Comparative law Books

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

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

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

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

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

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

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

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Book SynopsisThis is the first textbook to provide a clear understanding of law’s role in promoting the global growth of renewable energy production and consumption. The book introduces readers to the main legal frameworks shaping the rise of renewables at international, regional and national levels, including those which set targets for reducing greenhouse gas emissions and increasing renewable energy consumption. Clear explanations of challenges commonly confronting renewable developments and the legal responses to them aid readers’ understanding whatever their background. The author, a leading researcher in energy and environmental law, has drawn on 10 years’ experience of developing and teaching research-led courses on renewable energy law to produce an authoritative but accessible work. Readers will come away with a better understanding of how international law on climate change and sustainable development affects renewable energy, the roles of renewable energy targets and subsidies, the laws on integrating renewables into electricity networks, the legal response to public opposition to renewable energy development, the law surrounding offshore renewables, and issues raised by the decarbonisation of road transport.Trade ReviewClear, thematic coverage of the subject matter, well presented and nicely integrating the various legal regimes and instruments involved. -- Angus Johnston * University of Oxford *Extends beyond national law and regulation to international and also explains the nuts-and-bolts of renewable energy. -- Peter Cameron * University of Dundee *Table of Contents1. Renewable Energy Law: An Introduction 2. International Climate Change Law and Renewable Energy 3. Sustainable Development and Renewable Energy 4. Enabling Renewable Energy Growth: The Role of Targets 5. Securing Investment in Renewable Energy: The Role of Subsidies 6. Transmitting Electricity 7. Planning, Licensing, and Public Opposition 8. Offshore Renewables 9. Decarbonising Road Transport

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Book SynopsisThis is the second in a 4-volume set that provides the definitive account of the major issues of comparative constitutional law in Asian jurisdictions.Volume 2 looks at constitutional amendments and offers answers to questions about the formal rules for amending the constitution such as:- Who initiates an amendment proposal?- How is the amendment proposal adopted?- How are the amendments codified?and the neo-institutional questions regarding amendment practices such as:- Why is the constitution amended? - Who engages in the amendment process?- How does the amendment affect the political system and the society?Volume 2 covers 17 Asian jurisdictions including: Bangladesh, Cambodia, mainland China, Hong Kong, India, Indonesia, Japan, Malaysia, Mongolia, Myanmar, North Korea, the Philippines, Singapore, South Korea, Sri Lanka, Taiwan and Thailand.

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Book SynopsisTania Groppi is Professor of Public Law at the University of Siena, Italy.Marie-Claire Ponthoreau is Professor of Constitutional Law at the University of Bordeaux, France.Irene Spigno is Professor of Comparative Constitutional Law at the Interamerican Academy of Human Rights, Autonomous University of Coahuila, Mexico.

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Book SynopsisDieter Grimm is an internationally renowned authority on constitutional law, constitutional theory, constitutional history and constitutional adjudication, Germany.

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Book SynopsisPresents a unique account of the social and political impacts of the German Basic Law on the German Republic from 1949 to the present day.

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Book SynopsisIngeborg Schwenzer is Professor Emerita of Private Law at the University of Basel, Switzerland.Christiana Fountoulakis is Professor of Private Law at the University of St. Gallen, Switzerland, and an international sales law and choice-of-law specialist. Mariel Dimsey is an arbitration and international sales law specialist, and an independent arbitrator based in Hong Kong.Maren Wibke Weigl is an arbitration lawyer based in Hong Kong.Patrick Wittum is a German law graduate, LL.M. Candidate at Harvard Law School, and former research assistant at the University of Zurich, Switzerland.Aydin Sari is Research Assistant in international sales law at the University of St. Gallen, Switzerland.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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