time has nonetheless come, even for such a young venture as comparative law, to engage in a re-thinking of its intellectual ways. Specifically, three comparatists hailing from different horizons investigate various assumptions and lines of reasoning that must invite reconsideration. The principal ambition informing the work is to optimize the interpretive rewards that the comparison of laws is in a position to generate.Not limited to a particular country or jurisdiction, Rethinking Comparative Law aims to attract a large audience comprising students and scholars from diverse cultural backgrounds. Undergraduate or postgraduate law students and lawyers with an interest in comparative law will find the book helpful for a better appreciation of the many implications arising from the increased interaction with foreign law in a globalizing world.Trade Review'A fascinating and refreshing book on legal comparison! With much insight and depth, the three authors join forces, each one in four chapters, to offer new perspectives on how to engage seriously with the study of foreign law. Challenging the orthodoxy, the book offers fruitful reflections on the role of language and culture in law, and discusses questions of method, or the lack thereof, interdisciplinarity and other core questions of legal comparison, including that of the existence of law. The book will not only satisfy the curiosity of an academic audience, but also provide useful tools to international practitioners.' -- Franz Werro, Georgetown University Law Center, US, University of Fribourg, Switzerland and Co-Editor-in-Chief, American Journal of Comparative Law'Rethinking Comparative Law marks the urgency of a critical and heterodox approach to comparative legal studies. Stripping away from the hegemonic perspective in the field, which for more than a century has been content to compare the shells of laws, this work provides crucial tools for comparatists to pierce the carapace of foreign laws and perform in-depth analysis reaching to the very core of the foreign. An insightful and indispensable book for a culturalist view of the comparison of laws.' -- Daniel Wunder Hachem, Pontifícia Universidade Católica do Paraná and Universidade Federal do Paraná, Brazil'Rethinking Comparative Law is a valuable book on all the necessary and complex tools needed to manage legal reforms in a globalized world. The book makes an important and fresh addition to the literature on comparative law offering a new insight for a critical understanding of the notion of culture, which remains crucial for legal comparison. In so doing, the book represents a thoughtful and profound scrutiny of quantitative methods and their limits in legal analysis.' -- Pier Giuseppe Monateri, University of Torino, ItalyTable of ContentsContents: Introduction 1. The epistemological challenge: does law exist? 2. The comparatist and the illusion of autonomy 3. Methodology and comparative law: programme orientations 4. Method as deception 5. Comparisons otherwise: the merits of interdisciplinarity 6. Comparing comparisons 7. On the untranslatability of laws 8. The corrida, for example: how comparative understanding fares 9. How far culture? A critical examination of cultural defences 10. Comparison in action: on the beach 11. Quantifying law? ‘Legal origins’ or ‘doing business’ as usual 12. Is there generic law? The issue of constitutionalism Index

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Book SynopsisDrawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion. This book proposes an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. It argues that long-term changes in the number of effective veto-gates in the US and the UK are the key to understanding the antithesis that emerged between their administrative jurisprudence. It then forecasts the future of Anglo-American administrative law in light of recent destabilizing political developments, such as attempts by the US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and students of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful for political scientists and economists interested in judicial politics and regulation.Trade Review'A wonderful example of interdisciplinary comparative scholarship and an extremely insightful analysis of the different trajectories of administrative law in the United States and the United Kingdom. This is a must-read for public law scholars of all kinds.' --Mila Versteeg, University of Virginia, School of Law, USTable of ContentsContents: 1. Antithesis in Anglo-American Administrative Common Law 2. A Veto-gate Theory of Administrative Common Law 3. Law and the Regulatory State 4. Judicial Review of Administrative Statutory Interpretation 5. Judicial Review of Administrative Factfinding and Discretion 6. Closing Remarks Index

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Book SynopsisConstitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable.Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. ZackinTrade Review'A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' --Stephen Gardbaum, University of California, Los Angeles, School of Law, US'Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Erin F. Delaney and Rosalind Dixon Part I The Origins and Functions of Judicial Review 2. The Real Case for Judicial Review Alon Harel and Adam Shinar 3. Constitutions as Political Insurance: Variants and Limits Rosalind Dixon and Tom Ginsburg 4. Comparative Constitutional Law as a Window on Democratic Institutions Samuel Issacharoff 5. The Origins and Growth of Judicial Enforcement Steven Gow Calabresi Part II The Political and Institutional Contexts for Judicial Review 6. Interpreting Constitutions in Divided Societies Hanna Lerner 7. Judicial Review in the Context of Constitutional Islam Salma Waheedi and Kristen Stilt 8. New Judicial Roles in Governance Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein 9. Competition or Collaboration: Constitutional Review by Multiple Final Courts Wen-Chen Chang and Yi-Li Lee Part III The Stability and Effectiveness of Judicial Review 10. Judicial Review as a Self-Stabilizing Constitutional Mechanism Tonja Jacobi, Sonia Mittal and Barry R. Weingast 11. Losing Faith in Law’s Autonomy: A Comparative Analysis Theunis Roux 12. Courts and Support Structures: Beyond the Classic Narrative David Landau 13. National Perspectives on International Constitutional Review: Diverging Optics Karen J. Alter 14. Efficacious Judging on Apex Courts Lee Epstein and Jack Knight 15. Limiting Judicial Discretion Mila Versteeg and Emily Zackin Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges 16. Beyond Europe and the United States: The Wide World of Judicial Review Virgílio Afonso da Silva 17. Judicial Review and Public Reason Wojciech Sadurski 18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle Vicki C. Jackson 19. Comparative Approaches to Constitutional History Jamal Greene and Yvonne Tew 20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and Methodological Challenges Ran Hirschl Index

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Book SynopsisComparative Competition Law examines the key global issues facing competition law and policy. This volume's specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement - such as the regulator's powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.Contributors include: R. Burgess, E. Buttigieg, M.A. Carrier, L. Cejnar, J. Clarke, D.A. Crane, A. Ditzel Faraco, A. Duke, J. Duns, G.A. Hay, K. Klovers, A. Merrett, N.H. Nesbitt, G.C. Shaffer, T. Shiraishi, R.L. Smith, A. Speegle, B. Sweeney, J. Tapia, S. Vande Walle, S.W. Waller, W. ZhengTrade Review’Ultimately, the key to this book's success is the editors' ability to mobilise a remarkable group of authors with affiliation to various institutions and professions from different countries. It most certainly fills the gap in the literature with its insightful analysis of the numerous competition law concerns in a wide selection of countries, including developing jurisdictions.' -- European Competition Law Review'Comparative Competition Law provides a welcome scholarly examination of the key global issues that impact the way law and policy operate, as the proliferation of anti-trust regimes over the past 25 years has led to a global recognition of competition law.' -- Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers, UK'It is impossible to be a competition law practitioner without an understanding of competition regulation in the world's leading economies. It is equally impossible to practice in the area without a detailed understanding of economics. This collection of essays by leading internationally acclaimed academics and practitioners makes an important contribution to both areas. There are excellent chapters that explain the key areas of economic theory, as well as informative chapters on international trends. This collection will prove to be an indispensable addition to the library of any serious competition lawyer.' -- The Hon Ray Finkelstein QC, former President of the Australian Competition Tribunal, former Judge of the Federal Court of AustraliaTable of ContentsContents: PART I INTRODUCTION AND OVERVIEW 1. Themes John Duns, Arlen Duke and Brendan Sweeney 2. The Globalization of Competition Law: Yes or No?: Leela Cejnar and Rachel Burgess PART II THE SUBSTANTIVE LAW 3. Defining and Proving Markets and Market Power Rhonda L. Smith 4. Anti-Competitive Agreements: The Meaning of ‘Agreement’ George A. Hay 5. Anti-Competitive Agreements: The Range of Conduct Caught John Duns 6. Understanding Market Power Alexandra Merrett 7. Antitrust Treatment of Intellectual Property Rights Michael A. Carrier 8. Current Issues in Merger Law Julie Clarke 9. Vertical Conduct: Non-Price Restraints John Duns 10. Vertical Conduct: Resale Price Maintenance Eugène Buttigieg PART III ENFORCEMENT AND SANCTIONS 11. Public Enforcement Arlen Duke 12. Criminalizing Cartels: A Global Trend? Gregory C. Shaffer, Nathaniel H. Nesbitt and Spencer Weber Waller 13. International Governance of Competition and the Problem of Extraterritorial Jurisdiction Brendan Sweeney 14 Private Antitrust Enforcement: Comparative and Policy Considerations Daniel A. Crane, Keith Klovers and Adam Speegle PART IV COMPETITION LAW IN SELECTED JURISDICTIONS 15. Competition Law in Japan Simon Vande Walle and Tadashi Shiraishi 16. Competition Law in China Wentong Zheng 17. Latin American Antitrust Law and Policy – An Overview of Three Jurisdictions: Brazil, Chile and Colombia Javier Tapia and Alexandre Ditzel Faraco Index

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Book SynopsisConceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaëll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany.Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.Trade Review‘The predominant theme that emerges from this impressively learned, eight chapter study is one of convergence. Emerich repeatedly reveals that property actually functions in remarkably similar ways in the civil law and common law traditions despite different historical origins and doctrinal labels. Emerich’s interest in - and discovery of - this striking commonality originates in her commitment to 'transsystemia,' an approach to teaching and understanding law that grew out of Quebec’s fertile bilingual, bijural mixed jurisdiction.Many diverse readers will benefit from Emerich’s work. Lawyers, judges and traditional doctrinal property law scholars in the largest civil law and common law systems will learn much from Emerich’s careful study simply because of its clear, incisive description of so much law. Readers in other mixed jurisdictions, such as Louisiana, Scotland and South Africa, will find the portions of Emerich’s book that detail the choices Quebec has made in creating its property law system particularly intriguing. Property theorists will also find Emerich’s book rewarding as it points to a number of deep, cross-jurisdictional patterns in the structure of property law.’ -- John A Lovett, Journal of Civil Law StudiesTable of ContentsContents: Introduction 1. Historical Approach to Property 2. Origins of Title: Possession and its Effects 3. In Search of Private Property: Between the Civil Law and the Common Law 4. Limitations to Private Property 5. Objects of Property Rights 6. Fragmentation and Modifications to Property 7. Trusts and Fiducia Conclusion Bibliography Index

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Book SynopsisChina is the largest greenhouse gas emitter in the world and also suffers from devastating climate catastrophes. Increasingly, policymakers in China have come to realize that government alone cannot adequately prevent or defray climate-related disaster risks. This book contends that a better way to manage catastrophe risk in China is through private insurance rather than directly through the Chinese government. In addition, private insurance could function as a substitute for, or complement to, government regulation of catastrophe risks by causing policyholders to take greater precautions to reduce climate change risks. This book's unique contribution lies in explaining how private sector insurance could be harnessed to better protect China from climate change risks, addressing the shortcomings in China's private sector when it comes to the incentive and capacity to provide catastrophe insurance. Following the dual principles of insurers acting as private risk regulators and the government acting as a last resort, this book proposes a multi-layered public-private catastrophe insurance partnership in China. It uses a thorough combination of law and economics methodology to analyze these issues. Researchers, academics, and journalists writing on climate change in China will have a strong interest in this book, as will practitioners and policy-making bodies, Chinese government officials and agencies in insurance, finance and environmental regulation, private lawyers, private insurers, and global reinsurers.Table of ContentsContents: Introduction 1. Climate change, catastrophe risk, and government stimulation of the insurance market—a study of transitional China 2. Climate change, and financial instruments to cover disasters: What role for insurance in transitional China? 3. Mitigation of climate-change risks and regulation by insurance 4. Regulation by catastrophe insurance: a comparative study 5. Regulation by government-sponsored reinsurance in catastrophe management 6. Innovations in insurance markets and securitization of catastrophe risk: experiences and lessons to learn 7. Roadmap for transitional reform in China Index

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