Law and society, sociology of law Books

Book SynopsisDoes a justice system have a welfare function? If so, where does the boundary lie between justice and welfare, and where can the necessary resources and expertise be found? In a time of austerity, medical emergency, and limited public funding, this book explores the role of the family justice system and asks whether it has a function beyond decision-making in dispute resolution. Might a family justice system even help to prevent or minimise conflict as well as resolving dispute when it arises? The book is divided into 4 parts, with contributions from 22 legal scholars working across Europe, Australia, Argentina and Canada. - Part 1 looks at what constitutes a family justice system in different jurisdictions, and how a welfare element is included in the legal framework. - Part 2 looks at those engaged with a family justice system as professionals and users, and explores how far private ordering is encouraged in different countries. - Part 3 looks at new ways of working within a family justice system and raises the question of whether the move towards privatisation derives from the intrinsic value of individual autonomy and acceptance of responsibility in family disputes, or whether it is also a response to the increasing burden on the state of providing a welfare-minded family justice system. - Part 4 explores recent major changes of direction for the family justice systems of Australia, Argentina, Turkey, Spain, and Germany.Table of ContentsIntroduction Mavis Maclean (University of Oxford, UK) PART A BOUNDARIES 1. Recent Family Law Reforms and High-Conflict Post-Separation Parenting Disputes in Canada Rachel Treloar (Keele University, UK) 2. Co-operation: The Glue that Unites the Danish Family Justice System Annette Kronborg (University of Southern Denmark) and Christine Jeppesen de Boer (Utrecht University, the Netherlands) 3. Family Justice Systems, Social Behaviour and Financial Arrangements after Divorce in the Netherlands Bregje Djksterhuis (University of Utrecht, the Netherlands) and Alexander Flos (VU University Amsterdam, the Netherlands) 4. Implementing Gender Equality as an Aim of the Swiss Family Justice System Michelle Cottier, (University of Geneva, Switzerland), Binda Sahdeva (University of Geneva, Switzerland), and Gaelle Aeby (University of Geneva, Switzerland) PART B PARTICIPANTS 5. Reforms and Reorganisation of Family Justice in France: What Are the Current Responses to the Needs of Divorcees? Benoit Bastard (University of Paris-Saclay, France) 6. Family Matters in the Polish Court: Law and Public Opinion Malgorzata Fuszara (University of Warsaw, Poland) and Jacek Kurczewski (University of Warsaw, Poland) 7. The Current Situation for Mediation and Other Forms of ADR in Spain with Special Reference to the Consequences of the Covid-19 Health Crisis Teresa Picontó (University of Zaragoza, Spain) and Elena Lauroba (University of Barcelona, Spain) PART C INNOVATIVE PRACTICE 8. Experimenting with a Non-Adversarial Procedure for Child-related Parental Disputes in the Netherlands Masha Antokolskaia (VU University of Amsterdam, the Netherlands), Marit Buddenbaum (VU University of Amsterdam, the Netherlands), and Lieke Coenraad (VU University of Amsterdam, the Netherlands) 9. Legal Needs across the Family Justice System: Who Needs What, Where and When? The Contribution of CLOCK, a Community Outreach System in England and Wales Jane Krishnadas (Keele University, UK) PART D MAJOR POLICY CHANGE 10. Developing Holistic and Inclusive Family Justice in Argentina Julieta Marotta (Maastricht University, the Netherlands) 11. Raising Questions on the Family Justice System in Turkey: An Ambivalent Fragmentation Verda Irtis (Galatasaray University, Turkey) 12. How Does a Legal System Deal with Malfunctions by Its Judicial Officers? Belinda Fehlberg (University of Melbourne, Australia) and Richard Ingleby (Victorian Bar, Australia) 13. Family Court Proceedings in Parent and Child Matters in Germany: A Binding Setting for Alternative Dispute Resolution Thomas Meysen (International Centre for Socio Legal Studies, Heidelberg, Germany) 14. What is a Family Justice System for? Concluding Observations and Next Steps Mavis Maclean (University of Oxford, UK)

Read more less

Book SynopsisWithout doubt it was one of the toughest jobs. Faced with ruthless criminal, trigger-happy gunslingers and assorted desperados, the lawmen of the Old West tried, and sometimes died, in their efforts to bring some semblance of order to their towns and communities. There were Marshals, City Marshals and Constables who were employed by the local townspeople and whose authority was restricted to within the town or city limits. Then there were the County Sheriffs, who were elected by the citizens of the county, to keep the peace within the county, or the Texas Rangers and Arizona Rangers, who operated under the jurisdiction of their respective state governors and later US Marshals.The United States Marshals were appointed by the President of the United States and had the authority to operate anywhere in the USA and deal with federal crime. Each of these law enforcement officers employed their own deputies, all of whom had the same powers of enforcement. Some believed that former criminals would make the most effective lawmen. Consequently, in some cases notorious gunfighters were employed as town marshals to help bring law and order to some of the most lawless of towns. These lawmen had to deal with the likes of the Dalton Gang, the James Brothers and the Rufus Buck Gang who thought nothing of raping and murdering innocent people just for the hell of it. These outlaws would frequently hide in the Indian Territory where there was no law to extradite them. The only law outside of the Indian Territory was that of Judge Isaac Parker, who administered the rules with an iron fist; the gallows at Fort Smith laid testament to his work. The requirements needed to be a peace officer in the Wild West were often determined only by the individual's skill with a gun, and their courage. At times judgement was needed with only seconds to determine it, and that also meant that there was the odd occasion where justice and law never quite meant the same thing. The expression 'justice without law' was never truer than in the formative years of the West.

Read more less

Book SynopsisDo judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views? When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people. But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just 'a blank piece of paper'. Joshua Rozenberg, Britain's best-known commentator on the law, asks how the judges can maintain public confidence while making hard choices.Trade Review"A brilliant, readable and timely survey of a topic of central importance in our troubled times. Joshua Rozenberg has produced a gripping account, including very recent material." Dinah Rose, QC, Blackstone Chambers "A very readable and engaging book which I'd certainly recommend to students as part of their introduction to common law. It uses high-profile cases to demonstrate how cautiously the judges proceed." Professor Dame Hazel Genn DBE QC (hon), University College London "Never before have our judges been under greater scrutiny. But what they do and how they do it remains mysterious to many. There is an urgency to the themes tackled in this book. It is a must-read for anyone interested in the future of this vital branch of government." Catherine Dobson, St Edmund's College, Cambridge "This is a book for lawyers, journalists, students and the concerned citizen. There is no more trusted and knowledgeable commentator than Joshua Rozenberg to hold up a mirror to the judges and to the public wherein each sees the other." Baroness Ruth Deech, DBE QC (hon) "This urgent and timely book is essential reading for anyone concerned with the future of our democracy and the proper role of the legal system within it. Through deft analysis of recent case law, Rozenberg comprehensively de-bunks the pernicious myth of an activist judiciary whose actions improperly impinge on the exercise of executive power." Dr Natalie Byrom, The Legal Education Foundation "Joshua Rozenberg's views are clear throughout this engaging study of the role of the judiciary in contemporary Britain. At times he seems positively prescient. We need this sort of contribution to our current and frenzied debates." Sara Nathan OBE, former Judicial Appointments Commissioner "An informed and entertaining account of the role of our judges in deciding sensitive cases by our pre-eminent legal commentator." Lord Pannick QC, Blackstone Chambers "A highly readable, hard-hitting and perceptive defence of our judges against the accusation that they are too activist. It should be read by anyone interested in this important constitutional question." Rt Hon Lord Dyson, former judgeTable of Contents1 New Readers Start Here; 2 The Miller Tale; 3 Creating Crimes; 4 Families and the Law; 5 The Right to Death; 6 Discerning and Discriminating; 7 Rites and Rights; 8 Privacy and the Press; 9 Access to Justice; 10 Friends, Actually

Read more less

Book SynopsisePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.Table of Contents1. Introduction 2. Distinguishing Social Care Detention 3. The Law of Institutions 4. The Post-carceral Landscape of Care 5. Social Care Detention in Human Rights Law 6. Institution/ Home 7. Regulatory Tremors 8. The Acid Test 9. Aftermath 10. ‘Protecting the Vulnerable’ 11. Out of the Shadows of the Institution?

Read more less

Book SynopsisThe effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.Table of ContentsIntroduction ~ Dave Cowan and Ann Mumford Part 1 ~ Justice Ruling the Pandemic ~ Dave Cowan Remote Justice and Vulnerable Litigants: The Case of Asylum ~ Nick Gill Virtual Poverty? What Happens When Criminal Trials Go Online? ~ Linda Mulcahy Genera-Relational Justice in the COVID-19 Recovery Period: Children in the Criminal Justice System ~ Kathryn Hollingsworth Racism As Legal Pandemic: Thoughts on Critical Legal Pedagogies ~ Foluke Adebisi and Suhraiya Jivraj Rights and Solidarity During COVID-19 ~ Simon Halliday, Jed Meers and Joe Tomlinson COVID-19 PPE Extremely Urgent Procurement in England: A Cautionary Tale for an Overheating Public Governance ~ Albert Sanchez-Graells Part 2 ~ the Social Accountability for Health and the NHS in Post-Brexit COVID-19 UK: The ‘Left Behind’ and the Rule of Law ~ Tamara Hervey, Ivanka Antova, Mark Flear and Matthew Wood COVID-19 in Adult Social Care: Futures, Funding and Fairness ~ Rosie Harding Housing, Homelessness and COVID-19 ~ Rowan Alcock, Helen Carr and Ed Kirton-Darling Education, Austerity and the COVID-19 Generation ~ Alison Struthers What Have We Learned About the Corporate Sector in COVID-19? ~ Sally Wheeler Social Security Under and After COVID-19 ~ Jed Meers Maintaining the Divide: Labour Law and COVID-19 ~ Katie Bales From Loss to (Capital) Gains: Reflections on Tax and Spending in the Pandemic Aftermath ~ Ann Mumford and Kathleen Lahey

Read more less

Book SynopsisPersons with disabilities report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention. This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice. It explores the capacity of the law to address intersectional harassment, particularly that faced by women with disabilities, and outlines the barriers to effective legal solutions.Table of Contents1. Introduction 2. The Human Rights Framework 3. Barriers to Effective National Implementation 4. Disability Harassment in Ireland 5. The Irish Legal Framework in Practice 6. Meeting the Global Challenge: Lessons From Experience 7. Conclusion

Read more less

Book Synopsis'Well-written, deeply researched and wholly gripping' The Spectator'Kentridge is one of many lawyers to whom I will forever be in debt, and whose everyday fights against injustice should inspire us all' David LammySydney Kentridge carved out a reputation as South Africa's most prominent anti-apartheid advocate - his story is entwined with the country's emergence from racial injustice and oppression. He is the only advocate to have acted for three winners of the Nobel Peace Prize - Nelson Mandela, Archbishop Desmond Tutu and Chief Albert Lutuli. Already world-famous for his landmark cases including the Treason Trial of Nelson Mandela and the other leading members of the ANC, the inquiry into the Sharpeville massacre, and the inquest into the death of Steve Biko, he then became England's premier advocate.Through the great set-pieces of the legal struggle against apartheid - cases which made the headlines not just in South Africa, but across the world - this biography is a portrait of enduring moral stature.Trade ReviewWell-written, deeply researched and wholly gripping -- The SpectatorMeticulously researched -- The TimesKentridge is not only one of the finest advocates of all time, he is also one of the finest men -- Lady HaleThe barrister's barrister . . . a moral stature that no amount of moral forensic technique can impersonate -- Lord Jonathan SumptionOne of the greatest lawyers of our times - a legal titan -- Lady Helena KennedyA good read . . . well-researched. It can be recommended as a short introduction to the horrific nature of the ancien régime and the risks run and suffering borne by its opponents, as they emerge through the prism of the South African legal system -- Daily TelegraphAnyone who wants a fresh understanding of how South Africa became the polecat of the international community will gain insight from Thomas Grant's gripping telling of the stellar career of Sydney Kentridge and his struggle for justice -- RapportIn all of [Grant's] chapters, the role of fearless hugely skilled advocacy in creating a belief that the rule of law matters is luminously documented . . . Grant's description of Kentridge's cross-examination of State witnesses who were cynically employed to convict opponents of the apartheid regime should be compulsory reading -- The Daily MaverickIn November [2022], [Sydney] Kentridge will mark his 100th birthday, and Grant's in-depth research sets the scene for a celebration of a remarkable legal tactician -- Farmer's WeeklyThomas Grant KC has performed a real service by enabling us to get a vivid sense of some of Kentridge's most important cases . . . This is a powerful, but easy, read -- New Law JournalA forensic, riveting account of a wondrous and principled advocate -- Philippe Sands

Read more less

Book Synopsis― Human Rights ― Equality ― Free Speech ― Privacy ― The Rule of Law These five ideas are vitally important to the way of life we enjoy today. The battle to establish them in law was long and difficult, and Anthony Lester was at the heart of the thirty-year campaign that resulted in the Human Rights Act, as well as the struggle for race and gender equality that culminated in the Equality Act of 2010. Today, however, our society is at risk of becoming less equal. From Snowden’s revelations about the power and reach of our own intelligence agencies to the treatment of British Muslims, our civil liberties are under threat as never before. The internet leaves our privacy in jeopardy in myriad ways, our efforts to combat extremism curtail free speech, and cuts to legal aid and interference with access to justice endanger the rule of law. A fierce argument for why we must act now to ensure the survival of the ideals that enable us to live freely, Five Ideas to Fight For is a revealing account of what we need to protect our hard-won rights and freedoms.Trade Review‘Illuminating and accessible…[Lester] speaks with enormous authority…Five Ideas to Fight For summarises what we have gained, and the dangers we still face from political hostility, ignorance and apathy.’ * David Pannick QC, The Times *‘Lester has dedicated his life to these causes. His personal anecdotes...are often frank admissions of how hard his work has been…This is what gives his book its special quality: few other lawyers would be able to do the subject matter justice.’ * Prospect *‘Passionate, and personal…nobody could finish Five Ideas To Fight For doubting that Anthony Lester has been an immense force for good.’ * Craig Purshouse, Times Literary Supplement *‘A powerful rallying cry for the creation of a civilised world made by the founding father of modern human rights in the UK – a hero of our times.’ -- Helena Kennedy QC‘Tells the story of an unparalleled life and work shaping the law. Anthony Lester inspires us to defend our Human Rights Act in difficult times.’ -- Shami Chakrabarti, director of Liberty‘Anthony Lester has long been one of our foremost champions of human rights and free speech. How wonderful that he has now gathered his years of experience into a book that tells us why these values matter.’ -- Gillian Slovo‘All the forces that, for decades, abused the human rights of the thalidomide children, are on the rise again in an ugly xenophobic populism: those who have the loudest voices have the smallest vision. They must be repulsed and there is no better person to summon us to the ramparts than the author of this exciting book.’ * Sir Harold Evans, editor-at-large for Thomson Reuters and former editor of The Sunday Times *‘His five principles are of immense importance to everyone in this country. They go to the heart of British values… His spirited defence of the “Five Ideas” and why and how they must be defended, deserves to reach the largest possible audience.’ -- Lord Woolf of Barnes, former Lord Chief Justice‘Anthony Lester has throughout his life – and often far in advance of his times – been an eloquent fighter for freedom of speech, equality under the law, protection from official arbitrariness and much else besides. His views and actions – as lawyer, legislator and citizen – have often irked those in power but have conduced to justice, human dignity and a sense of reasonableness and decency in the world around him. In this book he combines legal and political argument with telling personal anecdote – and he does so with a most engaging combination of practicality and passion.’ -- Vikram Seth, author of A Suitable Boy‘In this stirring call to action, Britain's greatest human rights lawyer issues a challenging, and compelling, agenda for change.’ -- Harold Hongju Koh, Sterling Professor of International Law at Yale Law School and former Legal Adviser to the US Department of State under President Obama‘A finely written and scrupulously accurate account of how human rights stand in Britain today and a clarion call for further struggle fully to achieve them... eloquent, liberal and street-wise, Lord Lester makes a compelling case against complacency... a book that should be required reading for MPs, newspaper editors and civil servants, so many of whom fail to understand the importance to our nation of protecting and enhancing civil liberties.’ -- Geoffrey Robertson QC‘This is not just another book on human rights. Anthony Lester's “Five Ideas” are those which have made the United Kingdom a free country. He himself has fought to maintain them, both in the courts and in Parliament, often with signal success. His account is practical and realistic – and a very good read.’ -- Sir Sydney Kentridge QC‘Five Ideas to Fight For is the powerful and provocative distillation of a lifetime of conviction and reminds us all in Lord Lester’s own words that “there is never a time for apathy – especially now.”’ -- Marian Wright Edelman, President and CEO, Children’s Defense Fund‘Anthony Lester has spent his life in the dedicated pursuit of freedom and justice, both as a lawyer and as a member of the House of Lords. We need to listen to his urgent case for upholding these core values and be inspired by the courage and passion with which he continues to fight for them.’ -- Mary Robinson‘Animated by the desire to protect fundamental human rights and freedoms in a long and distinguished career in law as a practitioner and lawmaker, Anthony Lester makes a passionate case for the defence of these rights – so hard won and so much under threat today. The legal arena has become an important part of the political struggle for change, a development that is mapped in this beautifully accessible book.’ * Southall Black Sisters *‘This powerful, elegant book is a distillation of decades of commitment to the advancement of human rights across the globe by one of the foremost lawyers of our time. It is a clarion call to action for all of us, in the United States as much as in his own country. Five Ideas to Fight For should be required reading for every lawyer and every politician.’ -- Hon. Margaret H. Marshall, former Chief Justice, Supreme Judicial Court, Massachusetts‘Anthony Lester has pioneered a new style of autobiography. It links his intellectual, philosophical and legal journeys through life with both great principles and his most cherished causes. It works. A fascinating and inspiring read.’ -- Peter Hennessy‘Anthony Lester is one of the world's foremost advocates of rights. His advocacy reflects his deep understanding of the principles at stake, his formidable skills as a litigator, and his passionate commitments in dealing with such issues as equality and freedom of expression. Reading this book is like holding a conversation with him. His opinions and his arguments are bracing and incisive and the entire experience is intellectually exciting.’ -- Aryeh Neier, president emeritus of the Open Society Foundations and former executive director of both Human Rights Watch and the American Civil Liberties Association‘Anthony Lester’s legacy of laws that promote equality, uphold individual liberty and protect human rights, is a remarkable one.’ -- Shirley Williams

Read more less

Book SynopsisStudies in Law, Politics, and Society provides a vehicle for the publication of scholarly articles within the broad parameters of interdisciplinary legal scholarship. In this latest edition of this highly successful research series, chapters examine a diverse range of legal issues and their impact on and intersections with society. This volume is a collection of chapters exploring expert witnessing in Asylum Cases. Topics covered include: judicial ethnocentrism, political asylum, race identity and cultural defense. This volume brings together leading scholars and will be vital reading for all those researching in this subject area.Trade ReviewAnthropologists explore the use of cultural expert testimony as evidence in legal conflicts that invoke cultural difference. They address knowing the role of expert testimony in a cultural defense, reconciling the job of expert witness with other professional roles, relating to defendants versus informants, employing legal concepts that have little anthropological acceptance, producing testimony in changing historical and political contexts, and helping judges understand culture. -- Annotation ©2018 * (protoview.com) *Table of ContentsIntroduction; Leila Rodriguez 1. Expert Witnessing in Honduran Asylum Cases: What Difference Can Twenty Years Make?; James Phillips 2. Judicial Ethnocentrism vs Expert Witnesses in Asylum Cases; Murray J. Leaf 3. Guilt, Innocence, Informant; Jeffrey Cohen and Lexine Trask 4. Traversing Boundaries: Anthropology, Political Asylum and The Provision of Expert Witness; Kathleen Gallagher 5. Proving "Race" Identity of Chinese Indonesian Asylum Seekers; ChorSwang Ngin 6. State Your Case: Best Practices for Presenting a Cultural Defense in Criminal Litigation; Heather Crabbe, Esq.

Read more less

Book SynopsisThis volume of Studies in Law, Politics, and Society brings together an international and interdisciplinary array of scholars to explore issues around citizenship and the law. Topics covered include the constitutive nature of citizenship laws and the often complex and unsettled evolutionary journeys such laws take, how undocumented migrants in the United States have coped with being 'unlawful', the close connection between immigration enforcement and citizenship rights in the United States, a sociological and historical reconstruction of the emergence of citizenship as a source of legitimacy for political institutions, and a study of the expressive components of humanitarian activism in the context of immigration enforcement on the border between the United States and Mexico. Through its valuable contribution to our understanding of the relationship between law and citizenship, this volume is essential reading for legal scholars worldwide.Table of ContentsChapter 1. Constituting citizenship – the evolution of Australian citizenship law; Elisa Arcioni Chapter 2. Discovering Yourself a Stranger; John S.W. Park Chapter 3. Denying Citizenship: Immigration Enforcement and Citizenship Rights in the United States; Emily Ryo and Ian Peacock Chapter 4. Citizenship, Democracy and the Transformation of Public Law; Christopher Thornhill Chapter 5. All the Border’s a Stage: Humanitarian Aid as Expressive Dissent Protected by the First Amendment; Jason A. Cade

Read more less

Book SynopsisCelia Wells always felt like an outsider. Her unconventional early life was shaped by her Communist Party parents, she grew up as `town' not `gown' in Oxford, surrounded by books but living in a council house. She has uncovered an intriguing backstory with a bigamous grandmother, a convicted forger cousin transported to Australia in the 1840s, and the rise and fall of landed gentry. The author describes her parents' bohemian friends and their coded language and uses their original wartime correspondence to produce a picture of a fascinating heritage which ran against the grain and shaped an inquiring mind. A Woman in Law shows how the post-war political landscape provided opportunities for women yet failed to shift many entrenched advantages of gender and class. Tracing the rocky path to becoming Cardiff University's first female law professor, the author shows how her distinctive academic research led to different approaches to teaching criminal law as well as contributing to key reforms described in the book. As she asserts, `I wanted to write about my rather confused political and cultural background, and to relate it to my professional and personal life, to my academic writing, to my relationships, and my beliefs, my experiences of suicide and addiction in my close family.'Trade Review'Well written and beautifully composed in terms of the strands [the author] interweaves so successfully'-- Andrew Ashworth CBE; 'Beautifully written and searingly honest ... a rare resource ... emotionally articulate and deeply considered'--Nicola LaceyTable of ContentsForeword Nicola Lacey. Introduction. Part 1 - THE ACCIDENTAL COMMUNISTS - Getting Started; Class, Gender and Politics; Families - My Bigamous Grandmother; Social and Economic Transitions; Communism and the Carritt Connection; After the War; The Not So Secret Life of a Seven-year-old; Town and Gown; PART 2 - LIFE, LAW AND FEMINISM - Becoming a Woman; Becoming a Law Professor; Law and Life; A Woman Law Professor; Collisions - Expectations, Enabling and Endings; Where Did I Come From? To Oxford via Wolf Hall, St Pancras and Essex. References and bibliography. Appendix 1 - Women Law Professors - Negotiating and Transcending Gender Identities at Work; Appendix 2 - The Decline and Rise of English Murder: Corporate Crime and Individual Responsibility; Index.

Read more less

Book SynopsisThe legal profession needs more than law. Whether you are a student, a law school, a university, a law firm or an in-house legal team, The Legal Team of the Future is the definitive guide to understanding and building the holistic skills required of those working in legal services now and in the future. Highlighting the importance of multidisciplinary teams working collaboratively to solve legal problems, the book introduces a ‘Law+’ model for the profession, comprising sixteen skills across four quadrants: Law+People, Law+Business, Law+Change and Law+Technology. As well as outlining each of the skills, the book explains how to build those skills as an individual, a law firm, an in-house team, a university or a law school. Designed for both lawyers and business professionals working in law, The Legal Team of the Future dispels the myth that the ‘lawyer of the future’ is solely responsible for the future of the profession, instead focusing on diverse individuals working within their own specializations. The Law+ model is more than an academic theory, containing real-world examples and case studies and devised by an expert in legal innovation who is still working in the field on a daily basis. This book is the guide you need to navigate the future of the legal profession and to stay ahead of the pack in delivering legal services to clients.

Read more less

Book SynopsisMotherhood In and After Prison describes the devastating impact of sending mothers to prison, including on the women, their children, wider family and place in society. Using the same lens as for her acclaimed Mothering Justice (Waterside Press, 2015) and with special access to incarcerated mothers, Lucy Baldwin combines her vast experience of criminal and social justice with their own words to: Introduce readers to the lives of imprisoned women; Describe how before, during and after prison they were treated differently, their maternal identity and role was 'spoiled' and they needed to continually 'renegotiate motherhood'; Draw out key themes from her own findings and what was previously known about the imprisonment of women; Put forward recommendations for positive change. The book will be of interest to a national and international readership of policymakers, educators, practitioners, feminists, and women's groups. Extract: 'I don't have much contact with my daughter, my ex has her whilst I'm in here and he don't want me to have contact with her, it's just an excuse to punish me and control me like he always does. He don't care that it punishes her too. God knows what he's saying to her about me.' (Melanie)Trade Review‘Lucy Baldwin’s important book explores the wider context of the imprisonment of women … Written with passion, Motherhood in and After Prison presents powerful evidence of the enduring harm caused by the imprisonment of mothers and offers sound recommendations for change in policy and practice’-- Dr Rona Epstein, Coventry University Law Journal; 'This timely book beautifully educates without judgement and is a must read for policymakers and practitioners alike, driving home a most critical message about the colossal and devastating impact of imprisoning mothers'-- Lady Edwina Grosvenor (from the Foreword).Table of ContentsForeword by Lady Edwina Grosvenor; Preface; List of Abbreviations. PART I - Overview. Introduction; Gendered Criminal Justice; The Making of Motherhood; The Mothers. PART II - Findings. Pre-Prison Experiences; Entering the Prison Space and Early Days; Distant Mothering and Grandmothering; Regimes, Rules and Relationships; Renegotiating Motherhood; Trust and Surveillance; Trauma and Pain. PART III - Conclusions and Recommendations. Drawing Together the Evidence. References and Bibliography. Index.

Read more less

Book SynopsisThe inspirational story of a young German orphan who escaped a war-torn Berlin to rise to the highest ranks of the European legal system. When Konrad Schiemann escaped his home in Berlin to begin a new life in England, he didn’t know what life awaited him there. An orphan who had lost both of his parents at the end of World War Two, he reached this new country to start again with the help of relatives. Grown up, he decided to practise as a barrister in England and became a judge of the Appeal Court and finally of the European Court of Justice. After having his family and life in Germany torn apart by conflict, he forged a career around his desire to help in the construction of a peaceful Europe. It was only late in life that he came to realise the extent of the extraordinary family into which he had been born. A great-great grandfather who presided over 5 parliaments and the first German Supreme Court, a great-grandfather who was a friend of the last Kaiser and a grandfather who joined the Nazi Party despite the opposition of two members of the family later recognised by Israel as Righteous among the Nations for saving Jews from the Nazis. He learned of his mother’s close acquaintance with one of the plotters of the assassination attempt on Hitler and it became evident that there was a powerful family history to be traced, and a story to be told. Piecing together extensive correspondence from the war years, A Dual Perspective is the moving memoir of a German orphan who built a new future away from home, and the story of the family he loved and lost along the way.

Read more less

Book SynopsisThis book, based on extensive ethnographic material, analyzes the complex relationships between the law and various social controls, helping to answer the question of how social order is formed. Formal law exists in a web of complex structures and meanings. Accordingly, legal study must take into account multiple types of order, allowing us to understand in depth the strengths and weaknesses, reasonable and absurdity, and successes and failures of the law. In addition, the interactions of numerous actors shape the structure and context of the law. Exploring these aspects—while also highlighting diverse informal/non-state norms that influence day-to-day social practices, and which have never been replaced by modern laws—the book offers an insightful resource for all readers who are interested in the practice of Chinese law or in the connections between culture, society, and the law.Table of ContentsIntroduction: Observing Law and Order.- Action, Culture and Order.- Law Pluralism, Social Control and Order.- Conclusion: Constructing a Legal Theory Centered on Chinese Issue.

Read more less

Book Synopsis

Read more less

Book SynopsisA challenging, yet highly accessible, introduction to discrimination law which highlights the major issues and asks how the right to equality can be made more effective. This edition includes expanded material on how jurisdictions formulate grounds of discrimination with thematic analysis on topics such as racism, sexism, and LGBTQ+ rights.Trade ReviewReview from previous edition Professor Fredman's treatise on discrimination law is most welcome. Her lucid, practical exposition of the tough concepts and decisions in this field is indispensable to both practitioners and academics who must grapple with its problems. Most importantly, to her whole treatment she brings an illuminating understanding of the values of social justice and human dignity that powerfully underlie laws against discrimination. * Edwin Cameron, Justice of the Constitutional Court of South Africa *Equality law is one of the most difficult areas of modern law, yet Sandra Fredman¹s Discrimination Law is a model of clarity. It untangles the complex theoretical debates underlying discrimination law, gives a lucid account of the legal principles informing equality legislation, including the new Equality Act, and undertakes a careful analysis of relevant UK and European case law. Throughout, the book draws on Indian, South African, Canadian and US discrimination law and jurisprudence to provide rich comparative insights * Kate O'Regan, Judge of the Constitutional Court of South Africa, 1994-2009 *Table of Contents1: Equality: Concepts and Controversies 2: Social Context and Legal Developments: Gender, Race, and Religion 3: Social Context and Legal Developments: Sexual Orientation, Gender Identity, Disability, and Age 4: The Scope of Discrimination Law 5: Legal Concepts: Direct, Indirect Discrimination, and Beyond 6: Challenges and Contestations: Pregnancy and Parenting, Equal Pay, Sexual Harassment, and Duty Of Accommodation 7: Symmetry or Substance: Reversing Discrimination 8: Making Equality Effective: Refashioning Remedies

Read more less

Book SynopsisStories of non-US citizens caught in the jaws of the immigration bureaucracy and subject to indefinite detention are in the headlines daily. These men, women, and children remain almost completely without rights, unprotected by law and the Constitution, and their status as outsiders, even though many of have lived and worked in this country for years, has left them vulnerable to the most extreme forms of state power. Although the rhetoric surrounding these individuals is extreme, the US government has been locking up immigrants since the late nineteenth century, often for indefinite periods and with limited ability to challenge their confinement. Forever Prisoners offers the first broad history of immigrant detention in the United States. Elliott Young focuses on five stories, including Chinese detained off the coast of Washington in the late 1880s, an insane Russian-Brazilian Jew caught on a ship shuttling between New York and South America during World War I, Japanese Peruvians kidnapped and locked up in a Texas jail during World War II, a prison uprising by Mariel Cuban refugees in 1987, and a Salvadoran mother who grew up in the United States and has spent years incarcerated while fighting deportation. Young shows how foreigners have been caged not just for immigration violations, but also held in state and federal prisons for criminal offenses, in insane asylums for mental illness, as enemy aliens in INS facilities, and in refugee camps. Since the 1980s, the conflation of criminality with undocumented migrants has given rise to the most extensive system of immigrant incarceration in the nation''s history. Today over half a million immigrants are caged each year, some serving indefinite terms in what has become the world''s most extensive immigrant detention system. And yet, Young finds, the rate of all forms of incarceration for immigrants was as high in the early twentieth century as it is today, demonstrating a return to past carceral practices. Providing critical historical context for today''s news cycle, Forever Prisoners focuses on the sites of limbo where America''s immigration population have been and continue to be held.Trade ReviewA timely, welcome, and innovative addition to the rich scholarship on mass incarceration...[and] immigration....This is an ambitious book, one that deftly incorporates the now rather well-known history of anti-immigrant politics, exclusionary laws and practices, nativist policies, Supreme Court decisions, and foreign entanglements. However, by placing immigrant detention at the center of his work, Young forces readers to grapple with the magnitude of why and how the United States has incarcerated millions of immigrants, as well as the experiences of those who found themselves confined behind bars. Furthermore, by profiling the experiences of immigrants who were housed in hospitals, insane asylums, and charitable establishments, Young includes institutions that might at first glance seem like a part of the history of mental health or philanthropy and not a part of the broader history of immigrant detention. * Kathleen Mapes, American Historical Review *In Forever Prisoners, Elliott Young homes in on case studies of communal and individual detention in the United States from the nineteenth century to the present. He seeks to prove how the country's two vast systems of policing and immigrant detention have been inextricably linked during this entire time period, and not just in recent decades. Over the centuries, the United States has used different places to incarcerate immigrants—prisons, islands, insane asylums, hastily-constructed camps—and maintained an historical and consistent concern about detaining foreigners. * Lori A. Flores, Reviews in American History *Forever Prisoners offers a compelling account of the evolving immigration detention system. With thoughtful sources detailing the lives and voices of non-citizen detainees, the book reads like an intimate account of the world of individuals locked in the oppressive U.S. immigration system and the history that developed it. * Miguel Girón, Southwestern Historical Quarterly *Throughout, Young brings complex legal, institutional, and demographic history to life through individual stories. The book is uniquely situated at the interstice of two subjects that have generated voluminous literature but have been treated separately -- undocumented immigration and mass incarceration ... this moving work humanizes immigration, past and present. * T. Mackaman, CHOICE *Forever Prisoners is a searing indictment of US immigration policy as revealed through case studies of Chinese incarceration at McNeil Island Prison, the imprisonment of immigrants deemed 'insane; during the Progressive Era, the abduction and imprisonment of Japanese-Peruvian citizens by American agents during WW II, the indefinite imprisonment of Cuban Marielito refugees in the 1980s and 1990s, and the criminalization and deportation of undocumented immigrants under the Obama and Trump presidencies....Throughout, Young brings complex legal, institutional, and demographic history to life through individual stories. The book is uniquely situated at the interstice of two subjects that have generated voluminous literature but have been treated separately—undocumented immigration and mass incarceration....This moving work humanizes immigration, past and present. * Choice *An altogether sobering look at a system of punishment founded on racial injustice and going strong. * Kirkus *We have long needed a history of immigrant detention, and Forever Prisoners delivers. Drawing on archival documents as well as his own experience as an expert witness in recent asylum cases, Young brilliantly continues the dismantling of America's 'nation of immigrants' myth and instead shows how our long history of criminalizing migration has led us to build the world's largest system for imprisoning immigrants, a nation of immigrant prisons. This is an essential read for anyone invested in building a more just society. * Erika Lee, author of America for Americans: A History of Xenophobia in the United States *Tightly organized around five compelling case studies, Young explores the broader carceral landscape of prisons, insane asylums, war camps, and detention centers that have caged non-citizens in the United States since the late nineteenth century.Full of surprising historical details and offering important insights drawing from immigration and prison studies, the book makes visible the full human and racial dimensions of this country's immigration policies, and speaks with an urgent voice to contemporary debates surrounding US immigration policy and the carceral state. * Julian Lim, author of Porous Borders: Multiracial Migrations and the Law in the U.S.-Mexico Borderlands *By centering the stories of foreign-born people subjected to imprisonment, Elliott Young's Forever Prisoners demonstrates how this particular detention regime has not only escalated in the past several decades but, more important, grows out of deep roots reaching back to the nineteenth century origins of immigration restriction. Young widens our view of what counts as immigrant detention over time and how the United States has ensnared differently outcast groups into its varied cages — including offshore islands, mental institutions, martial detention camps, and refugee camps, as well detention centers, jails, and prisons. Forever Prisoners is crucial book for anyone interested in the convergence of prison and immigration regimes. * A. Naomi Paik, author of Bans, Walls, Raids, Sanctuary *Table of ContentsAcknowledgments Introduction: Building the Largest Immigrant Detention Regime on the Planet Chapter One: Chinese at McNeil Island Federal Prison in the Late Nineteenth Century Chapter Two: Nathan Cohen, the Man Without a Country Chapter Three: Japanese Peruvian Enemy Aliens during World War Two Chapter Four: "We Have No End." Mariel Cuban Prison Uprising in Oakdale and Atlanta Chapter Five: "A Particularly Serious Crime." Mayra Machado in an Age of Crimmigration Conclusion: Indefinite Detention from Guantanamo, Cuba to Jena, Louisiana Notes Index

Read more less

Table of ContentsForeword by John Finnis Acknowledgements Introduction by Veronica Rodriguez-Blanco's Part I Integrity, Values , Interpretation, and Objectivity Ronald Dworkin: Life and Works Lokendra Malik Integrity and Truth in Law's Empire Jonathan Crowe Dworkin's Perfectionism James E. Fleming and Linda C. McClain Interpretation in Normative Domains Alexander Brown Justice, Integrity, and the Common Law Trevor R.S. Allan Taking (Human) Dignity and Rights Seriously: The Integrated Legal, Moral, and Political Philosophy of Ronald Dworkin Imer Flores Are There Any Interpretative Concepts? Pritam Baruah Part II Dignity, Responsibility, and Free Will Interpreting Human Dignity Allen W. Wood Dworkin's Dignity Under the Lens of the Magician of Könisberg Veronica Rodriguez-Blanco Does Dignity Help in Thinking about Paternalism Barbara Baum Levenbook Dignity, Rights, and Virtues in the Department of Values Isabel Trujillo Part III Freedom of Speech, Right to Privacy, and Human Rights Dignity and Free Speech David Richards Ronald Dworkin and Free Speech James Allan Exit Hercules: Ronald Dworkin and the Crisis of the Age of Rights Lorenzo Zucca Part IV Dignity, Constitutions, and Legal Systems Revamping Associative Obligations George Pavlakos Dworkinian Dignity: Rights and Responsibilities of a Life Well Lived Erin Daly Ronald Dworkin's Judge: Philosopher Master of Rights Salman Khurshid A Dworkinian Reading of the Indian Constitution Suhrith Parthasarathy A Dworkinian Right to Privacy in New Zealand Mark Bennett and Petra Butler Afterword by Justice A.K. Sikri Index About the Editors and Contributors

Read more less

Book SynopsisThe steadily rising number of investor-State arbitration proceedings within the EU has triggered an extensive backlash and an increased questioning of the international investment law regime by different Member States as well as the EU Commission. This has resulted in the EU's assertion of control over the intra-EU investment regime by promoting the termination of bilateral intra-EU investment treaties (intra-EU BITs) and by opposing the jurisdiction of arbitral tribunals in intra-EU investor-State arbitration proceedings. Against the backdrop of the landmark Achmea decision of the European Court of Justice, the book offers an in-depth analysis of the interplay of international investment law and the law of the European Union with regard to intra-EU investments, i.e. investments undertaken by an investor from one EU Member State within the territory of another EU Member State. It specifically analyses the conflict between the two investment protection regimes applicablTable of ContentsIntroduction1. Setting the stage I. European foreign direct investment II. Development of international investment law – A European story III. International investment law within the EU – Unexpected difficulties 2. Comparison of the investment protection regimes I. Introduction II. Scope of application III. Substantive protection IV Procedural protection V. Conclusion 3. Conflict between intra-EU IIAs and EU law I. Nature of EU law and its relationship to public international law II. Alleged invalidity of intra-EU BITs III. Incompatibility of intra-EU BITs with EU law IV. Energy Charter Treaty and EU law V. Result 4. What future for intra-EU investor protection? I. Introduction II. Termination of intra-EU BITs III. Energy Charter Treaty IV. Effects on EU member state courts and other domestic courts V. Effects on investment arbitration proceedings VI. Why a substitute might be necessary VII. Possible substitutes VIII. Assessment General conclusion

Read more less

Book SynopsisCovering both the principles and practice of Alternative Dispute Resolution (ADR), this important new textbook equips students not only with a contextual understanding of the role of ADR in adjudicating civil disputes but also with the different forms of mediation and ADR available and the key issues in their application.Providing theoretical and practical insights, the book begins with a critical examination of the tenets on which ADR is based, where it sits in relation to civil law, and how it is applied in different national contexts. It discusses the various areas in which mediation or arbitration can be applied, from family mediation to restorative justice, and includes chapters on the ethics of mediation and its psychology, as well as an introduction to online dispute resolution (ODR). The concluding chapter offers some thoughts on the benefits and challenges of mediation.Featuring a glossary of key terms, detailed case law, end-of-chapter problem questions, and advice around listening skills during a mediation process, Mediation and other forms of Alternative Dispute Resolution is an essential textbook for any student approaching ADR for the first time and offers practitioners an opportunity to reflect on the context of ADR.

Read more less

Book SynopsisCriminal Law: The Basics is an insightful introduction to the legal aspects of criminal acts, ranging from battery to burglary and harassment to homicide.Starting with an in-depth exploration of the very concept of crime, the book considers key questions such as: How should we decide what is criminal and what isn't? What is the difference between murder and manslaughter? Could you ever be guilty of stealing your own property? What defences are available to those accused of crime?Featuring a range of case studies, from the infamous to the bizarre, the new edition has been thoroughly updated to include new material on loss of control, accessorial liability, dishonesty, causation, liability, manslaughter and sexual offences. Relevant cases, statutes and suggestions for further reading are included throughout, making Criminal Law: The Basics the ideal starting point for anyone studying this area for the first time.Table of Contents1. Basic Concepts in Criminal Law; 2. Homicide; 3. Assault; 4. Property Offences; 5. Accomplice and Inchoate Offences; 6. Defences

Read more less

Book SynopsisTransgender Jurisprudence: Dysphoric Bodies of Law is an important book. â Sharpeâs discussion [of trangender jurisprudence]â is convincing and thought-provoking, â her observations incisive and legally persuasive â [and] her examination of the fundamental heterosexism and phallocentricity of reform jurisprudence is brilliant.' -Queenâs Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudence is a work of the most careful and comprehensive scholarship â [and] â will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.' -Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudence provides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. â It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.' -Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University '[Sharpe] expresses the hope that the book has made an important contribution ... That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. â [T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.' -Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University [Transgender Jurisprudence] has already become a foundational work by which others will be measured. â [It] sets a high bar â As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying [homophobia as] the source of the tension in such cases.' - Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.Trade Review'Transgender Jurisprudence: Dysphoric Bodies of Law is an important book. … Sharpe’s discussion [of trangender jurisprudence]… is convincing and thought-provoking, … her observations incisive and legally persuasive … [and] her examination of the fundamental heterosexism and phallocentricity of "reform" jurisprudence is brilliant.'-Queen’s Law Journal (Vol 28(1) 2002 pp 363-369 at pp 365, 366, 368 and 369), Professor Bruce MacDougall of the Faculty of Law, University of British Columbia, Vancouver 'Transgender Jurisprudence is a work of the most careful and comprehensive scholarship … [and] … will, I have no doubt, be a standard resource to all those who have reason to work in the area, both as practicing lawyers, activists, or academics, in years to come.'-Sydney Law Review (Vol 24 2002 pp 442-448 at p 443), Professor Desmond Manderson, Canada Research Chair in Law & Discourse, McGill University, Montreal 'Transgender Jurisprudence provides an excellent, well-researched contribution to the fields of transgender studies and jurisprudence concerning gender and sexuality. … It is also a valuable contribution to wider discussions concerning feminism, poststructuralism and queer studies.'-Res Publica (Vol 8(3) 2002 pp 275-283 at pp 282-283), Dr Surya Munro of the Department of Law, Keele University '[Sharpe] expresses the hope that the book has made an important contribution ... That it has done so is beyond doubt. Indeed more than a contribution, Sharpe has comprehensively reshaped and redefined the field of transgender jurisprudence. … [T]he end result is a book which is not only sustained, integrated and comparative, but which introduces a set of original and sophisticated arguments that will provide an indispensable grounding for subsequent work in the field for some time to come.'-Griffith Law Review (Vol 12(2) 2003 pp 387-390 at p 390), Professor Rosemary Hunter, Dean of the Faculty of Law, Griffith University[Transgender Jurisprudence] has already become a foundational work by which others will be measured. … [It] sets a high bar … As one who litigates cases on behalf of transgender people as well as those involving same-sex couples seeking marriage rights, I think Sharpe has done an incredible job identifying [homophobia as] the source of the tension in such cases.'- Adelaide Law Review Vol 24(2) 2003 pp 99-104 at 104.

Read more less

Book SynopsisNew to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.Trade Review'… one of the most influential legal academic books of the last 30 years. It has substantially and beneficially affected the thinking of law students and lawyers worldwide. It is a wonderfully vivid and stimulating introduction to legal methods and to the general arts of interpreting and applying rules. Using a cornucopia of examples from all sorts of real cases, legislation, human rights law, and European law, the authors demystify the processes by which rules are interpreted and applied. In a masterfully clear exegesis, the arcane world of rules and how they work is made easily accessible. This is an inspiring and indispensable book for all those whose scholarship involves argument about the making and breaking of rules. In fact, anyone whose work involves doing things with rules will gain great advantage, skill, and insight by reading this enjoyable book.' G. J. Slapper, Director of the Centre for Law, The Open UniversityTable of ContentsPart I: 1. Some food for thought; Part II. Reading, Using and Interpreting Rules in General: 2. Problems and mischiefs; 3. Of rules in general; 4. Interpretation and application; 5. Imperfect rules; Part III. Reading Law: Reading, Using and Interpreting Legislation and Cases: 6. Routine and problematic readings; 7. Legislation; 8. Interpreting legislation; 9. Reading cases; 10. The European dimension; 11. Rules, reasoning and interpretation; Part IV: Questions and exercises.

Read more less

Book SynopsisThis book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.Trade Review'Human rights are meaningless if they cannot be claimed. The formal court system is playing an increasingly important role in enforcing human rights claims in many countries, frequently with life-saving impacts, as part of the overarching institutional architecture and social mobilization for human rights accountability. Gauri and Brinks have produced a timely, distinctive and important comparative empirical analysis of prerequisites for effective legal claims to socio-economic rights, and their social policy implications. I have no doubt that this book will appeal to a wide readership of public policy makers, economists, social scientists and lawyers, transcending stale theoretical dichotomies between rights of different kinds and showing vividly what a cross-disciplinary field human rights has become.' Louise Arbour, UN Commissioner for Human Rights'Judicial enforcement of social and economic rights has generated much theoretical controversy but little empirical work. Gauri and Brinks have taken a giant step forward with this methodologically innovative volume. The chapters fit together seamlessly, and provide a host of comparative and theoretical insights into the causes and consequences of judicial intervention in social and economic rights. The result is a major contribution to the literatures on rights, judicial power and social change, and the role of law in development.' Tom Ginsburg, University of Chicago Law School'The book offers a comparative analysis of five countries, South Africa, Brazil, India, Nigeria and Indonesia. Each case is rich in empirical data, as well as relevant social and political factors … This book is written to be accessible to both the serious empirical scholar of law and justice, as well as anyone interested in social justice and the protection of rights for disadvantaged populations. The ideas presented offer academics, scholars, and activists alike, the possibility of applying theoretical and empirical analysis to their own practices to further social justice … Overall, this book successfully merges theoretical analysis regarding the courts as policy makers and their ability to protect rights with empirical data through the case studies.' Jamila Smith-Loud, University of MarylandTable of Contents1. Introduction: the elements of legalization, and the triangular shape of social and economic rights Varun Gauri and Daniel M. Brinks; 2. Litigating for social justice in post-apartheid South Africa: a focus on health and education Jonathan Berger; 3. Accountability for social and economic rights in Brazil Florian F. Hoffmann and Fernando R. N. M. Bentes; 4. Courts and socio-economic rights in India Shylashri Shankar and Pratap Bhanu Mehta; 5. The impact of economic and social rights in Nigeria: an assessment of the legal framework for implementing education and health as human rights Chidi Anselm Odinkalu; 6. The implementation of the rights to health care and education in Indonesia Bivitri Susanti; 7. A new policy landscape: legalizing social and economic rights in the developing world Helen Hershkoff; 8. Transforming legal theory in the light of practice: the judicial application of social and economic rights to private orderings Daniel M. Brinks and Varun Gauri.

Read more less

Book SynopsisOne of the world's foremost scholars of Roman and comparative law here describes the nature of legal traditions and develops a general and coherent view of legal change.Trade Review[A] pioneering work... It bids fair to open up a new direction in legal history... This book maintains the scholarly standards of Watson's previous works, and it is certainly one of his most provocative offerings. American Journal of PhilologyTable of ContentsPrefaceChapter 1. The Roman System of Contracts and the Legal TraditionChapter 2. Customary LawChapter 3. The Cause of the Reception of Roman LawChapter 4. Evolution and RevolutionChapter 5. Conclusions Appendix: About the IllustrationsNotesGlossaryIndex

Read more less

Book SynopsisAdopting an interdisciplinary approach, Deval Desai presents the novel concept of 'expert ignorance', a practice by which experts continually admit the limits of their knowledge. With a range of illustrative case studies, Desai demonstrates the impact of this powerful yet paradoxical form of expertise in rule of law reform and beyond.Trade Review''Disenchanted' expertise that becomes 'self-denying' rests on and professes ignorance. In this provocative, innovative, and elegant book, Desai explores 'expert ignorance' in rule of law reform performances. He argues that expert ignorance moves the rule of law in the direction of 'Governance'. Critical and political, the argument deserves engagement.' Anna Leander, Professor of International Relations and Political Science, Geneva Graduate Institute'In this pathbreaking study of the field of rule of law reform, Desai explores the productive power of 'ignorance work' as a form of expert practice, examining the ways in which it helps to produce 'provisional, fluid, and reconfigurable' forms of the rule of law. With this innovative argument, which draws on his own years of experience as a practitioner in the field, Desai firmly establishes himself as one of the most insightful analysts of reflexive expertise, not only in the field of development but also beyond. This book is at the cutting edge of new thinking in critical development studies and global economic governance.' Andrew Lang, Chair in International Law and Global Governance, University of Edinburgh'Desai applies a sophisticated theoretical perspective to critically examine the ideas and actions of law and development scholars and practitioners. This penetrating and challenging first-hand look at expert ignorance defies categorisation and stands out in imagination and insight.' Brian Tamanaha, John S. Lehmann University Professor, Washington University in St Louis'In international development, 'building the rule of law' has the paradoxical status of being perhaps its most widely supported yet least successful policy objective. To this day, its leading practitioners openly concede that they 'don't know what they are doing' - or, indeed, what the rule of law itself even is. Desai provides an insightful, compelling, and intellectually innovative explanation of this paradox: law and development is replete with expert ignorance, requiring its champions to simultaneously own and disown, deploy and withhold, assert and deny, their expertise - with all manner of vexing consequences. Forging a world in which its most marginalised citizens begin to experience the law as a legitimate, accessible, and effective part of the solution to (rather than a source and compounder of) their problems requires all of us to join Desai in diligently wrestling with this truly unique challenge, in an ongoing quest for the correspondingly unique responses it necessarily requires.' Michael Woolcock, World Bank and Harvard University'This erudite, engaging, and elegantly crafted book trespasses disciplinary boundaries to offer rich and unexpected insights for legal and social theorists, scholars of development and international relations, and practitioners of all stripes. It demands reading by those with a critical orientation towards projects of legal change - and re-reading for Desai's eye for vivid social, political, and lived detail.' Shalini Randeria, President and Rector, Central European UniversityTable of Contents1. Introduction; 2. Ignorance and the practice of rule of law reform; 3. Projecting the rule of law; 4. Performing the rule of law; 5. Law and politics of rule of law performances; 6. Historicising rule of law performances; 7. The sociology of rule of law performers; 8. Conclusion

Read more less

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

Read more less

Book SynopsisThis book questions the theoretical premises and practical applications of transparency, showing both the promises and perils of transparency in a methodologically innovative way and in a cross-section of policy instruments. It scrutinizes transparency from three perspectives - methodologically, theoretically, and empirically - both in the specific context of the EU but also in the wider context of modern society in which transparency is embraced as an almost unquestionable virtue. This book examines the ways in which transparency practices can make institutions visible and stands out for its methodological self-reflection: to fully understand the irresistible call for transparency in our governing institutions, we must reflect on our own relationship with it. This book will be of key interest to scholars and students of transparency studies, democratic legitimacy, global governance, governance law, EU studies and law and public policy more widely.Table of Contents1. Introduction: European Government Transparency beyond the Slogans PART 1 2. Transparency as a Critical Research Agenda: Engaging with the EU Institutions on Access to Documents 3. What is the Purpose of Regulation 1049/2001? An Empirical Analysis of Member State Positions 4. Interpretive Approaches in Transparency Studies: Gaining New Perspectives on Old Problems 5. Learning Through Rejection: Studying the Informalisation of EU Readmission Policy with Access to Documents Requests PART 2 6. The Human Face of Legal Transparency? Performance in Action 7. Toward Radical Transparency 8. Escaping the Transparency Trap: In Defense of Playacting 9. Algorithms and the Open Society: New Approaches to Information, Transparency and Accountability 10. Government Transparency: Dispelling the Myth PART 3 11. “Off paper”: The Transparency Dilemma in EU Institutions 12. Transparency as Enabling Citizen-participation: The Quality of Public Information on EU Decision-making Processes 13. Access to documents and the EU agency Frontex: Growing pains or outright obstruction? 14. The Council Presidency, brought to you by Coca-Cola: Transparency about Commercial Sponsoring 15. EU Agencies and Lobbying Transparency Rules: A Case Study on the Islandization of Transparency? 16. "Mediated Transparency": The Digital Services Act and the legitimization of platform power 17. Epilogue: Against transparency. For engaged publics

Read more less

Book SynopsisExploring obstacles to effective compensation of victims of competition infringements, this book categorises the types of victims harmed and the types of losses arisen from these infringements to identify to what extent there is a need for enhanced private competition law enforcement in the European Union (EU) and the best way to address this need. It shows that there is a genuine need for facilitating consumer damages actions and that consumer claims are the only claims that can be pursued in a collective redress action. In order to compensate consumers and overcome barriers to effective enforcement of their right to damages, it structures a collective redress action for consumers by considering the following elements: i. the formation of the group, ii. the type of representative party iii. funding mechanisms and iv. calculation and distribution of damages.Table of ContentsTable of ContentsPreface Acknowledgements List of Abbreviations Table of Cases Table of Legislation CHAPTER 1 INTRODUCTION I. Background *1. Paucity of Actions for Damages for Competition Infringements 2. The Need for Collective Redress in Competition Law Enforcement 3. Reflection on the Term ‘Collective Redress’ II. Issues relating to the Design of a Collective Redress Action 1. Judicial v Non-Judicial Means of Collective Redress 2. Elements of Collective Redress Actions III. Methodology IV. Structure CHAPTER 2 THE NOTION OF AND NEED FOR COLLECTIVE REDRESS ACTIONS I. Introduction II. The Concept and Function of Collective Redress Procedures 1. A Short Summary of Evolution and Policy Rationale 2. The Purpose of the Procedure III. Setting the Scene for EU Collective Redress Actions 1. The Recognition and Exercise of the Right to Damages 2. The Need for Collective Redress Actions for Consumers 2.1. Barriers to the Effective Compensation of Consumers 2.2. Inadequacy of Existing Aggregation Mechanisms 3. The Role of Collective Redress Actions IV. Concluding Remarks CHAPTER 3 COMMISSION INITIATIVES ON COLLECTIVE REDRESS ACTIONS I. Introduction II. Two Distinct Initiatives in Competition and Consumer Law 1. Commission Efforts in Competition Law 1.1. The Green Paper 1.2. The White Paper 1.3. Withdrawn Directive in 2009 *2. Commission Efforts in Consumer Law III. Combining the Two: A Horizontal Approach toward Collective Redress Actions 1. Overview of the Reasons leading to Horizontal Approach 2. The Proposals Under the Horizontal Approach 2.1. Public Consultation 2.2. Recommendation and Communication 3. Impact of the Horizontal Approach on Collective Redress IV. Distinctive Approach toward Collective Redress Actions 1. Potential Shortcomings of the Horizontal Approach 2. The Case for a Distinctive Competition Law Approach V. Concluding Remarks CHAPTER 4 OBJECTIVES OF COLLECTIVE REDRESS ACTIONS IN EU COMPETITION ENFORCEMENT I. Introduction II. Determining the Objectives and Their Significance III. Objectives of Actions for Damages 1. The Approach of the EU Courts 2. The Approach of the Commission IV. Compensation and Deterrence Objectives for Collective Redress Actions 1. The Unique Competition Law Enforcement Goal and its Implications for Collective Redress Actions 2. Objectives of Collective Redress Actions 2.1. The Compensatory Objective 2.2. The Deterrence Objective 3. Collective Redress Actions for Consumers: Do the Objectives Pursued Differ? V. Concluding Remarks CHAPTER 5 CONSUMER DAMAGES CLAIMS IN EU COMPETITION CASES I. Introduction II. Damages Caused by Competition Infringements 1. The Types of Competition Infringements 2. The Types of Harm Resulting from Competition Infringements 3. Potential Damages of Competition Infringements III. The Overcharge as a Measure of Damages in Consumer Cases *1. Overcharge in Collusion Cases 1.1. Practices Giving Rise to Overcharge 1.2. Case Studies 1.2.1. Case Study 1 1.2.2. Case Study 2 2. Overcharge in Abuse of Dominance Cases 2.1. Practices Giving Rise to Overcharge 2.2. Case Studies 2.2.1. Case Study 1 2.2.2. Case Study 2 IV. The Ways in Which Consumers are Harmed 1. Direct Consumers 2. Indirect Consumers 3. Deadweight Loss Consumers 4. Umbrella Consumers V. Concluding Remarks CHAPTER 6 GROUPING COLLECTIVE CLAIMS: OPT-IN v OPT-OUT I. Introduction II. Establishing the Group Membership 1. Opt-In Actions 2. Mandatory Actions 3. Opt-Out Actions 3.1. The Functioning of Opt-Out Actions 3.2. The Role of Notice 3.3. The Compensation Objective and Opt-Out Actions 3.3.1. Participation Rates 3.3.2. Take-Up Rates 4. The Proposed Approach 4.1. Reflections 4.2. Assessing the Criticisms 4.2.1. Overview of the Criticisms 4.2.2. The Merits of the Criticisms III. Grouping the Claims 1. The Ways in Which the Group is Defined 2. Two Necessary Elements of Group Definition 3. Towards an Adequate Group Definition: What Matters? 3.1. The Type of Loss 3.2. The Type of Plaintiff 4. The Proposed Approach: Grouping Consumer Claims IV. Concluding Remarks CHAPTER 7 DESIGNING COLLECTIVE REDRESS ACTIONS: REPRESENTATIVE PARTY AND FUNDING RULES I. Introduction II. Determining the Representative Party 1. Lead Plaintiff 2. Ideological Claimant III. Funding 1. Liability for Costs 2. Possible Options for Funding 3. Contingency Fees as One of the Options 4. The Proposed Approach IV. Concluding Remarks CHAPTER 8 CALCULATION AND DISTRIBUTION OF DAMAGES IN COLLECTIVE ACTIONS FOR CONSUMERS I. Introduction II. Possible Ways of Awarding Damages to a Group 1. Aggregate versus Individual Damages Assessment 2. Aggregate Damages Assessment and the Compensation Objective III. Calculation of Damages to Consumers IV. Allocation of Damages 1. Distribution of Damages to Group Members 2. Possible Alternatives for Undistributed Damages and the Proposed Approach V. Concluding Remarks CHAPTER 9 CONCLUSIONS Bibliography index

Read more less

Book SynopsisEssential Business Law and Practice for SQE1 explains the key principles of business law and practice as required for the Solicitors Qualifying Examination (SQE) Part 1, in a clear, easy-to-follow style.The key principles of law in each topic are introduced together with concise examples of how each principle can be applied, and the book includes a range of supporting features: Commercial awareness talking points reinforce the book's strong focus on commercial awareness throughout Multiple-choice questions: Each section of the book provides multiple-choice questions following the SQE1 question format (with answers to enable you to test your knowledge). Further multiple-choice questions and answers are also provided on the companion website Problem questions: To test understanding and analytical skills applied to practical scenarios. A companion website also provides suggested answers Revision points: Each chapter concludes with a coTable of ContentsIntroduction Part One – Choosing a business form 1. Business organisations Part Two – Private limited companies 2. Formation of the company 3. The constitution of the company 4. Roles in the company 5. Financing the company 6. Shareholders’ decision making 7. Directors’ decision making 8. Directors’ duties 9. Transactions with directors requiring shareholder approval 10. Minority Shareholder Protection Part 3 – Partnerships 11. Ordinary partnerships 12. Limited liability Partnerships Part Four - Business Accounts and Tax 13. Calculating business profits (Rachel Cooper) 14. Income Tax 15. Capital Gains Tax 16. Corporation Tax & Value Added Tax Part Five– Insolvency 17. Corporate Insolvency 18. Personal Insolvency 19. Multiple Choice Questions 20. Multiple Choice Answers 21. Problem Questions

Read more less

Book SynopsisAI in combination with other innovative technologies promises to bring unprecedented opportunities to all aspects of life. These technologies, however, hold great dangers, especially for the manipulation of the human mind, which have given rise to serious ethical concerns. Apart from some sectoral regulatory efforts to address these concerns, no regulatory framework for AI has yet been adopted though in 2021 the European Commission of the EU published a draft Act on Artificial Intelligence and UNESCO followed suit with a Recommendation on the Ethics of Artificial Intelligence.The book contextualises the future regulation of AI, specifically addressing the regulatory challenges relating to the planned prohibition of the use of AI systems that deploy subliminal techniques. The convergence of AI with various related technologies, such as braincomputer interfaces, functional magnetic resonance imaging, robotics and big data, already allows for mind reading or dream hacking throug

Read more less

Book SynopsisMooting offers a comprehensive examination of mooting and advocacy, combining both theoretical and practical aspects. This definitive guide will equip you with a complete grasp of mooting from the initial preparatory stages through to advocacy in the moot itself.The second edition has been comprehensively revised and updated, reflecting changes brought about by the evolving digital landscape, as well as addressing how mooting can benefit SQE (Solicitors Qualifying Examination) students. Changes and updates include new thinking points' throughout the book, end-of-chapter questions to reinforce learning and understanding, a new section on how to read the book, additional material for students participating in International moots, new material on electronic bundles, and an expanded section on lawyers' skills including more on building confidence and countering nerves.Online video footage of an actual moot brings the practical nature of mooting alive and will g

Read more less

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

Read more less

Book SynopsisIllustrates how law shapes the lives of sex workers, street-level police officers and frontline health officials in China. Using ethnography, interviews and surveys to explore how prostitution is regulated, this accessible book is perfect for readers interested in law, the state, society, China, and sex work.

Read more less

Book SynopsisUsually, when we discuss racial injustice, we discuss racism in our public or political life. This means that we often focus on how the state discriminates on the basis of race in its application and enforcement of laws and policies. This book draws on the synergy of political theory and civil rights law to expand the boundary of racial justice and consider the way in which racial discrimination happens outside the governmental or public sphere. ''Private racism'' is about recognizing that racial injustice also occurs in our private lives, including the television and movie industry, cyberspace, our intimate and sexual lives, and the reproductive market. Professor Sonu Bedi argues that private racism is wrong, enlarging the boundary of justice in a way that is also consistent with our Constitution. A more just society is one that seeks to address rather than ignore this less visible form of racism.Trade Review'Anyone interested in racism and the role it has played and continues to play in the lives of people today would find this book fascinating.' Ana Marquez, Communication Booknotes QuarterlyTable of ContentsIntroduction; 1. Enlarging the boundary of racial justice; 2. Casting racism; 3. Digital racism; 4. Sexual racism; 5. Selling segregation; Conclusion: private injustice; Bibliography; Index.

Read more less

Book SynopsisThe US Supreme Court''s legitimacy-its diminishing integrity and contribution to the good of society-is being questioned today like no other time in recent memory. Criticisms reflect the perspectives of both ''insiders'' (straight white males) and ''outsiders'' (mainly people of color, women, and the LGBTQ community). Neither perspective digs deep enough to get at the root of the Court''s legitimacy problem, which is one of process. The Court''s process of decision-making is antiquated and out of sync with a society that looks and thinks nothing like the America of the eighteenth century, when the process was first implemented. The current process marginalizes many Americans who have a right to feel disenfranchised. Leading scholar of jurisprudence Roy L. Brooks demonstrates how the Court can modernize and democratize its deliberative process, to be more inclusive of the values and life experiences of Americans who are not straight white males.Trade Review'Dazzling and original work again by the indefatigable legal scholar Roy Brooks. A stunning achievement!' Joe Faegin, Texas A&M UniversityTable of ContentsPreface; Acknowledgments; Introduction: the framework; Part I. Asians Americans: 1. Matal v. Tam (trademarking racial slurs); 2. Lau v. Nichols (bilingual education); Part II. African Americans: 3. Brown v. Board of Education (single race schools); 4. Griggs v. Duke Power (employment discrimination); 5. District of Columbia v. Heller (the right to keep and bear arms); Part III. Women: 6. Roe v. Wade (reproductive rights); 7. United States v. Virginia (single sex colleges); 8. United States v. Morrison (violence against women); 9. Kulko v. Superior Court (child custody or support); Part IV. Latinx: 10. Hernandez v. Texas (equal protection); 11. San Antonio Indep. Sch. Dist. v. Rodriguez (school financing); 12. Plyler v. Doe (educating undocumented minors); Part V. Native Americans: 13. Adoptive couple v. baby girl (Indian adoption); Part VI. LGBTQ: 14. Obergefell v. Hodges (single-sex marriages); 15. Bostock v. Clayton County (employment discrimination); Part VII. Intersectionality: 16. EEOC v. Catastrophe Mgt. Solutions Co. (Dreadlocks); 17. Kelo v. City of New London (eminent domain); Part VIII. Outsiders v. Outsiders: 18. SFFA v. Harvard (affirmative action); Part IX. White males: 19. McDonald v. Santa Fe Trail Trans. Co. (employment discrimination); 20. City of Atlanta v. Rolfe (law enforcement); Part X. Situational Outsiders: 21. Gideon v. Wainwright (right to counsel); 22. Martin v. City of Boise (the homeless); 23. Citizens United v. FEC (campaign financing); 24. Trump v. Hawaii (Middle East migrants); Index.

Read more less

Book Synopsis

Read more less

Book SynopsisAs the first woman President of the UK Supreme Court, Brenda Hale was one of the UK's most influential judges. This collection celebrates her remarkable career, with thematic chapters from leading academics, judges and lawyers exploring the distinct mark she left on the law and the lives of many.Trade Review'The aim of the book is to provide enjoyment and reflection to students and practitioners who want to 'learn more about the jurisprudence and legal lives of this remarkable woman'. The collection succeeds in this and provides an expert and comprehensive account of how its subject has helped to shape socio-legal history across six decades.' Nick Clapham, The Law Society Gazette'It is thorough and detailed, and readers will come away from the text with a greater appreciation of Hale not only as a legal scholar, but as a woman.' Rachael Blakey, Feminist Legal StudiesTable of ContentsPart I. Introduction: 1. Introduction Rosemary Hunter and Erika Rackley; Part II. Personal Reflections: 2. On the bench with Brenda David Neuberger; 3. Lady Hale – leading from the front: Ensuring equality and inclusivity Gita Mittal; 4. Lady Hale: A personal reflection Susan Glazebrook; 5. Reflections on Lady Hale as an international Judge Beverley McLachlin; Part III. Academic: 6. Women and the law school, 1970s-1980s Celia Wells, Margot Brazier, Lesley Newton, Alison Raeside, Carol Smart, Erika Szyszczak; 7. Justice and welfare: Lady Hale and the Journal of Social Welfare and Family Law (formerly journal of social welfare law) Mavis Maclean; 8. Celebrating Hoggett and Pearl, The family, Law and Society 1983-2009 Daniel Monk; 9. Writing Women and the Law Susan Atkins; Part IV. Law Commissioner: 10. The law reformer: Transforming the way that policy is made at the law commission Linda Mulcahy and Peter G Harris; Part V. Judge: Judicial Leadership: 11. Brenda Hale: Supporting and inspiring women judges Laura Cox; 12. Assessing Lady Hale's impact on the UK's final appeal courts Alan Paterson; 13. The qualities of Lady Hale's legal reasoning Lord Kerr of Tonaghmore; 14. On personhood for everyone: Brenda Hale's jurisprudence and her Institution-building Judith Resnik; 15. Lady Hale and access to justice Hazel Genn and Chris Moss; 16. Lady Hale in the South African courts: An illustration of the many roles of foreign case law in South African jurisprudence Catherine O'Regan; Family Law and Children's Rights: 17. Leading the way: Baroness Hale and the new family law John Eekelaar; 18. Debates on marriage and cohabitation Rebecca Probert; 19. Lady Hale and financial remedies on divorce Alison Diduck; 20. Women and domestic abuse Felicity Kaganas; 21. Public child law Judith Masson; 22. 'Hang on, what about the child in this case?' Lady Hale, champion of children's rights Stephen Gilmore; Human Rights and the State: 23. Orthodox principles and unconventional outcomes in public law David Feldman; 24. Lady Hale: Rights, and righting wrongs, in immigration and nationality Devyani Prabhat; 25. Baroness Hale: The reality and complexity of welfare law Richard Drabble QC; 26. 'A Homemaker as well as a Judge': Lady Hale and judicial home making/unmaking/remaking Helen Carr and Jed Meers; 27. Gender equality and article 14 ECHR: Lady Hale's contribution Sandra Fredman; Private Law and the Individual: 28. Mental health and mental capacity law Victoria Butler-Cole QC; 29. Lady Hale: Relationality, care and medical law Jonathan Herring; 30. Brenda Hale: Understanding discrimination and championing equality Karon Monaghan QC; Part VI. Creative Encounters: 31. Materialising the UK supreme court Jenny Rowe; 32. Picturing Brenda Hale: From painted portraits to moving pictures Leslie J Moran; 33. Lady Justice: Many sides to a story Susanne Baer; 34. Music to honour Lady Hale.

Read more less

Book Synopsis

Read more less

Book SynopsisThe 7th edition of Understanding Equity &Trusts provides a clear, accessible and lively overview of the main themes in this dynamic area of the law. An ideal first point of entry to the subject or revision tool, this book will give you an invaluable grounding in all of the key principles of equity and the law of trusts. If you need help with trusts law, then this is the book for you.This book covers all of the topics that a student reader will encounter in any trusts law or equity course. The text deals with express trusts, resulting and constructive trusts, the duties of trustees, breach of trust and tracing, commercial uses of trusts, charities, equitable remedies and trusts of homes.The law of trusts is built on simple basic principles. The approach of this book is to lay foundations with an explanation of those principles before building towards the more complex issues which are the focus of examinations in this subject. The lively text includes a large numbTable of Contents1. The Principles of Equity; 2. The Nature of the Trust; 3. The Settlor: Certainties and Formalities; 4. The Beneficiary’s Rights; 5. The Trustee’s Duties; 6. Resulting Trusts; 7. Constructive Trusts; 8. Equitable Estoppel; 9. Trusts of Land and of the Home; 10. Breach of Trust, Strangers and Tracing; 11. Quistclose Trusts and Commercial Trusts; 12. Charities; 13. Injunctions and other Equitable Remedies; 14. Themes in Equity

Read more less

Book SynopsisRoutledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in an exam situation. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and fully worked model answers that help you to: Plan your revision: introducing how best to approach revision in each subject Know what examiners are looking for: identifying and explaining the main elements of each question to help you understand the best approach providing marker annotation to show how examiners will read your answer Gain marks, and avoid common errors: identifying common pitfalls students encounter in class and in assessment providing revision advice to helpTable of Contents1. Offer and Acceptance 2. Intention and Consideration 3. Privity 4. Contents of the Contract 5. Exclusion Clauses 6. Mistake and Misrepresentation 7. Duress and Undue Influence 8. Illegality 9. Frustration 10. Performance and Breach 11. Remedies

Read more less