Law

Do animals have legal rights? This pioneering book tells readers everything they need to know about animal rights law. Using straightforward examples from over 30 legal systems from both the civil and common law traditions, and based on popular courses run by the authors at the Cambridge Centre for Animal Rights, the book takes the reader from the earliest anti-cruelty laws to modern animal welfare laws, to recent attempts to grant basic rights and personhood to animals. To help readers understand this legal evolution, it explains the ethics, legal theory, and social issues behind animal rights and connected topics such as property, subjecthood, dignity, and human rights. The book’s companion website (bloomsbury.pub/animal-rights-law) provides access to briefs on the latest developments in this fast-changing area, and gives readers the tools to investigate their own legal systems with a list of key references to the latest cases, legislation, and jurisdiction-specific bibliographic references. Rich in exercises and study aids, this easy-to-use introduction is a prime resource for students from all disciplines and for anyone else who wants to understand how animals are protected by the law.

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This Research Handbook offers a comprehensive and state-of-the-art collection on the competition law (antitrust) prohibition of abuse of a dominant position and monopolization. It draws from the long and influential traditions of leading jurisdictions such as the European Union and the United States to analyse applicable rules and policy in these jurisdictions. It also takes a comparative approach to identify common threads and differences.Bringing together contributions from authoritative legal and economic experts, it provides an in-depth analysis of foundational legal and economic principles which guide the Research Handbook’s exploration of the concept and prohibition of abuse of a dominant position. With comprehensive breadth, an interdisciplinary approach, and trans-Atlantic coverage, this Research Handbook covers various important topics including market definition and market power, different types of abuse, enforcement, cross-cutting issues such as mandated neutrality, big data and the interface of competition and regulation.The blend of theoretical study and practical advice on the topic will make this a vital resource for scholars and advanced students wanting a rounded appreciation of this area of the law, whilst practitioners, competition officials, and policymakers will also find this a beneficial companion.

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Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives.Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior.Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.

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This comprehensive book offers a thoughtful survey of theories, issues and cases in order to reassess the present vision of contract law. Comparative refers both to the specific kind of methodologies implied and to the polyphonic perspectives collected on the main topics, with the aim of superseding the conventional forms of representation. In this perspective, the work engages a critical search for the fault lines, which crosses traditions of thought and globalized landscapes. Notwithstanding contract's enduring presence and the technicalities devoted to managing clauses and interpretation, the inquiry on the proper nature of contract and its status and collocation within private legal taxonomies continues to be a controversial exercise. Moving from a vast array of dissimilar inclinations, which have historically produced heterogeneous maps of law, this book is built around the genealogies of contractual theoretical thinking; the contentious relationship between private governance and normative regulations; the competing styles used to stage contract law; the concurring opinions expressed within the domain of other disciplines, such as literature and political theory; the tensions between global context and local frames; and the movable thresholds between canonical expressions and heterodox constructions. For its careful analysis and the wide range of references employed, Comparative Contract Law will be a tremendous resource for academics, legal scholars and interdisciplinary experts as well as judges and law practitioners.Contributors include: G. Bellantuono, B.H. Bix, D. Carpi, C.L. Cordasco, C. Costantini, S. Fiorato, J. Gordley, M. Granieri, A. Hutchison, M.R. Marella, G. Marini, P.G. Monateri, F. Monceri, P. Moreno Cruz, H. Muir Watt, F. Parisi, P. Pardolesi, G. Samuel

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'A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws.'- A.J. Brown, Griffith University and Transparency International Australia'Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years.'- Richard Moberly, University of Nebraska College of LawDrawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures.The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century.This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.Contents: Preface 1. Successes and Failures 2. Question Authority 3. Nonviolence and Civil Disobedience 4. Whistleblower Stories and Emerging Narratives 5. Watergate and Whistleblower Protection 6. The Civil Service Reform Act and Whistleblower Protection 7. Retrospective and Forecast 8. Incentives 9. Private-sector Laws 10. Institutional Failure 11. Interpretation 12. National Security 13. Global Whistleblower Laws 14. Civil Society 15. Perspectives 16. Old Issues - New Controversies Index

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Presents a beautiful vision of how we could change our structures and order to give us a new role on Earth - one that will protect the natural world, rather than destroy it. We are rapidly destroying our only habitat, Earth. It is becoming clear that many of the treaties, laws and policies concluded in recent years have failed to slow down, let alone halt or reverse, this process. The concept of introducing a wild law has been seminal in informing and inspiring the global movement to recognise rights for Nature – a movement destined to shape the twenty-first century as significantly as the human rights movements shaped the twentieth century. Written by environmental attorney, Cormac Cullinan, Wild Law outlines an Earth-centred approach to re-ordering human societies (Earth jurisprudence). It is a manifest on how we can conserve biological and cultural diversity, animal rights and welfare, and green spirituality by rediscovering a role for our species within the Earth community. After all, we have no future without our wonderful planet. Fusing together politics, legal theory, quantum physics and ancient wisdom into a fascinating and hopeful story, Wild Law reveals how the governance systems of today legitimise and promote the disastrous exploitation and destruction of Earth. Cormac explains how to begin transforming our systems to ensure that the pursuit of human well-being enhances the beauty, health and diversity of Earth instead of diminishing it. Wild Law is an inspiring and stimulating book for anyone who cares about Earth and is concerned about the direction in which the human species is moving.

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How do you go about drafting an Act of Parliament? In this classic text, Lord Thing, the great Victorian Parliamentary Counsel, sets out the basic rules of the art and craft of creating legislation. Operating in a field where there are no concrete rules, Thring saw the need to formulate general rules of guidance for those inexperienced in the art of legislative drafting and published his work following his appointment as First Parliamentary Counsel. Much of what he says remains relevant now and so, this new edition presents it to a modern readership.

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The second edition of this acclaimed and widely-used book has been thoroughly updated in light of, among others, the revised Rules of Procedure of the Boards of Appeal, which entered into force in January 2020. It provides the first detailed understanding of these new rules and their influence on opposition and appeal proceedings. This second edition gives valuable guidance on how to: draft and prosecute patent applications to avoid problems later on in opposition and appeal properly attack or defend a patent react if the patent is amended argue in case of late filings act in oral proceedings. Dealing with all stages of proceedings before the EPO, this book provides fresh insight into how best to act at each stage to successfully complete a case in opposition and appeal, detailing how opposition divisions and boards of appeal approach the cases before them. Experienced practitioners will find that the detailed case law citation adds depth to their knowledge. The 'practical advice' sections and 'example cases' provide patent lawyers and attorneys with invaluable guidance on specific procedural and substantive questions.

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Provides a clear and comprehensive guide to the 2017 FIDIC contracts—written by a member of the FIDIC Updates Task Group FIDIC contracts are the most widely used engineering standard form contracts internationally but until 2017 the three main forms (the Red, Yellow and Silver Books) had not been amended or updated for nearly two decades, since the first editions were published in 1999. Written by a specialist lawyer who was member of the FIDIC Updates Task Group responsible for writing the new contracts, this book examines in detail the many substantial changes they have introduced. After providing an overview the contracts are examined clause by clause with the aim of showing how each compares and contrasts with the others and how the second editions compare and contrast with the first. The first chapter describes how the Red, Yellow and Silver Books evolved from earlier contract forms and the distinctive characteristics of each, before providing an overview of the updates, including new potential risks for both Employer and Contractor, and then examining, in the second chapter, key general provisions such as the new rules on notices and limitation of liability. Chapter 3 examines the enhanced role of the Engineer in the Red and Yellow Books/Employer’s Representative’s function in the Silver including the new procedure for determinations as well as the Employer’s obligations and contract administration. The Contractor’s obligations are considered in chapter 4 while chapter 5 examines his responsibility for design in the Yellow and Silver Books. Chapters 6 to 14 deal respectively with plant, materials and workmanship and staff and labour; time-related provisions in the three contracts including extensions of time, and the Employer’s right to suspend the works; testing on and after completion and the Employer’s taking over of the works; defects after taking over, acceptance of the works and unfulfilled obligations; measurement (in the Red Book), the Contract Price and payment; the new variations regime and adjustments to the Price; termination and suspension; care of the works and indemnities and Exceptional Events (previously, Force Majeure). An important feature of the new contracts is their increased emphasis on clarity in the claims process and on dispute avoidance. These topics are examined in the final two chapters, 15 and 16, which deal respectively with the new claims and dispute resolution provisions of the 2017 forms. FIDIC contracts are the most widely used standard forms of contract for international engineering and construction projects Provides a clear and comprehensive guide to the 2017 FIDIC Red, Yellow and Silver Books Written by a senior specialist lawyer and member of the FIDIC 2017 Updates Task Group responsible for writing the new contracts Accessible to those with little or no familiarity with FIDIC contracts The 2017 FIDIC Contracts is an important guide for anyone engaged in international projects, including employers, contractors, engineers, lawyers, suppliers and project financiers/sponsors.

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Over the past 40 years, countries throughout the world have similarly adopted human rights related to environmental governance and protection in national constitutions. Interestingly, these countries vary widely in terms of geography, politics, history, resources, and wealth. This raises the question: why do some countries have constitutional environmental rights while others do not? Bringing together theory from law, political science, and sociology, a global statistical analysis, and a comparative study of constitutional design in South Asia, Gellers presents a comprehensive response to this important question. Moving beyond normative debates and anecdotal developments in case law, as well as efforts to describe and categorize such rights around the world, this book provides a systematic analysis of the expansion of environmental rights using social science methods and theory. The resulting theoretical framework and empirical evidence offer new insights into how domestic and international factors interact during the constitution drafting process to produce new law that is both locally relevant and globally resonant. Scholars, practitioners, and students of law, political science, and sociology interested in understanding how institutions cope with complex problems like environmental degradation and human rights violations will find this book to be essential reading.

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This special report is a practical, experience-based guide to personal development at every stage of a lawyer’s career. The author draws on over 30 years as an international commercial lawyer and senior partner in a Magic Circle firm to offer a roadmap for moving from a “What’s expected of me?” mindset to self-leadership and leadership of others. The report’s main theme is that retaking autonomy and control can transform engagement and fulfilment in a legal career. Topics covered include career planning, confidence, fulfilment, wellbeing and work-life balance, building an internal support network and “trusted adviser” client relationships, communication and feedback, project management, commerciality and understanding value from the client’s perspective. It also contains a section on pre-retirement planning. The special report is above all practical and contains a wealth of tools and templates developed by the author for career planning, self appraisal and project management.

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What is professional negligence? What are the obligations of construction professionals in contract and in tort? In what circumstances might the difference between the obligations be important? These questions are of crucial importance not only to construction lawyers but also to contractors, architects, quantity surveyors, engineers, project managers, and multi-disciplinary practitioners. With an emphasis on the practical aspects of professional negligence in the construction industry and written in a straightforward yet authoritative way, this book is ideal for lawyers and students of construction and law as well as construction professionals at all levels.

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Newburn’s Criminology has established itself as the market leading textbook in the subject for the UK market. Affectionately known by students and instructor as ‘the Criminology Bible’ (for its size as well as its reputation); it is an accessible and engaging ‘one-stop-shop’ for a Criminology degree, covering everything topic you will study over three years. Criminology is a flexible resource. It can be used as an introductory text for Criminology, as well as related courses on criminal justice, criminological theory, crime and society, understanding crime and punishment and criminological research methods. Criminology boasts and attractive and now recognizable text design, that sets it apart from its competitors. Review questions guide the student through the book (and are even answered in the website resources) and end-of-chapter exam questions and lists of further reading encourage further study and critical thinking. The textbook is clearly signposted throughout and includes chapter summaries and clear references between chapters.

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For more than century before World War II, traders, merchants, financiers, and laborers steadily moved between places on the Indian Ocean, trading goods, supplying credit, and seeking work. This all changed with the war and as India, Burma, Ceylon, and Malaya wrested independence from the British empire. Set against the tumult of the postwar period, Boats in a Storm centers on the legal struggles of migrants to retain their traditional rhythms and patterns of life, illustrating how they experienced citizenship and decolonization. Even as nascent citizenship regimes and divergent political trajectories of decolonization papered over migrations between South and Southeast Asia, migrants continued to recount cross-border histories in encounters with the law. These accounts, often obscured by national and international political developments, unsettle the notion that static national identities and loyalties had emerged, fully formed and unblemished by migrant pasts, in the aftermath of empires. Drawing on archival materials from India, Sri Lanka, Myanmar, London, and Singapore, Kalyani Ramnath narrates how former migrants battled legal requirements to revive prewar circulations of credit, capital, and labor, in a postwar context of rising ethno-nationalisms that accused migrants of stealing jobs and hoarding land. Ultimately, Ramnath shows how decolonization was marked not only by shipwrecked empires and nation-states assembled and ordered from the debris of imperial collapse, but also by these forgotten stories of wartime displacements, their unintended consequences, and long afterlives.

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Blackstone's Police Operational Handbook 2023 is the only book specifically designed for police officers while out on patrol. Covering a wide range of common offences, it clearly explains and interprets the relevant legislation, providing offence definitions, points to prove, and practical considerations. At a glance, you can access everything you need to make a quick, informed decision in a host of everyday policing situations. The sixteenth edition of this highly regarded and successful Handbook is fully updated to include all recent legislative developments and further changes to the law. Whatever your role - police patrol officer, supervisor, student police officer, PCSO, or Special Constable - this is an invaluable tool for operational personnel.

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Foster an environment of love and healing within schoolsIn this groundbreaking book, educator, poet, and activist Dr. Crystal Belle challenges traditional educational practices and offers a new approach to teaching rooted in radical love and social justice. Combining research with personal experiences and interviews, Dr. Belle explores the roots and practical application of a social justice education framework grounded in Critical Race Theory (CRT), heart healing, educator beliefs, and a deep understanding of the structural inequities in education. Features of the book include: Personal narratives and  portraiture that highlight the complex human aspects of education Sample social justice lesson planning templates and a social justice oriented curricular map Pedagogical activities that encourage critical thinking and more inclusive classrooms Radical love notes, objectives, reflection prompts, a

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Blackstone''s Police Investigators'' Manual and Workbook 2024 are comprehensive study and reference guides for the National Investigators'' Exam (NIE), which is taken as part of Phase 1 of the Initial Crime Investigators'' Development Programme. It is the most comprehensive and effective package for studying for the NIE, providing the complete 2024 syllabus, and practical exercises and multiple-choice questions to test your knowledge.Based on the bestselling Blackstone''s Police Manuals, Blackstone''s Police Investigators'' Manual 2024 provides all the legal information which is relevant to your role as a trainee investigator and is applicable to all NIE exams taken in 2024. Covering all key legislation in the areas of General Principles, Police Powers and Procedures; Serious Crime and Other Offences; Property Offences; and Sexual Offences, it also features the relevant PACE Codes of Practice, with chapters incorporating the relevant Code with Keynotes offering practical advice and exa

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Examine the practical structure and function of today's legal system from the perspective of the professional business practitioner with Meiners/Ringleb/Edwards' popular THE LEGAL ENVIRONMENT OF BUSINESS, 14E. This edition highlights law and regulatory areas of the legal environment that are most relevant and important in business today. This edition's traditional case focus is updated with almost 40% new cases to reflect today's legal changes. Court cases summarize background facts and present case decisions in the words of the courts, but the authors have carefully edited cases to focus only on key issues relevant to understanding the legal reasoning. You examine a range of legal topics with business-specific examples and meaningful cases that direct attention to key points of law. Infuse digital resources are also available to strengthen your comprehension of legal issues in business today.

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THE TOP TEN SUNDAY TIMES BESTSELLER'A powerful polemic' Sunday Times'A compelling, eye-opening read' Daily Express– Did an illegal immigrant avoid deportation because he had a cat?– Is the law on the side of the burglar who enters your home? – Are unelected judges ‘enemies of the people’? Most of us think the law is only relevant to criminals, if we even think of it at all. But the law touches every area of our lives: from intimate family matters to the biggest issues in our society. Our unfamiliarity is dangerous because it makes us vulnerable to media spin, political lies and the kind of misinformation that frequently comes from loud-mouthed amateurs and those with vested interests. This 'fake law' allows the powerful and the ignorant to corrupt justice without our knowledge – worse, we risk letting them make us complicit. Thankfully, the Secret Barrister is back to reveal the stupidity, malice and incompetence behind many of the biggest legal stories of recent years. In Fake Law, the Secret Barrister debunks the lies and builds a defence against the abuse of our law, our rights and our democracy that is as entertaining as it is vital.

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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation.Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water.Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Law will be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes.

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Technology underpins everything we do, and the contracts which underpin the delivery of technology-related services are important from both an economic and social perspective. Negotiating technology-related contracts can, however, be challenging: for the uninitiated or uninformed, the significance of the points under discussion may be unclear, confusing and often at odds with the outcomes one might expect in more traditional ‘bricks and mortar’-style contracts. To avoid unnecessarily protracted negotiations, it is essential to have a clear understanding of: (i) what each part of a technology-related contract is designed to deal with; (ii) what the customer and service provider seek to protect; and (iii) what solutions or compromises are available. This second edition provides a practical, commercial guide to negotiations without a heavy focus on ‘black letter law’, and seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect – and why – while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper’s unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting for customers and service providers in this space over many years and in many jurisdictions. Chapters cover the common negotiating ‘battlefields’, from service descriptions and service levels through to warranties, indemnities, liability provisions and termination rights. The authors also examine issues associated with particular technology-related engagements, such as those based on agile methodologies, those involving the use of AI-based solutions, or those operating within heavily regulated sectors. This edition will be of interest to anyone involved in technology-related contracts, whether acting for the buy side or sell side, and whether working within law firms or legal departments or more general commercial functions who have a need to understand the way in which such contracts work.

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International Aviation Law: A Practical Guide explains the international context and application of the law as it applies to commercial and recreational aviation, and to the broader aviation environment. It provides a comprehensive introduction to all aspects of aviation law, from criminal law to contract law, to the legal duties and responsibility of aircrew and other aviation personnel including airport operators, air traffic controllers and aircraft engineers. Each area of the law is clearly explained in accessible language and supported with practical case studies to illustrate the application of the law within an operational aviation context. It also provides advice on how to avoid or minimize legal liability for those working in the aviation industry.Thoroughly revised and updated throughout, this second edition adds new material on subjects such as unmanned aircraft systems, ASEAN’s Single Aviation Market, common rules on compensation and assistance to passengers, and a discussion on the impact of Brexit to the UK’s aviation market and legal status.

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This exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.

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The Principles of Equity & Trusts offers a refreshing, student-focused approach to a dynamic area of law. In the fifth edition of his best-selling textbook, Professor Graham Virgo brings his expertise as a teacher to deliver an engaging, contextual account of the essential principles of trusts and their equitable remedies. Virgo states the law in plain terms before building on an area of debate and encouraging students to fully engage with the inherent issues within the subject. Concise and authoritative analysis enables students to grasp the principles of trusts, develop the confidence to engage fully with the subject area, and excel in their studies. Virgo approaches the topics with unparalleled clarity and provides the academic rigour for which this text has come to be relied upon. Combining expert knowledge and comprehensive coverage, this is the ideal companion to a course in trusts. Digital formats and resources The fifth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with self-assessment activities, multi-media content including author videos, web links to key cases, functionality tools, navigation features and links that offer extra learning support: http://www.oxfordtextbooks.co.uk/ebooks · The online resources includes self-test and scenario questions with feedback, videos from the author, and web links to key cases

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments.Key features include: a literary approach to viewing law exploration of the visual culture of the law engagement with the affective and performative practices of jurisliterature analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective. This Advanced Introduction will be a useful and concise guide for scholars and students of law and literature. It will also be beneficial for students and teachers of courses on jurisprudence, law and the humanities and socio-legal studies.

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Company Law Concentrate is written and designed to help you succeed. Accurate and reliable, Concentrate guides help consolidate your learning, focus your revision, and maximise your exam performance. Each guide includes revision tips, advice on how to achieve extra marks, and a thorough and focused breakdown of the key topics and cases. Key features: · Learn how to improve your performance in assessments - how to focus your revision, how to answer the question, and how to pick up extra marks · Written by experts and covering all the key topics so you can use alongside your textbook to consolidate notes and understanding, as well as approach your exams with confidence · Clear, concise, and easy-to-use, helping you get the most out of your revision · Full of learning features and tips to show you how best to impress your examiner · A wide array of accompanying online resources, including self-test questions, interactive key cases, and advice on revision and exam technique · Also available as an e-book with functionality and navigation features, as well as links that offer extra learning support Revision guides you can rely on: trusted by lecturers, loved by students... "The Concentrate books are my favourite revision guides as the quality of the information is always more comprehensive than others." Carly Hatchard, law student, University of Bolton "I am hugely impressed by this little textbook on the substance: it does a better and clearer job at explaining key issues than many of the core texts." Dr Eleni Frantziou, Associate Professor in Public Law & Human Rights, Durham University Digital Formats and Resources The 7th edition is available for students and institutions to purchase in a variety of formats, and is supported by extensive online resources to take your learning further. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources include: - advice on revision and exam technique from experienced examiner Nigel Foster; - a diagnostic test to help you pinpoint areas to focus your revision on; - interactive glossary and key cases to help you revise key terminology, facts, and principles; - multiple choice questions to test your knowledge; and - outline answers to questions in the book; - the author's accompanying Twitter feed (@UKCompanyLaw) to keep you updated.

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Withholding taxes have become a significant element of the system of international taxation in the wake of globalization and increased cross-border transactions. Deducting taxes at source has become a key tool for countries to ensure that individuals and entities do not escape their tax liabilities. This new work presents a comprehensive overview of the general mechanisms by which taxation is withheld in Europe and explores their practical implications.Florian Haase expertly navigates the complexities of international tax law and provides a rigorous examination of the challenges currently facing this area of legislation, including tax evasion and avoidance, double taxation, and tax treaties. Chapters cover key topics including the efforts towards harmonization and simplification, the impact of the digital economy, and the aim for tax transparency and base erosion prevention. Finally, the work covers the future of withholding taxes and the discussions and negotiations required to achieve consensus on common rules and practices.Key Features: Country-by-country analysis of relevant rules Comprehensive legislative and case law analysis Interaction between withholding taxes and EU law Thorough treatment of key substantive issues facing international tax law Detailed coverage of the technical and procedural aspects of withholding taxes This timely book will be an essential reference work for tax lawyers and practitioners and for scholars, researchers and students interested in tax law, European law and fiscal policy.

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Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.This thoroughly updated second edition of Advanced Introduction to European Union Law provides an essential overview of the diverse fields of EU law and their relevant politics. In precise but accessible language, Jacques Ziller analyses the latest developments in EU law following Brexit, the Covid-19 pandemic, and the Russia-Ukraine war, focusing on the main fields of action for the EU: the internal market, area of freedom, security and justice, and external action.Key Features: Citations of critical legal texts to aid clarity for readers Insights on the EU’s founding treaties and how they have developed over time Analysis of the interactions and relations between the EU and its member states Discussion of both the legal and political aspects of the EU’s policies and institutions Providing an engaging entry point into the study of EU law, this Advanced Introduction will prove invaluable for students and academics in law, political science, and economics. It will also be an important resource for officials within the EU and its member states seeking a deeper understanding of the EU’s many laws and policies.

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Anti-Money Laundering Regulation and Compliance: Key Problems and Practice Areas is a comprehensive treatment of the anti-money laundering/combatting the financing of terrorism (AML/CFT) and sanctions compliance programs, recordkeeping and reporting requirements, and the best practices under the Bank Secrecy Act (BSA) and sanctions regulatory regimes. AML/CFT and sanctions provisions are highly interrelated. Onboarding and customer due diligence requirements generate the data entered into transaction monitoring and screening systems.This book is unique in placing the prescriptive and program elements within the 'risk-based approach'that is foundational to AML/CFT compliance and the related risk management systems. Relatedly, the book describes corporate governance best practices and the 'three lines of defense' model that hold management accountable for exposure to money laundering and terrorist financing risks created by their business strategies. The book includes practical guidance on AML/CFT and sanctions model risk management, reflecting firms' growing reliance on machine learning and AI compliance solutions and the compliance risk of firms that adhere to Federal Reserve model risk management expectations. Also unique in the literature, it identifies a 'compliance paradox' that arises from the sharp tension between firms' modes of generating revenue and the law enforcement focus of AML/CFT and sanctions regulation and explains how this tension can compromise compliance.Anti-Money Laundering Regulation and Compliance also serves as a go-to guide for practitioners and beginners in the field or as a required text in graduate, certificate, and law school programs.

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Newly revised and updated, The Law of Armed Conflict, introduces students to the law of war in an age of terrorism. What law of armed conflict (LOAC) or its civilian counterpart, international humanitarian law (IHL), applies in a particular armed conflict? Are terrorists bound by that law? What constitutes a war crime? What (or who) is a lawful target and how are targeting decisions made? What are 'rules of engagement' and who formulates them? How can an autonomous weapon system be bound by the law of armed conflict? Why were the Guantánamo military commissions a failure? Featuring new chapters, this book takes students through these topics and more, employing real-world examples and legal opinions from the US and abroad. From Nuremberg to 9/11, from courts-martial to the US Supreme Court, from the nineteenth century to the twenty-first, the law of war is explained, interpreted, and applied with clarity and depth.

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From the Nuremberg trials to the arrest of General Pinochet to the prosecution of barbarians of the Balkans, we have crafted a global human rights law to punish crimes against humanity. And yet today it is rarely applied: the International Criminal Court has faltered, populist governments refuse to cooperate, the UN Security Council is pole-axed and liberal democracy is on the defensive. When faced with the torture of Sergei Magnitsky, the murder of Jamal Khashoggi and the repression of the Uighurs, what recourse do we have? Distinguished human rights lawyer Geoffrey Robertson argues that our most powerful weapon is Magnitsky laws, by which not only perpetrators but their accomplices - lickspittle judges, doctors who assist in torture, corporations that profit from slave labour - are named, shamed and blamed. Though the UK and the EU have passed nascent Magnitsky laws, they are not deploying them effectively. It is only by developing a full-blooded system of coordinated sanctions - banning human rights violators from entering democratic countries to funnel their ill-gotten gains through Western banks and take advantage of our schools and hospitals - that we can fight back against cruelty and corruption. Bad People sets out a Plan B for human rights, offering a new blueprint for global justice in a post-pandemic world.

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Built on a foundation on property law, lead author, Marissa Pagnattaro from University of Georgia, and the entire authorship team, bring a fresh perspective emphasizing the importance of understanding laws and regulations that are fundamental foundations for business in The Legal and Regulatory Environment of Business. Using court cases and engaging examples in the Sidebars of the text that are relevant for business, the authors underscore how learning about the law is essential to understand how the law can be used for strategic advantage and how to develop sustainable business practices. This emphasis, along with the rich array of cases and examples, makes the text suited for both legal environment and business law courses.

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Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought. The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation. This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.

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Cloud computing continues to expand dramatically and the 'as a Service' model is now both mainstream and ubiquitous. Cloud now encompasses everything from the remote provision of essential computer processing and storage resources, through to delivery of complex business and government services, logistics, healthcare, education, and entertainment. The Covid-19 pandemic provided a striking demonstration of cloud computing's global scalability and resilience, as billions of workers and students switched in a matter of weeks to working and studying 'from home'. This book delivers an accessible analysis of the key legal and regulatory issues that surround cloud computing. Topics covered include contracts for cloud services, information ownership and licensing, privacy and data protection, standards and competition law, law enforcement access to data, and international tax models for cloud and other digital services. The book is organised in four parts. Part I explains what cloud computing is, why it matters, and what non-technical readers need to know about how it works. Part II includes a detailed review of standard contracts for 40 cloud services and highlights key legal and commercial issues that arise in negotiated transactions for cloud services. Ownership of, and access to, 'digital assets' are also explored. Part III focusses on the application of data protection and cybersecurity rules, including an in-depth assessment of the impact of the EU's General Data Protection Regulation (GDPR) on providers and users of cloud services. Finally, Part IV addresses governance issues relating to public sector use of cloud, access to cloud data by law enforcement authorities, competition rules and standards, and the disruption to global taxation models caused by the rapid shift to cloud services.

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Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.

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This insightful book provides readers with a practical and theoretical explanation of the ways in which the new, tailor-made Innovation Partnership Procedure can be used throughout all Member States in the European Union. Pedro Cerqueira Gomes argues that innovation is a crucial policy of the EU that must be extended to public procurement.With a focus on the Procurement Directive for the public sector (Directive 2014/24/EU), the author explores the ways in which this new EU legislative framework has succeeded in transforming this legal subject into a driver of innovation. The author explains and analyses in detail the fundamental characteristics of the Innovation Partnership Procedure, while also investigating whether the EU will be capable of increasing the levels of innovation procurement in public sectors of all Member States. Issues and elements of the procedure that can be viewed as challenges of the EU harmonisation process are also considered throughout.Thought-provoking and thorough, EU Public Procurement and Innovation will be a key resource for practitioners, lawyers and consultants in all Member States looking to better understand how to use the Innovation Partnership Procedure within the EU law and legal framework.

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Named a Best Book of the Year' by Kirkus ReviewsUrgent and eye-opening, the book serves as a loud-and-clear alarm.' The Boston GlobeFrom an MIT scientist, mounting evidence that the active ingredient in the world's most commonly used weedkiller is contributing to skyrocketing rates of chronic disease.Glyphosate is the active ingredient in Roundup, the most commonly used weedkiller in the world. Over 300 million pounds of glyphosate-based herbicide are sprayed on farms and food every year.Agrochemical companies claim that glyphosate is safe for humans, animals and the environment. But emerging scientific research on glyphosate's deadly disruption of the gut microbiome, its crippling effect on protein synthesis and its impact on the body's ability to use and transport sulfur not to mention several landmark legal cases tells a very different story.In Toxic Legacy, senio

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Counterfeit Goods and Organised Crime is an in-depth inquiry into the fake goods trade and the involvement of organised crime groups. In this seminal work, Michael Blakeney comprehensively analyses the impact of counterfeiting on the principal industries affected by it. It looks at international, national and regional counterfeit legislation, organised crime groups and counterfeiting customs control.Through an interdisciplinary analysis, Professor Blakeney assesses the size of the counterfeit goods trade, its drivers, and its impact on commerce, public order and health. The book includes a broad range of case studies focusing on the areas most affected by the counterfeit trade: medicines and pharmaceuticals; food, wines and spirits; luxury goods; vehicle and aircraft parts; and herbicides, fertilisers and pesticides. As counterfeiting is driven by the search for profits, Professor Blakeney argues for disincentivising organised crime groups via the legal confiscation of the proceeds of crime.This innovative book’s examination of the trade in international counterfeit products will interest scholars, practitioners and policy-makers in the fields of trademark law, customs and trade law, and crime and corruption studies. It will also be invaluable for regulators and compliance personnel, legal practitioners and industry representatives.

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An original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.

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The fourth edition of this acclaimed textbook addresses the developments in English contract law since the last edition, including the impact of the withdrawal of the UK from the European Union, and new case law on the role of good faith, the doctrine of consideration, rectification of written contracts for mistake, economic duress, illegality, contractual interpretation, and damages for breach of contract. The book introduces the lawyer trained in a civil law jurisdiction to the method of reasoning in the common law, and in particular to the English law of contract. It is written for the lawyer – whether student or practitioner – from another jurisdiction who already has an understanding of a (different) law of contract, but who wishes to discover the way in which an English lawyer views a contract. However, it is also useful for the English law student: setting English contract law generally in the context of other European and international approaches, the book forms an introductory text, not only demonstrating how English contract law works but also giving a glimpse of different ways of thinking about some of the fundamental rules of contract law from a civil law perspective. After a general introduction to the common law system – how a common lawyer reasons and finds the law – the book explains the principles of the law of contract in English law covering all the aspects of a contract from its formation to the remedies available for breach, whilst directing attention in particular to those areas where the approach of English law is in marked contrast to that taken in many civil law systems.

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Reboots the debate on 'code as law' to present a new cross-disciplinary direction that sheds light on the fundamental issue of software legitimacy Reinvigorates the debate at the intersection of legal theory, philosophy of technology, STS and design practice Synthesises theories of legitimate legal rulemaking with practical knowledge of code production tools and practice Proposes a set of affordances that can legitimise code in line with an ecological view of legality Draws on contemporary technologies as case studies, examining blockchain applications and the Internet of Things Laurence Diver combines insight from legal theory, philosophy of technology and programming practice to develop a new theoretical and practical approach to the design of legitimate software. The book critically engages with the rule(s) of code, arguing that, like laws, these should exhibit certain formal characteristics if they are to be acceptable in a democracy. The resulting digisprudential affordances translate ideas of legitimacy from legal philosophy into the world of code design, to be realised through the 'constitutional' role played by programming languages, integrated development environments (IDEs), and agile development practice. The text interweaves theory and practice throughout, including many insights into real-world technologies, as well as case studies on blockchain applications and the Internet of Things (IoT). Whenever you use a smartphone, website, or IoT device, your behaviour is determined to a great extent by a designer. Their software code defines from the outset what is possible, with very little scope to interpret the meaning of those 'rules' or to contest them. How can this kind of control be acceptable in a democracy? If we expect legislators to respect values of legitimacy when they create the legal rules that govern our lives, shouldn't we expect the same from the designers whose code has a much more direct rule over us?

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'The kind of book that has you screaming "Yes! Yes! Yes! Now I get it!" on almost every page' Caitlin Moran'Dr Taylor sets out a compelling case . . . gives voice and agency to women who have experienced trauma and violence' Morning StarShe asked for it. She was flirting. She was drinking. She was wearing a revealing dress. She was too confident. She walked home alone. She stayed in that relationship. She was naïve. She didn't report soon enough. She didn't fight back. She wanted it. She lied about it. She comes from a bad area. She was vulnerable. She should have known. She should have seen it coming. She should have protected herself.The victim blaming of women is prevalent and normalised in society both in the UK, and around the world.What is it that causes us to blame women who have been abused, raped, trafficked, assaulted or harassed by men? Why are we uncomfortable with placing all of the blame on the perpetrators for their crimes against women and girls?Based on three years of doctoral research and ten years of practice with women and girls, Dr Jessica Taylor explores the many reasons we blame women for male violence committed against them. Written in her unique style and backed up by decades of evidence, this book exposes the powerful forces in society and individual psychology which compel us to blame women subjected to male violence.

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Without 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.

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