Comparative law Books
Oxford University Press The Judicial System of Russia
Book SynopsisThe Judicial System of Russia paints a portrait of the courts of the Russian Federation under Putin, how they work in practice, and what shapes the behaviour of its judges. It stresses the dual nature of a judicial system, where ordinary cases are for the most part handled fairly, but where cases of interest to powerful persons are subject to influence--a common situation in authoritarian states. In so doing, the authors trace the origins of some contemporary practices to the Soviet past, but also identify novelties. They pay close attention to the struggles of reformers to make the courts fairer and more efficient, along with the measures taken to ensure that judges conform to the expectations of their political masters. This means dealing with the evolution of judicial governance, including the selection, promotion, and disciplining of judges.In studying the actual operation of the courts, the authors take a socio-legal approach, emphasizing how different players (petitioners, responTable of ContentsPART ONE: Historical Perspectives 1: Legacies from the Past: Tsarism and the Soviet Experience 2: The (Re)Making of Courts and Judicial Governance, 1988-2021 PART TWO: People, Attitudes, Politics 3: Judges and the Judiciary: Recruitment, Discipline, Careers 4: Lawyers: Training and Role in the Courts 5: Public Attitudes Towards Courts and the Use of Courts 6: Cases with Outside or Inappropriate Influence PART THREE: The Administration of Justice or Courts in Action 7: Justice-of-the-Peace Courts and Everyday Law 8: The Administration of Criminal Justice 9: Civil Justice 10: The Arbitrazh Courts and Business Disputes 11: Constitutional and Administrative Justice
£24.99
Oxford University Press Methodology in Private Law Theory
Book SynopsisMethodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic. In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship. Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.Table of ContentsThilo Kuntz and Paul B. Miller: Introduction I - Methodology in Private Law Theory: General Perspectives 1: Marietta Auer: A Genealogy of Private Law Epistemologies 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law 3: Andrew S. Gold: When Private Law Theory is Close Enough 4: Felipe Jiménez: Understanding Private Law 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship 8: Nils Jansen: The Point of View of Doctrinal Legal Science 9: Paul B. Miller: Formalism, Legality, and the Rule of Law 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers III - Empirical, Philosophical, and Normative Approaches to Private Law Theory 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship 13: Lorenz Kähler: The Minimal Morality of Private Law 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights 15: Paul Krell: The Critical Potential of Doctrinal Analysis 16: Kevin Tobia: Private Law Theory from an Empirical Perspective
£140.00
Oxford University Press The Private Enforcement of Competition Law
Book SynopsisOperating alongside public enforcement, private enforcement deters anti-competitive conduct and compensates the victims of competition law breaches, empowering them to vindicate their rights against companies. Approaches to private competition enforcement differ vastly across jurisdictions, further complicated by a diversity of tort and procedural laws. Given that many anti-competitive practices are transnational in nature, understanding how private competition claims are dealt with in different jurisdictions is essential. Pedro Caro de Sousa''s monograph offers the first comprehensive and truly international overview of private competition enforcement. Across two sections, Caro de Sousa breaks down the main constituent elements of private enforcement and compares the ways in which each element is implemented across the main jurisdictions, particularly in the US and the EU. The book''s first section supplies a general overview of the topic, including a discussion of the relationship be
£178.26
Oxford University Press Data Retention in Europe and Beyond
Book SynopsisBringing together experts from across the world, this book analyses the impact of CJEU case law after the now invalidated Data Retention Directive. It provides a critical assessment of legal and policy developments, as well as reflections on the potential future for data retention regulation in the European Union and beyond.
£133.00
Oxford University Press Torts and Rights
Book SynopsisThe law of torts is concerned with the secondary obligations generated by the infringement of primary rights. This work seeks to show that this apparently simple proposition enables us to understand the law of torts as found in the common law. Using primarily English materials, but drawing heavily upon the law of other common law jurisdictions, Stevens seeks to give an account of the law of torts which relies upon the core material familiar to most students and practitioners with a grasp of the law of torts. This material is drawn together in support of a single argument in a provocative and accessible style, and puts forward a new theoretical model for analysing the law of torts, providing an overarching framework for radically reconceiving the subject.Trade ReviewThis is a major contribution to the literature, demanding the attention of anyone with a serious interest in the theory of the law of tortious responsibility. * European Tort Law *This intelligent and ambitious book is going to influence deeply future discourse. * Russell Brown, Canadian Business Law Journal *Torts and Rights is full of stimulating and provocative analysis and argument, both descriptive and normative. It deserves a large and wide audience. * Peter Cane, The Modern Law Review *In Torts and Rights, Stevens has taken the claim of rights-based theorists one step further and in a far-ranging tour de force shows how most of the well-recognised torts can be understood from this perspective. * JW Neyers, Kings Law Journal *Whilst Stevens audience may not find themselves in agreement with all of his conclusions, few will be able to deny the coherence of his presentation or the clarity of his reasoning. Its impact on the law of torts is bound to be significant; tort lawyers, you have been warned. * Sarah Green, The Cambridge Law Journal *A much clearer and rational analysis of the structure of tort law * Simon Douglas, Law Quarterly Review *Packed with a host of valuable insights * John Murphy, Oxford Journal of Legal Studies *Stevens presents a convincing and hard-hitting rights-based portrayal of the whole of the law of torts in an economical 361 pages. * JW Neyers, King's Law Journal, 19 *A valuable contribution to the subject. * Lord Hoffmann, from the Foreword *Table of Contents1. Introduction ; 2. Rights ; 3. Loss ; 4. Remedies ; 5. Fault ; 6. Causation ; 7. Remoteness ; 8. Privity ; 9. Concurrence ; 10. State ; 11. Attribution ; 12. Accessories ; 13. Classification ; 14. Policy ; 15. Justice ; 16. Conclusion
£150.00
Oxford University Press Foundations of Private Law
Book SynopsisFoundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.Table of ContentsI THE ENTERPRISE ; 1. Basic Principles ; 2. Differences among Legal Systems ; II PROPERTY ; 3. Possession and Ownership ; 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht ; 5. Private Modification of the Right to use Property: Servitudes ; 6. Rights Annexed to the Use of Property: The Case of Water Rights ; 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession ; 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property ; III TORTS ; 9. The Structure of the Modern Civil and Common Law of Torts ; 10. The Defendant's Conduct: Intent, Negligence, Strict Liability ; 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' ; 12. Liability in Tort for Pure Economic Loss ; IV CONTRACTS ; 13. Promises ; 14. Mistake ; 15. Impossibility and Unexpected Circumstances ; 16. Promises to Make a Gift ; 17. Promises to Exchange ; 18. Liability for Breach of Contract ; V UNJUST ENRICHMENT ; 19. The Principle against Unjustified Enrichment ; 20. Restitution without Enrichment? ; 20. Remedies in Restitution
£53.55
Oxford University Press, USA Federalism Democratization and the Rule of Law in Russia
Book SynopsisCombining the approaches of three fields of scholarship - political science, law and Russian area- tudies - the author explores the foundations and future of the Russian Federation. Russia''s political elite have struggled to build an extraordinarily complex federal system, one that incorporates eighty-nine different units and scores of different ethnic groups, which sometimes harbor long histories of resentment against Russian imperial and Soviet legacies. This book examines the public debates, official documents and political deals that built Russia''s federal house on very unsteady foundations, often out of the ideological, conceptual and physical rubble of the ancien régime. One of the major goals of this book is, where appropriate, to bring together the insights of comparative law and comparative politics in the study of the development of Russia''s attempts to create - as its constitution states in the very first article - a ''Democratic, federal, rule-of-law state''Trade Review"Dr. Jeffrey Kahn's admirable and thoroughly researched study offers invaluable materials and insights on what has been transpiring in the world of Russian federalism (and beyond) from the earliest Soviet days to the present, with particular emphasis and depth on the post-Soviet decade." William E. Butler, Michigan Law Review"I have not seen a better account, or a more perceptive one, in any language." William E. Butler, Michigan Law Review"Kahn's study is the best and most thoughtful account available of the early experience." William E. Butler, Michigan Law ReviewTable of Contents1. Introduction ; 2. Federal Theory ; 3. Soviet 'Federalism' ; 4. Gorbachev's Federalism Problem ; 5. The Process of Federal Transition ; 6. Inter-Governmental Relations Under Yeltsin's New Federalism ; 7. Federal Effects on Transitions in Russia's Republics ; 8. The Federal Reforms of Vladimir Putin ; 9. Conclusion
£156.75
Oxford University Press Understanding Common Law Legislation
Book SynopsisThere are many countries that use and apply the common law, which collectively may be called the common law world. A feature of this world is that nowadays it largely operates through statutes enacted by a country''s democratic legislature, and that these mainly fall to be construed according to a uniform system of rules, presumptions, principles and canons evolved over centuries by common law judges. The statutes subject to this interpretative regime may be called common law statutes. They are the main subject of this book, along with the said uniform system. The book distills and updates within a brief compass the author''s published writings on statute law and statutory interpretation which span a period of nearly forty years, being contained in half a dozen books and many more articles. The chief books are Statute Law (Longman, third edition 1990), Halsbury''s Laws of England, Title Statutes (Butterworths, 4th edition reissue 1995), and Bennion on Statutory Interpretation (LexisNexTrade ReviewFrancis Bennion brings with him years of experience in legislative drafting ... The treatment is uniformly illuminating, and the style is homely. * The Commonwealth Lawyer *Readers who have come to expect a degree of iconoclasm from Francis Bennion will not be disappointed. he includes the occasional throwaway line which reverberates. All this serves only to increase the pleasure of reading the book: it never affects the careful objectivity which Bennion brings to bear on his subject. * Law Quarterly Review Vol. 118, July 2002 *... fascinating and entertaining ... The text is clear and accessible, enlivened by examples and enhanced by chapter summaries. * New Law Journal, 8 Feb 2002 *For Bennion: "Legislation is what the legislator says it is. The meaning of legislation is what the court says it is"...A major difference in craft, which Bennion highlights, lies in the drafting style of legislation in the common law...the issues of differences in drafting may be less of a problem in relation to legal interpretation and be more of a matter concerning what Bennion helpfully describes as "law management"-the techniques of dealing with statutory materials. In terms of "learning the craft of law", techniques of law management may be more significant than techniques of legal interpretation. Bennion's work is at its clearest in describing the procedures to be followed for processing an enactment...As he suggests, the process of understanding and compiling a statute depends on understanding how it was drafted in the first place... * Professor John Bell, Legal Studies, Vol. 22 No. 3, September 2002 *This book lays down most lucidly the fundamentals of common law legislation, the drafting techniques and the interpretation principles. In his voluminous treatise on Interpretation, Bennion has seminally carved out new spheres of interpretative jurisprudence and this book could be said to be a prologue to the main treatise. It proved very useful in the course on Interpretation as not many books give the jurisprudential foundations of interpretation principles which it does. * Rishabh Sancheti, National Law University, India, September 2006 *[This book] not only makes a good reading on understanding common law legislation but also delves into 'global techniques' of interpretation of statutes. It also offers a blue print of law curriculum on interpretation of statutes. * K. I. Vibhute, Scholastcus, January 2004 *Bennion is one of Great Britain's leading scholars in the area of statutory construction. This is one of the best books on statutory construction that I have read. * Gary O'Connor, Statutory Construction Zone *The book is based on writings which span nearly four decades. It covers not only issues relating to the enactment of common law statutes and the various rules governing their interpretation, but also legal policy, the nature of discretionary powers, the jurisprudential basis of the common law method, and techniques of law management. The treatment is uniformly illuminating and the style is homely. The author's philosophy is best summed up in his observation that, "Up and down the land, statutes are not some out of the way dusty nuisance. They are part of everyday life, and we had better understand them if we can." * Dr Venkat Iyer, The Commonwealth Lawyer vol.11 no.2, August 2002 *Bennion is outstanding in conceptualising statutory interpretation. * Jeffrey Barnes, Law Trobe University, Australia, 2001 *Table of Contents1. Basic concepts I: common law statutes; the enactment; legal meaning; factual outline and legal thrust; implied ancillary rules ; 2. Basic concepts II: opposing constructions; literal, purposive and developmental interpretations ; 3. Grammatical and strained meanings ; 4. Consequential and rectifying constructions ; 5. Contradictory enactments and updating construction ; 6. Drafting techniques and the Interpretation Act ; 7. Transitional provisions and the Cohen question ; 8. Words in pairs ; 9. Rules of interpretation ; 10. Legal policy ; 11. Interpretative presumptions ; 12. Linguistic canons and interpretative technique ; 13. The nature of judgment ; 14. The nature of discretion ; 15. The European Union and the HRA ; 16. The jurisprudential basis of the common law method ; 17. The common law system in America ; 18. Techniques of law management
£93.75
Oxford University Press Property Justice
Book SynopsisWhen philosophers put forward claims for or against ''property'', it is often unclear whether they are talking about the same thing that lawyers mean by ''property''. Likewise, when lawyers appeal to ''justice'' in interpreting or criticizing legal rules we do not know if they have in mind something that philosophers would recognize as ''justice''.Bridging the gulf between juristic writing on property and speculations about it appearing in the tradition of western political philosophy, Professor Harris has built from entirely new foundations an analytical framework for understanding the nature of property and its connection with justice. Property and Justice ranges over natural property rights; property as a prerequisite of freedom; incentives and markets; demands for equality of resources; property as domination; property and basic needs; and the question of whether property should be extended to information and human bodily parts. It maintains that property institutions deal both witTrade ReviewReview from previous edition the book gets full marks for opening up discussions of several crucial features of property institutions, and for challenging received views on such topics as ownership of one's body and the status of rights to property. All in all, this is a book students of political philosophy should read, and it makes a welcome addition to the body of good work that has been produced on property in the past decade. Indeed, it is probably the best book on property we now have. * David Crossley Dialogue *James Harris has written and admirable book in which he seeks to combine lawyerly insights about property with philosophical insights about justice The book as a whole is laudable achievement and should be studied by anyone interested in the two key concepts designated in the title. * Matthew Kramer, Cambridge Law Journal *There are two particular explanations of why this ambitious project deserves a welcome. They concern, first, the status of arguments about justice and property in political theory; and secondly, the relationship between the study of law and the concerns of political philosophy. * Andrew Reeve, Oxford Journal of Legal Studies *The primary audience for this book will be philosophers of law, who will find the philosophical analysis and arguments about property as it features in Anglo-American law very enlightening. * Peter Vallentyne, Virginia Commonwealth University, Mind, no 108, no 431, July 1999 *Table of ContentsPART I: WHAT IS PROPERTY? ; 1. Introduction ; 2. Imaginary Societies ; 3. Minimal Structure ; 4. Building on the Minimal Structure ; 5. Ownership as an Organizing Idea ; 6. Ownership as a Principle ; 7. Private and Non-private Property ; 8. Person-Thing and Person-Person Relations ; 9. What Property is ; PART II: IS PARTY JUST? ; 10. The Agenda ; 11. Natural Property Rights and Labour ; 12. Natural Property Rights and the Assault Analogy ; 13. Property and Freedom ; 14. Against Property Freedoms ; 15. The Instrumental Values of Property ; 16. Alleged Dominating Principles ; 17. The Limits of Property ; 18. Property is Just, to a Degree, Sometimes ; Bibliography ; Index
£60.30
Oxford University Press Universal Jurisdiction International and Municipal Legal Perspectives Oxford Monographs in International Law
Book SynopsisAfter centuries of near dormancy, the concept of ''universal jurisdiction'' has suddenly become an important legal tool in the international campaign against impunity, most prominently in high-profile criminal trials. Among the legal questions raised by the exercise of universal jurisdiction, this book considers two. Under what conditions is a country investigating or prosecuting a foreigner for an extraterritorial offence internationally competent? What is the basis in municipal law for the exercise of universal jurisdiction? Reydams first identifies the international legal issues that arise when a State exercises extraterritorial jurisdiction generally, discerns the different doctrinal concepts of universal jurisdiction, and traces universal jurisdiction in current international texts such as multilateral conventions, resolutions of intergovernmental bodies, and official drafts and studies. He then brings together, and makes accessible in English, detailed accounts of universal jurisTrade Review... meticulously and comprehensively navigates the discourse over a nation-state's authority to prosecute an alleged international criminal ... I am unaware of any other study of universal jurisdiction offering as extensive a compilation and critique of the relevant domestic law. * The American Journal of International Law *Reydams provides an excellent historical overview of the development of the principle [of universal jurisdiction]. ...[his] book offers a clear counterpoint to those on both ends of the political spectrum who overstate and celebrate the extent of universal jurisdiction and those who overstate and fear it. * International Affairs *Table of ContentsPART I. UNIVERSAL JURISDICTION IN INTERNATIONAL LAW; PART II. UNIVERSAL JURISDICTION IN MUNICIPAL LAW
£67.00
Oxford University Press, USA Altruism in Private Law Liability for Nonfeasance and Negotiorum Gestio
Book SynopsisExamines two problems in Private law which are posed by the 'Good Samaritan'. This work examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems.Trade Review[This] book is to be welcomed as a carefully argued, at times imaginative, contribution to the continuing debate about the future annd shape of the English law of rescue. * Kevin Williams, Modern Law Review *The author is to be commended for his lucid treatment of both doctrines, and for his subtle and convincing analysis of their interconnectedness * European Tort Law *This slim, elegantly-argued volume presents a persuasive case for the reconsideration of both liability for nonfeasance and reimbursement for necessitous intervention in English LawIn a clear and elegant style, Kortmann has written a remarkable book in which he has developed a fine, sophisticated theory. It is to be hoped that the English courts will draw inspiration from it. * Professor J.H.A. Lokin, Ars Aequi *An interesting read, based on considerable research. The account is thoughtful and thought-provoking and challenges the common lawyer to reassess his or her views on the topic of omissions.... Lord Goff in Smith v Littlewoods onceded that the legal treatment of omissions may one day need to be reconsidered. Kortmann eloquently puts the case for such a change. * Paula Giliker, King's College Law Journal *[This book] certainly constitutes essential reading for any lawyer interested in the nature and effect of altruism in private law. * D.H. Van Zyl, Legal Studies *Without doubt ... [Kortmann] deserves much praise for a book that is certain to captivate the reader. ... His arguments are well written and ...demonstrate a heartwarming erudition * Professor H.C.F. Schoordijk, Weekblad voor Privaatrecht, Notariaat en Registratie *Table of ContentsPART I: LIABILITY FOR NONFEASANCE ; I. INTRODUCTION ; II. WHAT IS 'NONFEASANCE'? ; III. THEORETICAL JUSTIFICATIONS FOR DISTINGUISHING BETWEEN FEASANCE AND NONFEASANCE ; IV. LIABILITY FOR NONFEASANCE IN CONTINENTAL EUROPEAN PRIVATE LAW ; V. LIABILITY FOR NONFEASANCE IN ENGLISH PRIVATE LAW ; VI. TOWARDS A MORE CONSISTENT APPROACH ; PART II: GRANTING A CLAIM TO THE INTERVENER ; VII. THE DIFFERENT MEASURES OF RECOVERY AND THEIR TERMINOLOGY ; VIII. THEORETICAL ARGUMENTS AGAINST GRANTING A REMEDY TO THE INTERVENER ; IX. THEORETICAL ARGUMENTS IN FAVOUR OF GRANTING A REMEDY TO THE INTERVENER ; X. THE CONTINENTAL DOCTRINE OF 'NEGOTIORUM GESTIO' ; XI. THE POSITION IN ENGLISH LAW ; XII. TOWARDS A GENERAL PRINCIPLE: USING THE EXISTING DOCTRINES? ; XIII. TOWARDS A NEW GENERAL PRINCIPLE ; EPILOGUE
£117.00
Oxford University Press Inc Patent Law in Global Perspective
Book SynopsisPatent Law in Global Perspective addresses critical and timely questions in patent law from a truly global perspective, with contributions from leading patent law scholars from various countries. Offering fresh insights and new approaches to evaluating key institutional, economic, doctrinal, and practical issues, these chapters reflect critical analyses and review developments in national patent laws, efforts to reform the global patent system, and reconfigure geopolitical interests.Professors Ruth L. Okediji and Margo A. Bagley bring together the first collection to explore patent law issues through the lens of economic development theory, international relations, theoretical foundations for the patent law system in the global context, and more. Topics include: the role of patent law in economic development; the efficacy of patent rights in facilitating innovation; patents and access to medicines; comparative patentability standards (including subject matter eligibility for biotechnolTrade Review"Ruth Okediji and Margo Bagley have stitched together a vast tapestry into which all the strands of credible patent theory past and present have been skillfully woven. The resulting work has colour, depth, and reflects both those areas of consensus that have driven patent systems together and those dissonances which come so close to shaking them apart. Whatever your view of patents, this collection of essays will be sure to enhance it." --Jeremy Phillips, Professorial Fellow, Queen Mary Intellectual Property Research Institute "Though much of the recent literature on international patent law focuses on harmonization, there is considerable cross-national diversity in patent law and practice. Patent Law in Global Perspective is the best single source describing the reasons for this diversity, the tradeoffs countries face in designing patent law, and the implications of these choices. Fascinating and informative, it will be valuable not only for academics doing research on patents, but also to policymakers considering the wisdom of different policy approaches." --Bhaven N. Sampat, Associate Professor, Columbia UniversityTable of ContentsAcknowledgments ; Preface ; Introduction ; Table of Abstracts ; Chapter 1: Public Welfare and the International Patent System ; Ruth L. Okediji ; Part I-Global Patent Law and the Political Economy of Harmonization ; Chapter 2: Intellectual Property Lawmaking, Global Governance, and Emerging Economies ; Rochelle C. Dreyfuss ; Chapter 3: US Executive Branch Patent Policy, Global and Domestic ; Arti K. Rai ; Chapter 4: Transnational Legal Ordering and Access to Medicines ; Gregory Shaffer and Susan K. Sell ; Chapter 5: The Limits of Substantive Patent Law Harmonization ; Graham Dutfield ; Part II-Global Approaches to Subject Matter Standards and Eligibility ; Chapter 6: Patent Barbarians at the Gate: The Who, What, When, Where, Why and How of U.S. Patent Subject Matter Eligibility Disputes ; Margo A. Bagley ; Chapter 7: Patent Law's Problem Children: Software and Biotechnology in Transatlantic Context ; Dan L. Burk ; Chapter 8: Patenting Plants: A Comparative Synthesis ; Mark D. Janis ; Chapter 9: Enablement and Written Description ; Matthew Fisher ; Part III-Patents, Institutions, and Innovation Pathways ; Chapter 10: Indigenous Developmental Networks and the Non-developmental State: Making Intellectual Property Work for Indigenous People without Patents ; Peter Drahos ; Chapter 11: Observing the Patent System in Social and Political Perspective: A Case Study of Europe ; Shobita Parthasarathy and Alexis Walker ; Chapter 12: Toward a Theory of Regulatory Exclusivities ; John R. Thomas ; Part IV-Exceptions and Limits to Patent Protection ; Chapter 13: A False Sense of Security Offered by Zero-Price Liability Rules? Research Exceptions in the United States, Europe, and Japan in an Open Innovation Context ; Esther van Zimmeren and Geertrui van Overwalle ; Chapter 14: Exhaustion and Patent Rights ; Christopher Heath ; Chapter 15: A New Approach to the Compulsory License Conundrum ; Cynthia M. Ho ; Chapter 16: Balancing "Incentive to Innovate" and "Protection of Competition" ; An African Perspective on Intellectual Property Rights and Competition Law ; Mor Bakhoum ; Part V-TRIPS Compliance, Patent Enforcement, and Patent Remedies ; Chapter 17: Patentability Criteria as TRIPS Flexibilities: The Examples of China and India ; Daniel Gervais ; Chapter 18: Proof of Progress: The Role of the Inventive Step/Non-obviousness Standard in the Indian Patent Office ; Feroz Ali Khader and Srividhya Ragavan ; Chapter 19: Pharmaceutical Patent Enforcement: A Development Perspective ; Shamnad Basheer, Jay Sanklecha and Prakruthi Gowda ; Chapter 20: A Research Agenda for the Comparative Law and Economics of Patent Remedies ; Thomas F. Cotter ; Chapter 21: The Rule of Patent Law (RPL) as Established by the TRIPS Agreement and Its Role of Promoting Trade Rather than Invention ; Nuno Pires de Carvalho ; Index
£112.62
Oxford University Press The German Law of Unjustified Enrichment and Restitution A Comparative Introduction
Book SynopsisThis book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach. The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.Trade ReviewThis superb book is a model of how comparative law can be done. It provides an excellent balance between an overview of a distinct area of the law, detailed discussion of the issues that arise across the whole spectrum of that law, and a significant contribution to an ongoing debate that is of major domestic and wider comparative interest...All in all, the book is a stimulating, learned and invaluable companion to anyone interested in the subject * Robin Evans-Jones, The Edinburgh Law Review *Table of ContentsI UNJUSTIFIED ENRICHMENT AND RESTITUTION IN GERMAN LAW; II THE WIDER COMPARATIVE PERSPECTIVE
£101.25
Oxford University Press Principles of French Law
Book SynopsisPrinciples of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them.In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact, especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations.The chapters present not only the rulTrade ReviewReview from previous edition '...to those who want a single book on French law, one can strongly recommend it...' * Tony Weir, Law Quarterly Review *Table of ContentsIntroduction: The Spirit of French Law ; PART I: THE SYSTEM ; 1. Sources of Law ; 2. Court Institutions ; 3. People Administering Justice ; PART II: THE LAW ; 4. Legal Procedure ; 5. Constitutional Law ; 6. Administrative Law ; 7. Criminal Law ; 8. Family Law ; 9. The Law of Property ; 10. The Law of Obligations ; 11. Commercial Law ; 12. Employment Law ; PART III: STUDYING FRENCH LAW ; 13. Bibliographical Guide and Legal Methods ; Appendix: Bibliographical Sources and Legal Methods
£81.00
Oxford University Press The Paradox of Constitutionalism
Book SynopsisThe book sets out to examine some of the key features of what we describe as the paradox of constitutionalism: whether those who have the authority to make a constitution - the ''constituent power'' - can do so without effectively surrendering that authority to the institutional sites of power ''constituted'' by the constitutional form they enact. In particular, is the constituent power exhausted in the single constitutive act or does it retain a presence, acting as a critical check on the constitutional operating system and/or an alternative source of authority to be invoked in moments of crisis? These questions have been debated both in different national contexts and at the level of constitutional theory, and these debates are acknowledged and developed in the first two sections of the book. Part I includes chapters on how the question of constituent power has been treated in the constitutional histories of USA, France, UK and Germany, while Part II examines the question of constituTable of ContentsINTRODUCTION ; 1. Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood ; A CONCEPTUAL HISTORY OF CONSTITUENT POWER ; 2. Constituent Power Subverted: From English Constitutional Argument to British Constitutional Practice ; 3. Constituent Power and Constitutional Change in American Constitutionalism ; 4. Constituent Power in France: The Revolution and its Consequences ; 5. 'We are (afraid of) the people': Constituent Power in German Constitutionalism ; 6. People and Elites in Republican Constitutions, Traditional and Modern ; THE ARTICULATION OF CONSTITUENT POWER: RIVAL CONCEPTIONS ; 7. The Politics of the Question of Constituent Power ; 8. Private and Public Autonomy Revisited: Co-originality in Times of Globalization and the Militant Security State ; 9. Constitutionalism's Post-Modern Opening ; 10. Against Substitution: The Constitutional Thinking of Dissensus ; EXTENSION AND DIVERSIFICATION OF CONSTITUENT POWER ; 11. The Exercise of Constituent Power in Central and Eastern Europe ; 12. 'We the Peoples': Constituent Power and Constitutionalism in Plurinational States ; 13. Post-Constituent Constitutionalism? The Case of the European Union ; 14. 'We the Peoples of the United Nations': Constituent Power and Constitutional Form in International law ; 15. Constituent Power and the Pluralist Ethic ; 16. The Imperialism of Modern Constitutional Democracy
£54.90
Oxford University Press Applicable Law in InvestorState Arbitration The Interplay Between National and International Law Oxford Monographs in International Law
Book SynopsisThis is an open access title available under the terms of a CC BY-NC-ND 3.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. This book examines the law, national and/or international, that arbitral tribunals apply on the merits to settle disputes between foreign investors and host states. In light of the freedom that the disputing parties and the arbitrators have when designating the applicable law, and because of the hybrid nature of legal relationship between investors and states, there is significant interplay between the national and the international legal order in investor-state arbitration. The book contains a comprehensive analysis of the relevant jurisprudence, legal instruments, and scholarship surrounding arbitral practice with respect to the application of national law and international law. It investigates the awards in which tribunals referred to consistency between the Trade ReviewThis is an excellent monograph that makes important inroads to investment arbitration and will no doubt make a wonderful companion to anyone with a serious interest in this field. * Ilias Bantekas, Transnational Dispute Management *The author's critical analysis of the multifarious shades and lights of such a complex subject has made it a worthwhile reading for gaining some insight into the subject. International lawyers, international investment lawyers, international arbitration law experts, international arbitrators and academics in the field will find the study of great value for some time to come. The study is a most up-to-date one in the field as well. * A F M Maniruzzaman, Manchester Journal of International Economic Law *Table of Contents1. General Introduction ; 2. Territorialized and Internationalized Arbitration Tribunals ; 3. Choice-Of-Law Rules ; 4. The Scope of the Arbitration Agreement: Claims and Counterclaims of a National and/or International Nature ; 5. The Primary Applicability of National Law and the Role of International Law ; 6. The Primary Applicability of International Law and the Role of National Law ; 7. Concurrent Application of, and Reference to, National and International Law in Case of Consistency ; 8. Concluding Observations
£135.00
Oxford University Press Legal Traditions of the World Sustainable
Book SynopsisLegal Traditions of the World places national laws in the broader context of major legal traditions, those of chthonic (or indigenous) law, talmudic law, civil law, islamic law, common law, hindu law and confucian law. Each tradition is examined in terms of its institutions and substantive law, its founding concepts and methods, its attitude towards the concept of change and its teaching on relations with other traditions and peoples. The concept of legal tradition is explained as non-conflictual in character and compatible with new and inclusive forms of logic.Trade Reviewfirmly based in social theory and history... thought provoking and stimulating * Times Higher Education *Illuminating and ground breaking work * Stellenbosch Law Review *Glenn has succeeded magnificently * Cambridge Law Journal *An opus extra ordinem * European Review of Private Law *dense, theoretical yet accesible chapters... its sheer academic brilliance cannot be denied * Maastricht Journal of European and Comparative Law *Table of Contents1. A theory of tradition? The changing presence of the past ; 2. Between traditions: identity, persuasion and survival ; 3. A chthonic legal tradition: to recycle the world ; 4. A talmudic legal tradition: the perfect author ; 5. A civil law tradition: the centrality of the person ; 6. An islamic legal tradition: the law of the later revelation ; 7. A common law tradition: the ethic of adjudication ; 8. A hindu legal tradition: the law as king, but which law? ; 9. A confucian legal tradition: make it new (with Marx?) ; 10. Reconciling legal traditions: sustainable diversity in law
£55.09
Oxford University Press Foundational Texts in Modern Criminal Law
Book SynopsisFoundational Texts in Modern Criminal Law presents essays in which scholars from various countries and legal systems engage critically with formative texts in criminal legal thought since Hobbes. It examines the emergence of a transnational canon of criminal law by documenting its intellectual and disciplinary history and provides a snapshot of contemporary work on criminal law within that historical and comparative context. Criminal law discourse has become, and will continue to become, more international and comparative, and in this sense global: the long-standing parochialism of criminal law scholarship and doctrine is giving way to a broad exploration of the foundations of modern criminal law. The present book advances this promising scholarly and doctrinal project by making available key texts, including several not previously available in English translation, from the common law and civil law traditions, accompanied by contributions from leading representatives of both systems.
£44.99
Oxford University Press The Oxford Handbook of Comparative Constitutional
Book SynopsisThe field of comparative constitutional law has grown immensely over the past couple of decades. Once a minor and obscure adjunct to the field of domestic constitutional law, comparative constitutional law has now moved front and centre. Driven by the global spread of democratic government and the expansion of international human rights law, the prominence and visibility of the field, among judges, politicians, and scholars has grown exponentially. Even in the United States, where domestic constitutional exclusivism has traditionally held a firm grip, use of comparative constitutional materials has become the subject of a lively and much publicized controversy among various justices of the U.S. Supreme Court.The trend towards harmonization and international borrowing has been controversial. Whereas it seems fair to assume that there ought to be great convergence among industrialized democracies over the uses and functions of commercial contracts, that seems far from the case in constitutional law. Can a parliamentary democracy be compared to a presidential one? A federal republic to a unitary one? Moreover, what about differences in ideology or national identity? Can constitutional rights deployed in a libertarian context be profitably compared to those at work in a social welfare context? Is it perilous to compare minority rights in a multi-ethnic state to those in its ethnically homogeneous counterparts? These controversies form the background to the field of comparative constitutional law, challenging not only legal scholars, but also those in other fields, such as philosophy and political theory.Providing the first single-volume, comprehensive reference resource, the ''Oxford Handbook of Comparative Constitutional Law'' will be an essential road map to the field for all those working within it, or encountering it for the first time. Leading experts in the field examine the history and methodology of the discipline, the central concepts of constitutional law, constitutional processes, and institutions - from legislative reform to judicial interpretation, rights, and emerging trends.Table of ContentsPART I: HISTORY, METHODOLOGY, AND TYPOLOGY ; PART II: IDEAS ; PART III: PROCESS ; PART IV: ARCHITECTURE ; PART V: MEANINGS/TEXTURES ; PART VI: INSTITUTIONS ; PART VII: RIGHTS ; PART VIII: OVERLAPPING RIGHTS ; PART IX: TRENDS
£50.35
The University of Chicago Press Politics of Religious Freedom
Book SynopsisFaced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process?
£94.05
The University of Chicago Press Politics of Religious Freedom
Book SynopsisFaced with widespread reports of religious persecution, public and private actors around the world have responded with laws and policies designed to promote freedom of religion. What are the cultural and epistemological assumptions underlying this response, and what forms of politics are enabled in the process?
£29.45
The University of Chicago Press Judicial Reputation A Comparative Theory
Book SynopsisJudges are society's elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence. In Judicial Reputation, Nuno Garoupa and Tom Ginsburg show how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of judicial systems around the world range from widespread admiration to utter contempt, and as judges participate within these institutions some earn respect, while others are scorned. Transcending the conventional lenses of legal culture and tradition that are used to analyze this variation, Garoupa and Ginsburg approach the subject through their long-standing research on the economics of judiciary information and s
£76.00
The University of Chicago Press Doctors and Demonstrators
Book SynopsisSince Roe versus Wade, abortion has been a continually divisive political issue in the United States. This title looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. It argues that political institutions are the key.Trade Review"Doctors and Demonstrators is an innovative, thorough, and expertly designed work of political analysis. There is much to admire here, but one of the most important elements is the use of a comparative historical approach to an issue of legal policy. Halfmann sets up an intriguing puzzle - why are abortion politics in the United States, Britain, and Canada so different? - and provides a subtle yet clear and powerful explanation." (John Skrentny, University of California, San Diego)"
£106.40
The University of Chicago Press Doctors and Demonstrators How Political
Book SynopsisSince Roe versus Wade, abortion has been a continually divisive political issue in the United States. This title looks beyond simplistic cultural or religious explanations to find out why abortion politics and policies differ so dramatically in these otherwise similar countries. It argues that political institutions are the key.Trade Review"Doctors and Demonstrators is an innovative, thorough, and expertly designed work of political analysis. There is much to admire here, but one of the most important elements is the use of a comparative historical approach to an issue of legal policy. Halfmann sets up an intriguing puzzle - why are abortion politics in the United States, Britain, and Canada so different? - and provides a subtle yet clear and powerful explanation." (John Skrentny, University of California, San Diego)"
£38.00
The University of Chicago Press Judicial Reputation A Comparative Theory
Book Synopsis
£24.70
The University of Chicago Press Faking Liberties
Book Synopsis
£26.60
Indiana University Press Religion and Personal Law in Secular India A
Book SynopsisA multidisciplinary exploration of the major challenges for religion and law in India today.Table of ContentsPreliminary Table of Contents: PrefaceIntroduction: The Secular State in a Religious Society Gerald James LarsonPart 1. The Secular State and Legal Pluralism: The Current Debate and Its Historical Antecedents1. Religion, Personal Law and Identity Granville Austin2. Religious Minorities and the Law Ruma Pal3. Living with Difference in India: Legal Pluralism and Legal Universalism in Historical Context Susanne Hoeber Rudolph and Lloyd I. RudolphPart 2. Religious Endowments, Reservations Law, and Criminal Law4. Religious and Charitable Endowments and a Uniform Civil Code John H. Mansfield5. Personal Law and Reservations: Volition and Religion in Contemporary India Laura Dudley Jenkins6. The Uniform Civil Code Debate: Lessons from the Criminal Procedures Arvind VermaPart 3. Personal Law and Issues of Gender7. Gender Implications for a Uniform Civil Code Robert D. Baird8. The Personal and the Political: Indian Women and Inheritance Law Srimati Basu9. Colonialism, Nationalism, and Gendered Legal Subjectivities: Observations on the Historical Destruction of Separate Legal Regimes Kunal M. Parker10. Who Was Roop Kanwar? Sati, Law, Religion, and Post-Colonial Feminism in Contemporary India Paul Courtright and Namita Goswami11. "Where Will She Go? What Will She Do?" Paternalism towards Women in the Administration of Muslim Family Law in Contemporary India Sylvia VatukPart 4. Cross-Cultural Perspectives12. Affirmative Action in the United States and the Reservation System in India: Some Comparative Perspectives Kevin Brown13. Personal Law Systems and Religious Conflict: A Comparison of India and Israel Marc Galanter and Jayanth Krishnan14. The Road to Xanadu: India's Quest for Secularism Rajeev DhavanSome Continuing Issues William D. PopkinBibliographical Note Gerald James LarsonContributorsIndex
£17.09
University of Notre Dame Press Beyond High Courts
Book SynopsisBeyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region's large federal systems (Argentina, Brazil, and Mexico), courts in Chile and Venezuela, and the main supranational tribunal in the region, the Inter-American Court of Human Rights. Aimed at students of comparative legal institutions while simultaneously offering lessons for practitioners charged with designing such institutions, the volume advances our understanding of the design of justice institutions, how their form and function change over time, what causes tTrade Review"Matthew Ingram and Diana Kapiszewski persuasively set out to design a new agenda in the study of judicial institutions in Latin America. The volume is aimed at political science students and those particularly interested in institutional configuration and design. It will also appeal to scholars and students of comparative law and other social science fields, because it provides rich descriptions and background information about little understood judicial institutions." —Lydia Brashear Tiede, University of Houston"As is true in most of the democratic world, justice institutions in Latin America other than the Supreme Court are important yet understudied. Beyond High Courts: The Justice Complex in Latin America is an excellent contribution that helps address that lacuna." —Scott Mainwaring, Jorge Paulo Lemann Professor of Brazil Studies, Harvard Kennedy School"As a researcher and teacher in comparative judicial politics, it is exciting to see a new work on non-peak judicial institutions. Beyond High Courts: The Justice Complex in Latin America makes an important contribution to the field. The contributors address a clear set of questions across an array of judicial actors in Latin America. The volume contains comparative and single country case studies and helps to fill both empirical and theoretical gaps in the literature on comparative judicial politics." —Druscilla Scribner, University of Wisconsin, Oshkosh"The most important contribution of Beyond High Courts is shedding light on fascinating institutions that have received, quite undeservedly, little scholarly attention. In addition, these remarkable chapters offer interesting analytical and theoretical lessons. Readers from different disciplines that are interested in law and courts or socio-legal studies will find many gems in each chapter included within this edited volume." —Bulletin of Latin American Research
£40.50
University of Washington Press The Great Ming Code Da Ming lu
Book SynopsisThe first English translation of one of the most important law codes in Chinese history.Trade Review"The general reader as well as the specialist can be grateful for the Jiang volume, an eminently readable treasure of Chinese culture, society, and values at the end of the fourteenth century." * Journal of Asian History *Table of ContentsAcknowledgments Note on the Translation Ming Units of Measure and Money Introduction: The Making of The Great Ming Code The Great Ming Code The Imperial Preface to The Great Ming Code Diagrams 1. Laws on Punishments and General Principles 2. Laws on Personnel 3. Laws on Revenue 4. Laws on Rituals 5. Laws on Military Affairs 6. Laws on Penal Affairs 7. Laws on Public Works Glossary Bibliography General Index
£77.35
University of Washington Press The Great Ming Code Da Ming lu
Book SynopsisOne of the most important law codes in Chinese history, the Ming Code represents a break with the past following the alien-ruled Yuan (Mongol) dynasty and the flourishing of culture under the Ming (1368-1644). This book offers the English translation of the Code.Trade Review"The general reader as well as the specialist can be grateful for the Jiang volume, an eminently readable treasure of Chinese culture, society, and values at the end of the fourteenth century." * Journal of Asian History *Table of ContentsAcknowledgments Note on the Translation Ming Units of Measure and Money Introduction: The Making of The Great Ming Code The Great Ming Code The Imperial Preface to The Great Ming Code Diagrams 1. Laws on Punishments and General Principles 2. Laws on Personnel 3. Laws on Revenue 4. Laws on Rituals 5. Laws on Military Affairs 6. Laws on Penal Affairs 7. Laws on Public Works Glossary Bibliography General Index
£28.80
Yale University Press Democracys Privileged Few
Book SynopsisCompares the freedoms and protections of members of the United States Congress with those of Britain's Parliament. In analysing the story of how parliamentary government emerged in Britain and how it crossed the Atlantic, this book illuminates a variety of constitutional issues, including the separation of powers, and the nature of representation.Trade Review"Josh Chafetz manages to combine scholarly care with an almost journalistic ability to write in an accessible fashion."—Nick Barber, Oxford University -- Nick Barber"A very distinguished work. Chafetz is beautifully clear and deals with an interesting problem concerning parliamentary government in Britain and America in a comparative manner. I do not know of any work which covers the ground in a similar way."—Vernon Bogdanor, Oxford University -- Vernon Bogdanor"This book heralds the arrival of an important new scholar in the fields of comparative constitutional law and legal history. Fitting a broad range of institutional details into a comprehensive and subtle theoretical framework, Chafetz shows how Congressional privileges in America and Parliamentary privileges in England sprang from common origins but then evolved along separate paths as a result of basic differences in the political ecosystems. An excellent chronicle of the evolution of legislative privileges from the parliamentary supremacy of England to the popular sovereignty in kingless America."—Akhil Amar, Yale Law School -- Akhil Amar“A thorough and well-researched treatment of an important and neglected topic. Chafetz’s historical overview on legislative privilege deserves to become a well-known point of reference.”—Adrian Vermeule, Professor of Law, Harvard Law School -- Adrian Vermeule
£54.31
Springer Science+Business Media Forensic Psychology From Classroom to Courtroom
Book SynopsisForensic Psychology.- The Mental Health Professional in Court.- Ethical Issues in Forensic Psychological Evaluation.- Assessment in Forensic Practice.- Forensic Assessment of Malingering and Related Response Styles.- Assessing Competency in Criminal Proceedings.- Civil Committment.- Child Custody Evaluations.- Child Abuse.- Assessment of Sexual Offenders.- Forensic Medical Psychology.- Selected Issues in Forensic Neuropsychology.Table of ContentsContributors. Preface. Acknowledgement. Forensic Psychology; B. van Dorsten. The Mental Health Professional in Court; S.L. Brodsky, et al. Ethical Issues in Forensic Psychological Evaluation; D. Shapiro. Assessment in Forensic Practice; J.N. Butcher. Forensic Assessment of Malignering and Related Response Styles; R. Rogers, M.J. Vitacco. Forensic Competency in Criminal Proceedings; A.A. Abrams. Civil Commitment; K. Powers Stafford. Child Custody Evaluations; P.M. Stahl. Child Abuse; S. Kalichman. Assessment of Sexual Offenders; M.A. Conroy. Forensic Medical Psychology; B. v. Dorsten, L.B. James. Selected Issues in Forensic Neuropsychology; B. Goodyear, D. Umetsu. Index.
£80.99
Bloomsbury USA 3pl The Kurdish Question in U.S. Foreign Policy
Book SynopsisIt not only reproduces the full text of over 325 of the most important U.S. government documents dealing with the Kurdish question, but also provides both a guide to U.S. government sources for locating subsequently published materials and an annotated list of over 200 primary and secondary sources.Table of ContentsPreface Essays United States Foreign Policy Toward the Kurds by Michael M. Gunter The Legacy of U.S. Support to Kurds: Two Major Episodes by Lokman I. Meho and Michel G. Nehme Full-Text Documents The Congressional Record Foreign Relations of the United States American Foreign Policy: Current Documents U.S. Department of State Dispatch Miscellaneous Weekly Compilation of Presidential Documents Non-Full-Text Items Articles, Monographs, and Series Declassified National Security, CIA, and Department of State Documents on Microfilm Author Index Title Index Subject Index Contributors
£125.02
Taylor & Francis Ltd The Routledge Handbook of Comparative Territorial
Book SynopsisThe Routledge Handbook of Comparative Territorial Autonomies affords a comprehensive, pioneering and interdisciplinary survey of this emerging field. Moving beyond traditionally narrower engagements with the subject, it combines approaches to comparative law and comparative politics to provide an authoritative guide to the principal theoretical and empirical topics in the area. Bringing together a team of cutting-edge scholars from different disciplines and continents, the volume illuminates the latest thinking and scholarship on comparative territorial autonomies.This Handbook is an authoritative, essential reference text for students, academics and researchers in its field. It will also be of key interest to those in the fields of comparative politics, comparative law, local/regional government, federalism, decentralisation and nationalism, as well as practitioners in think tanks, NGOs and international governmental organisations.Trade Review"At a moment when the nation-state is trying to both reassert itself and resist challenges to undermine it, this edited collection is timely. It offers a holistic assessment of the political, legal and social aspects of territorial autonomy, and a new and positive direction of scholarship that establishes a strong theoretical framework, effectively complemented by a diverse and rich range of case studies. It is an important work that should be read and used as a springboard for further inquiry."Peter Clegg, University of the West of England, UK"Eschewing the usual methodological nationalism, this Handbook combines comparative law and comparative politics approaches to present an original theoretical and conceptual framework and several engaging case studies of territorial autonomies. The volume nicely succeeds in providing a rich panoply of current debates and comparative information on all these specific political entities at the substate level. The Handbook will certainly promote an emerging research agenda and will be a worthwhile read for academics and researchers interested in the fields of regional government and nationalism and self-determination, but also for practitioners and decision-makers concerned with issues of diversity management and substate institution-building."César Colino, The National University of Distance Education, Spain"By addressing the key concepts and drawing on such a rich store of material, this original work will be a valuable resource for scholars of constitutional law and politics, federalism and the management of territorial diversity."Michael Keating, University of Aberdeen, UKTable of ContentsIntroduction, 1. What are Territorial Autonomies and Why the Handbook?, Part 1: Theories and approaches, 2. Constitutional Frameworks of Territorial Autonomies: Global Legal Observations, 3. Territorial Autonomies as a Form of Self-Determination: The Legal Right to Internal Self-Determination, 4. Territorial or Non-Territorial Autonomy: The Tools for Governing Diversity, 5. Autonomous Belonging: The Politics of Stateless Nationalism, 6. Societal Minorities and Legislatures in Territorial Autonomies: A Critical Introduction, 7. Electoral and Party Politics in Territorial Autonomies: Dynamics Between State and Peripheral Parties, Part 2: Case studies, 8. Åland Islands: 100 Years of Stability, 9. Aceh: Fading Autonomy, 10. Basques: History and Autonomy, 11. Catalonia: From Autonomy to Self-Determination, 12. Gibraltar: Democracy Without Decolonisation, 13. Greenland: Autonomy in the Arctic Region, 14. Guam: The Place Where America’s Day Begins, 15. Hong Kong: Autonomy in Crisis, 16. Jammu and Kashmir: Contested Autonomy, 17. Macao: Undemocratic Autonomy in Harmony, 18. Northern Ireland: A Place Apart?, 19. Quebec: From Autonomism to Sovereignism, and Back Again, 20. Scotland: A Distinct Political Community in the United Kingdom, 21. Sarawak: Quest for Autonomy, 22. Sabah: Autonomy and Integration within the Malaysian Federation, 23. South Tyrol: From Conflict to Consociationalism, 24. Tatarstan: A Landlocked Republic, Conclusion, 25. Rethinking Territorial Autonomies: Towards Transcontinental Comparative Political Studies
£204.25
Taylor & Francis Ltd The Law of Insurance Warranties Flawed Reform and
Book SynopsisThe book provides a detailed review of efforts to reform the law on insurance warranties in Australia, New Zealand and the UK, arguing that none of these have been successful. The text proposes a radical new approach to reform of this area of the law, demonstrating through detailed stress testing of these proposals that they would deliver more consistent and equitable outcomes than those achieved to date.Reform of the historically inequitable law of insurance warranties in commercial insurance has been introduced in Australia, New Zealand and, most recently, the UK. This book demonstrates that all these reforms have flaws and that none of them can be relied upon to deliver consistently equitable and predictable outcomes; in particular the UK's, as yet largely untested, Insurance Act 2015 is shown to have serious flaws that have not previously been identified. Building on lessons from these three jurisdictions, the book sets out an alternative approach for dealing with Table of Contents1. Introduction Section One: History, Issues and Challenges 2. The Evolution and History of Insurance Warranties 3. The Law of Insurance Warranties Prior to the Insurance Act 2015 4. Implied Warranties 5. Challenges and Issues: Problems with the Law on Warranties and Potential Solutions for Resolving Them 6. The Law Commission’s Historic Reviews of Insurance Warranties and Proposal for Reform in England and Wales 1957 to 2012 Section Two: Reform Initiatives in Australia, New Zealand and the UK 7. The Law on Insurance Warranties in Australia 8. The Law on Insurance Warranties in New Zealand 9. The 2014 Law Commission Proposals for Reform of the Law of Warranties 10. The Insurance Act 2015: An Effective Reform of the Law on Warranties? 11. Implied Warranties 12. An International Comparative Analysis: Stress-Testing the Existing Law on Insurance Warranties in Australia, New Zealand and the UK Section 3: An Alternate Approach to the Treatment of Insurance Warranties 13. A New Approach 14 Stress-Testing the Alternate Approach 15. Conclusion
£209.00
Taylor & Francis Ltd Routledge Handbook of Subnational Constitutions
Book SynopsisThis handbook provides a toolbox of definitions and typologies to develop a theory of multilevel constitutionalism and subnational constitutions. The volume examines systems with subnational entities that have full subnational constituent autonomy and systems where subnational constituent powers, while claimed by subnational governments, are incomplete or non-existent. Understanding why complete subnational constituent power exists or is denied sheds significant light on the status and functioning of subnational constitutions. The book deals with questions of how constitutions at multiple levels of a political system can co-exist and interact. The term multilevel constitutionalism', recognized as explaining how a supranational European constitution can exist alongside those of the Member States, is now used to capture dynamics between constitutions at the national, subnational and, where applicable, supranational levels. Broad in scope, the book encompasses many different typTable of Contents Subnational Constitutionalism: Defining subnational constitutions and self-constituent capacity Subnational Constitutionalism in Argentina: Provincial autonomy in a uninational federation Subnational Constitutionalism in Australia: State autonomy in a uninational federation Subnational Constitutionalism in Austria: The pluralisation of homogeneity Subnational constitutionalism in Belgium: A matter of abstained maturity Subnational Constitutionalism in Bosnia and Herzegovina: Towering sub-national autonomy and a loose clamp of the central level to all intents and purposes Subnational Constitutionalism in Brazil: The space of state constitutions for improving Brazilian federalism Subnational Constitutionalism in Canada: A hysteretic approach to distinctive constitutional identities Subnational Constitutionalism in Ethiopia: Constitutional déjà vu Subnational Constitutionalism in Germany: Constitutional autonomy, unitarian federalism, and intertwined policy-making Subnational Constitutionalism in India: Subnational constitutionalism or constitution within the constitution? Subnational Constitutionalism in Italy: Unfulfilled Expectations? Subnational Constitutionalism in Malaysia: Weak states in a strong federation Subnational Constitutionalism in Mexico: Medium state autonomy in a centralized federation Subnational Constitutionalism in South Africa: An empty promise Subnational constitutionalism in Spain: Confluence of wills in a basic institutional norm Subnational Constitutionalism in Switzerland: A sleeping beauty awaiting to be kissed Subnational Constitutionalism in the United Kingdom: Constitutional statutes within the context of an uncodified constitution Subnational Constitutionalism in the United States: Powerful states in a powerful federation Conclusion: Nine hypotheses to explain variation in subnational constitutional autonomy
£41.79
Taylor & Francis Ltd Transnational Crime
Book SynopsisThis volume offers a diverse set of perspectives on transnational crime. Providing a wide-ranging overview of the legal and policy issues that arise in connection with various forms of transnational crime, the authors outline the criminal justice responses adopted across different jurisdictions. Including contributions from high profile Chinese and European academics and practitioners across a variety of disciplines and methodological backgrounds, the authors address some of the hitherto underexplored issues related to transnational crime. These range from trafficking in cultural objects derived from illicit metal-detecting and metal-detecting tourism in China to the European approaches to criminalising the denial of historical truth. The central theme of the book is that useful lessons can be drawn from each other's experiences, and that a cross-fertilisation of domestic approaches to transnational crime is essential to effective cooperation.This book will be of usTable of Contents1. Introduction 2. The Global Governance of Transnational Crime: Implications for Justice and The Rule of Law Money Laundering, Terrorist Financing and Cybercrime 3. Introduction to Anti-Money Laundering Regulations in China: Institutions, Legal Framework and Practices 4. Acts of Charity and Acts of Terrorism: Regulation and Prosecution 5. On the Improvement of Criminal Legislation and Criminal Policy to Deter Cross-Border Money Laundering in China 6. Transnational Cybercrime and Cybercrime by Transnational Organisations Art Crime and Historical Memory 7. Paint It Black": "Simple" and Increasingly "Professional" Looting of Antiquities with Metal Detectors in East Asia 8. From Canvas to Ashes: Understanding the Implications of the Westfries Museum and Kunsthal Thefts for the Dutch Art World 9. Expression Crimes and the Creation and Protection of Historical Memory by Means of Criminal Law Comparative Perspectives on Corruption and Financial Crime 10. Relocating Bribery: Facilitation Payments as a Crime Against the Market? 11. Credit Card Fraud in Chinese Criminal Law 12. China’s Legal Framework and Challenges of the Freezing, Seizure And Confiscation Of Financial Crime Proceeds Environmental Crime 13. Targeting Transnational Environmental Crime Through a Multifaceted Approach: Towards an Inclusive Governance of Serious Threats to Sustainable Development 14. Preventing Illicit Waste-Exports from the Netherlands to China 15. Motivators for IUU Fishing in the Indo-Pacific
£37.99
Taylor & Francis Ecclesiastical Law Clergy and Laity A History of
Book SynopsisDiscipline in an ecclesiastical context can be defined as the power of a church to maintain order among its members on issues of morals or doctrine. This book presents a scholarly engagement with the way in which legal discipline has evolved within the Church of England since 1688. It explores how the Church of England, unusually among Christian churches, has come to be without means of effective legal discipline in matters of controversy, whether liturgical, doctrinal, or moral. The author excludes matters of blatant scandal to focus on issues where discipline has been attempted in controversial matters, focussing on particular cases. The book makes connections between law, the state of the Church, and the underlying theology of justice and freedom. At a time when doctrinal controversy is widespread across all Christian traditions, it is argued that the Church of England has an inheritance here in need of cherishing and sharing with the universal Church.The book will be a valuable resource for academics and researchers in the areas of law and religion, and ecclesiastical history..Trade Review"This is a well-written account with an abundance of well-researched material which gives real insight into cases old and recent. Of particular value is Patterson's putting into the public domain material which has hitherto been unavailable. "-Peter Collier KC, Ecclesiastical Law JournalTable of ContentsIntroduction; 1. Toleration and its Effects; 2. The Old Discipline Lingers; 3. A Century of Doctrine Trials 1775-1871; 4. Law Defied – the Ritualists; 5. The Yearning to Fence the Altar; 6. Reluctance to Discipline; 7. The Lingering Temptation; Conclusion;
£37.99
Taylor & Francis Ltd Construction Arbitration and Alternative Dispute
Book SynopsisThis book provides comprehensive, rigorous and up-to-date coverage of key issues that have emerged in the first quarter of the 21st Century in transnational construction arbitration and alternative dispute resolution (ADR). Covering four general themes, this book discusses: the increasing internationalisation of dispute resolution in construction law; the increasing reliance on technology in the management of construction projects and construction arbitration/ADR; the increasing prominence of collaborative contracting in construction and infrastructure projects; the increasing importance of contractual adjudication such as dispute boards in construction and infrastructure projects; the increasing prevalence of statutory adjudication mechanisms across the world; and the greater incidence of investment disputes and disputes against States and State entities over constructioTable of ContentsChapter 1: Introduction Renato Nazzini; Part I: The Internationalisation of Construction Dispute Resolution; Chapter 2: The Problem of the Law Governing the Arbitration Clause between National Rules and Transational Solutions Renato Nazzini; Chapter 3: The Singapore Convention on Mediation: Its Impact on International Construction Disputes Shouyu Chong; Part II: Artificial Intelligence: A Game Changer?; Chapter 4: The Relevance of Artificial Intelligence for Construction Disputes Erik Schäfer; Chapter 5: Administering AI in Arbitration Maud Piers and Christian Aschauer; Part III: Good Faith and Collaborative Dispute Resolution; Chapter 6: The Relevance of Good Faith in Transnational Construction Contracts: A Civil Law Perspective Olivier Caprasse and Maxime Tecmenne; Chapter 7: Searching for Convergence between the Common Law and Civil Law Traditions on Good Faith through International Arbitration David Arias and James Doe; Chapter 8: Collaborative Dispute Resolution Shy Jackson; Part IV: Contractual Adjudication: Dispute Boards in International Construction Disputes; Chapter 9: Dispute Boards: Trends, Observations, Developments and Procedures Nicholas Gould and Robbie McCrea; Chapter 10: Enforcement of DAB Decisions Under the FIDIC Forms of Contract Taner Dedezade; Chapter 11: Emergency Arbitration and the Interplay with other Pre-Arbitral Mechanisms Patricia Shaughnessy; Part V: Statutory Construction Adjudication: A Global Perspective; Chapter 12: Statutory Adjudication in the United Kingdom James Pickavance; Chapter 13: Statutory Adjudication in Canada Duncan W Glaholt; Chapter 14: Statutory Adjudication in Singapore Toh Chen Han; Chapter 15: Statutory Adjudication in Australia Sean Kelly, Julian Bailey and Matthew Bell; Part VI: Contracting with the State in the 21st Century; Chapter 16: Achmea: From the Judgment to the Plurilateral Agreement, towards the Disappearance of Intra-EU Bilateral Investment Protection Treaties Malik Laazouzi; Chapter 17: State immunity and its implications when resolving disputes with – and enforcing outcomes against – states Michael Cottrell
£266.00
Taylor & Francis Indirect Judicial Review in Administrative Law
Book SynopsisThis book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The indirect review of administrative action is a judicial review mechanism that permits re-visiting already settled administrative measures. As an indirect way of challenging the validity of a measure or act by attacking the legal basis on which it is founded, it can regard either general acts or individual acts and measures. This book explores whether the system of indirect review is a suitable remedy for modern administrative justice, assessing whether it fairly balances the legality and the legal certainty principles. It examines the tension between the two principles and seeks to establish what the standards of review are and whether a common European trend can be discerned by analysing the theory and practice from jurisdictions in Western and Eastern Europe, as well as the EU legal system. The book will be a valuable resource for academic
£37.99
Taylor & Francis Rethinking Rape Law International and Comparative
Book SynopsisRethinking Rape Law provides a comprehensive and critical analysis of contemporary rape laws, across a range of jurisdictions. In a context in which there has been considerable legal reform of sexual offences, Rethinking Rape Law engages with developments spanning national, regional and international frameworks. It is only when we fully understand the differences between the law of rape in times of war and in times of peace, between common law and continental jurisdictions, between societies in transition and societies long inured to feminist activism, that we are able to understand and evaluate current practices, with a view to change and a better future for victims of sexual crimes. Written by leading authors from across the world, this is the first authoritative text on rape law that crosses jurisdictions, examines its conceptual and theoretical foundations, and sets the law in its policy context. It is destined to become the primary source for scholarly work anTrade ReviewSome chapters are extremely tight, well-written analyses of the progress of rape law reform—the chapters by McGlynn, Gotell, and Rush particularly stand out in this context; others are more descriptive although even in this context, well-crafted accounts of recent developments in jurisdictions such as Croatia (Radacic and Turkovic) and South Africa (Mills) are extremely useful and informative.- Joanne Conaghan for Feminist Legal Studies (2013) 21:211–215Table of Contents1. Rethinking Rape Law: An Introduction, Clare McGlynn and Vanessa E. Munro Part 1: Conceptual and Theoretical Engagements 2. From Consent to Coercion: Evaluating International and Domestic Frameworks for the Criminalization of Rape, Vanessa E. Munro 3. Rethinking the Criminal Law’s Response to Sexual Offences: On Theory and Context, Michelle Madden Dempsey and Jonathan Herring Part 2: International and Regional Perspectives 4. International Criminal Law and Sexual Violence: An Overview, Alison Cole 5. Learning our Lessons? The Rwanda Tribunal Record on Prosecuting Rape, Doris Buss 6. The Force of Shame, Karen Engle and Annelise Lottman 7. Everyday Rape: International Human Rights Law and Violence Against Women in Peacetime, Alice Edwards 8. Defining Rape under the European Convention on Human Rights: Torture, Consent and Equality, Patricia Londono 9. Rape Law Reform in Africa: More of the Same or New Opportunities?, Heléne Combrinck Part 3: National Perspectives 10. Feminist Activism and Rape Law Reform in England and Wales: A Sisyphean Struggle?, Clare McGlynn 11. All Change or Business as Usual? Reforming the Law of Rape in Scotland, Sharon Cowan 12. Rethinking Croatian Rape Laws: Force, Consent and the ‘Contribution of the Victim’, Ivana Radačić and Ksenija Turković 13. Rape in Italian Law: Towards The Recognition of Sexual Autonomy, Rachel Fenton 14. Rethinking Rape Law in Sweden: Coercion, Consent or Non-Voluntariness?, Monica Burman 15. Canadian Sexual Assault Law: Neoliberalism and the Erosion of Feminist-Inspired Law Reforms, Lise Gotell 16. Rape, Law and American Society, Donald A. Dripps 17. Criminal Law and the Reformation of Rape in Australia, Peter D. Rush 18. Reforming the Law of Rape in South Africa, Shereen Mills Part 4: New Agendas and Directions 19. Independent Legal Representation for Complainants in Rape Trials, Fiona Raitt 20. Jury Deliberation and Complainant Credibility in Rape Trials, Louise Ellison and Vanessa E. Munro 21. The Mythology of Male Rape: Social Attitudes and Law Enforcement, Phil Rumney and Natalia Hanley 22. The Cultural Silence of Rape in UK South Asian Communities, Aisha Gill 23. Sexual Assault of Women with Mental Disabilities: A Canadian Perspective, Janine Benedet and Isabel Grant
£41.79
The University of Michigan Press Lobbying the Autocrat The Dynamics of Policy
Book SynopsisAlthough authoritarian countries often repress independent citizen activity, lobbying by civil society organizations is actually a widespread phenomenon. Using case studies, Lobbying the Autocrat shows that citizen advocacy organizations carve out niches in the authoritarian policy process, even influencing policy outcomes.Trade ReviewThe book fills a gap in the academic literature of authoritarian regimes which has already studied the role of elections, legislatures and other institutions of democratic rule." - Stephan Ortmann, Chinese University of Hong Kong"This is an impressive volume. By showing that civil societies can lobby for their interests even under authoritarian rule, it underscores the hopeful power of activism in all settings—not just in democracies. What a refreshing, creative spark to our knowledge of political regimes and public policy!" - Sean Yom, Temple UniversityTable of Contents List of Figures List of Tables Acknowledgements I. Introduction 1. Max Grömping and Jessica C. Teets – Lobbying the Autocrat: A Theoretical Roadmap II. Mobilization and maintenance 2. Marcel Hanegraaff and Iskander de Bruycker - The Lobbying Demands of Autocratic and Democratic Leaders: A Comparative Perspective 3. Sanja Hajdinjak - Between Pressure and Patronage: Navigating Legitimacy and No-Go Issues in Montenegro III. Interest communities 4. Reza Hasmath – Convergence and Divergence in Policy Topics amongst Think Tanks in China 5. Sokphea Young - Transnational Activism under Autocracy: Environmental Advocacy Groups, Social Media, and Nationalism in Cambodia 6. Bilge Yabanci – Acts of Compliance and Tactful Contention: The Polarized Terrain of Women’s Organizations in Turkey under Authoritarian Pressure IV. Strategies 7. Max Grömping – Going Public: When do Human Rights Advocates pursue Media Strategies? 8. Hui Li - Political Resources and NGO Policy Advocacy Strategies in China 9. Ying Hooi Khoo and Carmen Leong – Policy Advocacy Strategies of Malaysia’s Electoral Reform Movement V. Outcomes 10. Eleanor Bindman and Tatsiana Chulitskaya - Post-Soviet Policy Entrepreneurs? The Impact of Non-State Actors on Social Service Reform in Russia and Belarus 11. Kirk Helliker, Sandra Bhatasara and Manase Kudzai Chiweshe – Land Lobbying and Mobilization: Civil and Uncivil Society in the 1990s in Zimbabwe 12. Angelo Vito Panaro – Delivering on Legitimation Claims: Creating Consultative Mechanisms for CSOs in Authoritarian Regimes VI. Conclusion 13. Max Grömping and Jessica C. Teets – Toward a Theory of Lobbying under Authoritarianism Appendix A – Supplementary Materials for Chapter 3 Appendix B – Supplementary Materials for Chapter 6 Appendix C – Supplementary Materials for Chapter 7 Contributors Index
£35.10
The University of Michigan Press Global Prescriptions
Book SynopsisTable of ContentsBreaking out : the proliferation of actors in the international system / Anne-Marie Slaughter -- Transnational advocacy networks and the social construction of legal rules / Kathryn Sikkink modern law as a secularized and global model : implications for the sociology of law / Elizabeth Heger Boyle and John W. Meyer -- What institutional regimes for the era of internationalization? / Robert Boyer -- Between liberalism and neoliberalism : law's dilemma in Latin America / Jeremy Adelman and Miguel Angel Centeno -- Legal education and the reproduction of the elite in Japan / Setsuo Miyazawa with Hiroshi Otsuka -- Cultural elements in the practice of law in Mexico: informal networks in a formal system / Larissa Adler Lomnitz and Rodrigo Salazar -- The discovery of law : political consequences in the argentine case / Catalina Smulovitz -- Hybrid(ity) rules : creating local law in a globalized world / Heinz Klug -- Legitimating the new legal orthodoxy / Yves Dezalay and Bryant G. Garth.
£80.95
University of California Press A Guide to US Environmental Law
Book SynopsisWritten by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters includesummaries of key concepts, discussion questions, and a glossary of terms, as well as informative spotlightsbrief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Lawis a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this bookwith its companion, A Guide to EU Environmental Law, allows for a comparative look at how two of the most important jurisdictions in the world deal with key environmental problems.Table of ContentsList of Illustrations List of Spotlight Boxes Preface Part One. Building Blocks of U.S. Environmental Law 1. Regulating Environmental Impacts 2. Key Actors 3. Types of Law 4. Regulatory Instruments Part Two. U.S. Environmental Law 5. Contextualizing U.S. Environmental Law 6. Pollution Control Air Pollution Water Pollution Soil Pollution Toxic Substances Waste Management 7. Ecosystem Management Biodiversity Wildlife Management of Special Ecosystems: Wetlands Land Management and Public Lands Agriculture 8. Climate Change Mitigation Adaptation and Natural Hazards Subnational Approaches Conclusions Acknowledgments Appendix. Time Line of U.S. Environmental Law Additional Resources Glossary Index
£80.00
University of California Press A Guide to U.S. Environmental Law
Book SynopsisWritten by two internationally respected authors, this unique primer distills the environmental law and policy of the United States into a practical guide for a nonlegal audience, as well as for lawyers trained in other regions. The first part of the book explains the basics of the American legal system: key actors, types of laws, and overarching legal strategies for environmental management. The second part delves into specific environmental issues (pollution, ecosystem management, and climate change) and how American law addresses each. Chapters includesummaries of key concepts, discussion questions, and a glossary of terms, as well as informative spotlightsbrief overviews of topics. With a highly accessible structure and useful illustrative features, A Guide to U.S. Environmental Lawis a long-overdue synthetic reference on environmental law for students and for those who work in environmental policy or environmental science. Pairing this bookwith its companion, A Guide to EU EnvironTable of ContentsList of Illustrations List of Spotlight Boxes Preface Part One. Building Blocks of U.S. Environmental Law 1. Regulating Environmental Impacts 2. Key Actors 3. Types of Law 4. Regulatory Instruments Part Two. U.S. Environmental Law 5. Contextualizing U.S. Environmental Law 6. Pollution Control Air Pollution Water Pollution Soil Pollution Toxic Substances Waste Management 7. Ecosystem Management Biodiversity Wildlife Management of Special Ecosystems: Wetlands Land Management and Public Lands Agriculture 8. Climate Change Mitigation Adaptation and Natural Hazards Subnational Approaches Conclusions Acknowledgments Appendix. Time Line of U.S. Environmental Law Additional Resources Glossary Index
£21.25
Cambridge University Press Unjustified Enrichment
Book SynopsisUnjustified enrichment is an intellectually vital area of private law. This 2002 book analyses a range of key issues in a comparative context, considered by a representative of a common-law and of a civil-law system, illuminating similarities or differences between systems, and what different systems can learn from each other.Trade ReviewReview of the hardback: 'There is an enormous amount of interesting argument and learning in this book.' Law Quarterly ReviewReview of the hardback: '… an absorbing and magical read … it is the most comprehensive publication dealing with the key issues of the discipline on a comparative level … a must read for any comparatist and all enrichment and restitution enthusiasts. It succeeds brilliantly in its aims and is a very welcome new source of reference in my own library.' Edinburgh Law ReviewTable of ContentsPart I: 1. Introduction David Johnston and Reinhard Zimmermann; Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach?: 2. Unjust factors and legal grounds Sonja Meier; 3. In defence of unjust factors Thomas Krebs; Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo; 5. Failure of consideration Robin Evans-Jones and Katrin Kruse; Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart; 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis; Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley; 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege; Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann; Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan; 13. Encroachments: between private and public Hanoch Dagan; Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull; 15. Enrichment by improvements in Scots law James Wolfe; Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker; 17. Payment of another's debt Hector L. MacQueen; Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks; 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser; Part XI. Proprietary Issues: 20. Proprietary issues George Gretton; 21. Property, subsidiarity, and unjust enrichment Lionel Smith; Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick; 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.
£88.99
Cambridge University Press The Endurance of National Constitutions
Book SynopsisWhy is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance. The authors show that key changes in the design of a constitution can extend its life significantly.Trade Review“This book had the same effect on me as reading Goran Therborn’s 1977 New Left Review paper on the history and origins of Democracy. I found it hard to put down and impossible to stop thinking about. It is an agenda setting work which will hugely influence comparative politics.” --James Robinson, Professor of Government, Harvard University and faculty associate at the Weatherhead Center for International Affairs“Elkins and Ginsburg provide the first comprehensive analysis of what makes constitutions survive, adapt, or collapse. Their data collection, on every national charter going back to the 18th Century, is staggering in its own right. But the authors also bring to the table an array of diagnostic strategies that shed light on what accounts for constitutional mortality. Their results force us to reexamine what we thought we knew about the design of institutions and the factors that contribute to, or undermine, their stability.” --John Carey, Professor of Government, Dartmouth College“Though ostensibly reporting on only one aspect of a dauntingly ambitious project in comparative constitutionalism, Ginsburg and Elkins manage to offer insights about the most basic ideas of "constitutions" and "constitutionalism" on almost every page. They write limpid and accessible prose but also display methodological sophistication. No student of constitutionalism, however defined, can afford to neglect this book (and to look forward to the other volumes that will emanate from their project).” --Sanford Levinson, Professor of Law and Government, School of Law and Department of Government, University of Texas, Austin"[The authors] pose important questions of broad interest, and their findings, for all their tentativeness, are striking and will be of interest to the many communities of scholars (and the army of international experts and consultants) interested in constitution drafting. Readers who find data analysis deadening will be kept alert by a lively writing style." Perspectives on Politics, Nathan J. Brown, George Washington UniversityTable of Contents1. Introduction; 2. How long should constitutions endure?; 3. Conceptualizing constitutions; 4. A positive theory of constitutional endurance; 5. Empirical implications of the theory: identifying risks to constitutional life; 6. An epidemiological analysis of constitutional mortality; 7. Contrasts in constitutional endurance; 8. Contexts of chronic failure; 9. Conclusion.
£29.99
Harvard University Press Economic Analysis of Accident Law
Book SynopsisAccident law, if properly designed, is capable of reducing the incidence of mishaps by making people act more cautiously. Since the 1960s, a group of legal scholars and economists have focused on identifying the effects of accident law on people's behavior. Steven Shavell’s book is the definitive synthesis of research to date in this new field.Trade ReviewA lucid, up-to-date survey of the economics of accident law. -- Roger Bowles * Economic Journal *[This] is certainly a masterpiece. -- Thomas S. Ulen * Journal of Economic Literature *Steven Shavell is one of the leading practitioners of economic analysis of law; his book is a clear and careful discussion of what we currently know about the economic analysis of accident law. -- David Friedman * Journal of Political Economy *The strength of Shavell's book is its lucid, structured development and explication of the economic model. It represents the best systematic presentation of the relevance of economic argument for issues of risk allocation...Together [with William M. Landes and Richard A. Posner's The Economic Structure of Tort Law] they constitute the most comprehensive defense of the economic analysis of tort law currently available, and are strongly recommended accordingly. -- Jules L. Coleman * Yale Law Journal *Steven Shavell...[has] drawn upon [his] previous path-breaking work to issue [one of] the most important books in the law and economics of tort law since the release in 1970 of Guido Calabresi's The Costs of Accidents...The work is a masterful tribute to the power of economic modelling and the use of optimization techniques...I, for one, was immensely impressed by the richness of the insights that Shavell's theoretical approach provided into the fundamental issues of tort law...Shavell's analysis is conducted with intellectual rigor and sophistication. -- John J. Donohue III * Harvard Law Review *For anyone wanting to learn where we stand concerning economic analysis of accident law, Shavell's book provides an authoritative and fairly comprehensive summary of the state of the art. -- Michelle J. White * Michigan Law Review *
£33.96
