Law Books

Book SynopsisHow do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).Trade ReviewA compelling and original contribution to the socio-legal literature on access to justice … the first such study of access to justice relating to the European energy market … It should appeal to any scholar – experienced academic or student … [and] of great value to those working in or on energy poverty because it makes a powerful and well-informed case for reform and ensuring that systems of ADR feel accessible to those who need them. The current energy crisis highlights the need for such reform. -- Daniel Newman, Cardiff University * Journal of Law and Society *Table of ContentsIntroduction I. Introduction II. An Orientation to Key Concepts III. Contribution to Socio-Legal Scholarship IV. Outline of the Book’s Content and Argument V. A Note on Case Study Selection and Methodology VI. The Structure of this Book PART I ACCESS TO JUSTICE FOR VULNERABLE AND ENERGY-POOR CONSUMERS 1. The Access to Justice Challenge I. Introduction II. The Scale and Nature of the Access to Justice Challenge III. Understanding the Barriers to Access to Justice IV. Particular Barriers Facing Energy Consumers V. Consumer Vulnerability and Energy Poverty as Barriers to Accessing Justice VI. Barriers Experienced by Vulnerable and Energy-Poor Consumers: Highlights from Our Data VII. Conclusion 2. A Holistic Vision of Access to Justice I. Introduction II. Access to Justice Beyond Lawyers and Courts III. Beyond Procedural Access to Justice IV. Reforming Access to Justice V. Conclusion 3. European Union Law and Policy on Access to Justice I. Introduction II. Recognition of Vulnerability and Energy Poverty in EU Law and Policy III. The Development of ADR for Consumer Disputes in the Energy Sector IV. Access to Justice, Collective Redress and Consumer Protection Measures V. Ongoing Problems for Vulnerable and Energy-Poor Consumers in the European Energy Market VI. Conclusion 4. ADR and Access to Justice I. Introduction II. Initial Observations Based on the Access to Justice Literature III. The Critical Debate on Access to Justice and ADR IV. Specific Issues in the Consumer-Disputing Context V. Conclusions 5. ADR and Access to Justice: Empirical Insights I. Introduction II. Empirical Insights III. Discussion IV. Conclusion 6. Everyday Experiences and the Role of Local Actors I. Introduction II. Legal Alienation, Relational Distance and Access to Justice III. Vulnerable and Energy-Poor Consumers, the Energy Market and Formal Institutions: Stories of Alienation and Disconnection IV. Local Actors: More than Intermediaries V. Conclusion 7. Towards a More Holistic System of Access to Justice I. Introduction II. Recapping the Argument of the Book III. Dispute System Design and the Delivery of Holistic Access to Justice IV. From Added Value to Inclusive Design: Overview of Design Options V. Limitations and Directions for Future Research VI. Conclusion PART II ACCESS TO JUSTICE, ADR AND ENERGY POVERTY IN FIVE COUNTRIES 8. Introduction to Part II I. Outline of Chapters 9. Energy Injustice in Bulgaria Teodora Peneva I. Introduction II. Energy Poverty in Bulgaria III. Consumer Protection Mechanism IV. Key Areas of Energy Injustice V. The Energy Injustice Labyrinth in Bulgaria VI. Constraints for Energy Justice in Bulgaria VII. Conclusions 10. Energy Poverty and Access to Justice in Catalonia Anaïs Varo and Enric R Bartlett Castellà I. Introduction II. The Spanish Electrical System III. Vulnerable Consumers and Access to Energy Justice in Catalonia IV. Energy Poverty: What are the Gaps in the Current Measures? V. Moving Towards a Just Energy Model:Policy Implications VI. Conclusions 11. Access to Justice and Energy Poverty in France Marine Cornelis I. Introduction II. Energy Poverty III. A Complex ADR Landscape: Divided between the National Public Ombudsman, Company Mediators and Other Public Parties IV. What are the Barriers to Access Justice for Energy Consumers? V. What Role does ADR (Ombuds) Play in Accessing Justice for Energy-Poor and Vulnerable Consumers? VI. How can Vulnerable Consumers Access Justice? VII. What can be done to Improve the Situation? VIII. Conclusion 12. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: Policy Measures and the Role of ADR Sarah Supino and Benedetta Voltaggio I. Italian Policies to Tackle Energy Poverty II. Access to Justice for Vulnerable and Energy-Poor Consumers in Italy: The Role of ADR III. Data on ADR Procedures in the Energy Sector IV. Conclusions 13. Access to Justice in Energy: United Kingdom Cosmo Graham I. Introduction II. The Legal Framework of Energy Regulation in Great Britain III. The GB Energy Industry IV. The Fuel Poverty Strategy V. Complaints against Energy Companies VI. Conclusion

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Book SynopsisThis collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in ‘real life’ contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.Trade ReviewNecessary reading for those taking stock of the first wave of scholarship and activism, and working how best to move forward to enhancing the right to the enjoyment of legal capacity on an equal basis. -- Alex Ruck Keene * International Journal of Mental Health and Capacity Law & Mental Capacity Law and Policy Blog *Table of Contents1. Situating the Right to Enjoy Legal Capacity Rosie Harding (University of Birmingham, UK), Mary Donnelly (University College Cork, Ireland and Ezgi Tascioglu (Keele University, UK) PART I CHARTING THE CONCEPTUAL CONTOURS OF CAPACITY LAW 2. Support Relationships in Law: Framing, Fictions and the Responsive State Mary Donnelly (University College Cork, Ireland) 3. The Problem of Influence: Autonomy, Legal Capacity and the Risk of Theoretical Incoherence Amanda Keeling (University of Leeds, UK) 4. The Significance of Strong Evaluation and Narrativity in Supporting Capacity Camillia Kong (Birkbeck, University of London, UK) 5. Functional Capacity Assessments by Healthcare Professionals: Problems and Mitigating Strategies Shaun O’Keeffe (National University of Ireland Galway, Ireland) 6. Charting a Path to Non-coercive Mental Healthcare: The Rhizomatic Nature of Universal Legal Capacity and the Support Paradigm Suzanne Doyle Guilloud (University of Bristol, UK) PART II REFORMING CAPACITY LAW: MAKING, SHAPING AND INTERPRETING LEGAL FRAMEWORKS 7. The (Contested) Role of the Academy in Activist Movements for Legal Capacity Reform: A Personal Reflection Eilionór Flynn (National University of Ireland Galway, Ireland) 8. Enabling Supported Decision-Making in India's Mental Healthcare Act, 2017: Learnings from a Low-Resource Country Setting Soumitra Pathare (ILS Law College, India) and Arjun Kapoor (ILS Law College, India) 9. Reflections on the Reform of Spanish Civil Legislation on Legal Capacity of Persons with Disabilities Patricia Cuenca Gómez (Universidad Carlos III de Madrid, Spain) 10. Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice Jill Stavert (Edinburgh Napier University, UK) 11. Performing Disability Rights: State Reporting and Turkey's (Non)Engagement with the CRPD Ezgi Tascioglu (Keele University, UK) PART III SUPPORTING LEGAL CAPACITY IN EVERYDAY LIFE: BALANCING EMPOWERMENT AND SAFEGUARDS 12. Autonomy of a Person under Guardianship: Self-Determination in the Theory and Practice of Guardianship Law in Finland Anna Mäki-Petäjä-Leinonen (University of Eastern Finland, Finland) 13. Autonomy, Capacity and Vulnerability: Making Decisions on Social Services for Persons with Dementia in Sweden Titti Mattsson (Lund University, Sweden) 14. Law’s Legitimacy and Social Work Support in Safeguarding Adults at Risk of Abuse Jaime Lindsey (University of Essex, UK) 15. Putting the Pieces Together: Article 12, “Safeguarding” and the Right to Legal Capacity Margaret Isabel Hall (Simon Fraser University, Canada) 16. Supporting Everyday Legal Capacity: Navigating the Complexities of Putting Rights into Practice Rosie Harding (University of Birmingham, UK)

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Book SynopsisThis book undertakes unique case studies, including interviews with participants, as well as empirical analysis, of public and private enforcement of Australian securities laws addressing continuous disclosure. Enforcement of laws is crucial to effective regulation. Historically, enforcement was the province of a government regulator with significant discretion (public enforcement). However, more and more citizens are being expected to take action themselves (private enforcement). Consistent with regulatory pluralism, public and private enforcement exist in parallel, with the capacity to both help and hinder each other, and the achievement of the goals of enforcement in a range of areas of regulation. The rise of the shareholder class action in Australia, backed by litigation funding or lawyers, has given rise to enforcement overlapping with that of the government regulator, the Australian Securities and Investments Commission. The ramifications of overlapping enforcement are explained based on detailed analysis. The analysis is further bolstered by the regulator’s approach to enforcement changing from a compliance orientation to a “Why not litigate?” approach. The analysis and ramifications of the Australian case studies involve matters of regulatory theory and practice that apply across jurisdictions. The book will appeal to practitioners, regulators and academics interested in regulatory policy and enforcement, and the operation of regulators and class actions, including their interaction.Table of Contents1. Introduction I. Research Questions II. Structure of the Text III. Scope of Study and Text IV. Case Studies V. Key Findings VI. Conclusion 2. Background I. Introduction II. Continuous Disclosure III. Misleading or Deceptive Conduct IV. ASIC Enforcement V. Shareholder Class Actions VI. Conclusion 3. Analytical Framework I. Introduction II. Deterrence III. Compensation IV. The Regulatory Process V. Conclusion 4. Case Studies I. Introduction II. Methodology III. Telstra IV. Multiplex V. Centro VI. Leighton VII. Conclusion – Summary of Case Studies 5. Application of the Analytical Framework to the Case Studies I. Introduction II. Application of the Analytical Framework – Deterrence III. Application of the Analytical Framework – Compensation IV. Application of the Analytical Framework – Regulatory Process V. Conclusion 7 6. Effectiveness and Coexistence of Regulatory Enforcement and Class Actions I. Introduction II. Effectiveness of ASIC Enforcement and Class Actions III. Ramifications of ASIC Enforcement and Class Actions Coexistence IV. Conclusion 7. Public and Private Enforcement Recalibrated I. Introduction II. ASIC’s Enforcement Approach Revisited III. Class Actions Revisited IV. Reformulating the Continuous Disclosure Laws V. ASIC Enforcement and Continuous Disclosure Class Actions Post-2017 VI. Conclusion 8. Coordination of Public and Private Enforcement I. Introduction II. Why Coordination? III. Existing Coordination Mechanisms IV. Coordination in Other Regulatory Regimes V. Concerns with Coordination VI. Coordination Strategies for Securities Regulation VII. Conclusion Appendix 1 I. Interview Questions for ASIC II. Interview Questions for Class Action Applicants, Litigation Funders and their Lawyers III. Interview Questions for Regulated Entity/Class Action Respondents’ Directors/Officers and their Lawyers IV. Summary of Interviews V. Interviews with Short Title Appendix 2 Table 1 Continuous disclosure infringement notices from 1 July 2004 to 30 June 2021 Table 2 Continuous disclosure enforceable undertakings – 1998 to 30 June 2021 Table 3 Continuous disclosure class actions – 2002 to 30 June 2021

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Book SynopsisDeakin and Morris’ Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris’ Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject. This title is included in Bloomsbury Professional's Employment Law online service.Trade ReviewA truly excellent update of a great book. -- Professor Jeremias Adams-Prassl * University of Oxford *This is probably one of the best textbooks on employment law in Britain. Clearly presented, comprehensive and a pleasure to read. -- Dr Manoj Dias-Abey * University of Bristol *I was impressed by the comprehensiveness of this textbook, and also how up-to-date it is. -- Dr Chris Dietz * University of Leeds *This is another excellent edition of an invaluable textbook. the scholarship is of the highest quality. -- Professor David Lewis * Middlesex University *The book is excellent, very comprehensive and detailed. -- Dr Isabella Mancini * Brunel University London *Very comprehensive and properly updated, this book is an invaluable tool for French labour law students willing to have a complete overview of both UK labour law system and legal solutions. Definitely a "must have"! -- Francois HENOT * Universite de Picardie Jules Verne *Table of Contents1. Introduction: History, Sources, and Institutions of Labour Law Labour Law: The Scope and Nature of the Subject Historical Development Sources of Labour Law Institutions of Labour Law 2. The Employment Relationship Introduction Contract or Status? The Hiring Process Identifying Dependent Labour Quasi-dependent Labour Public Sector Employment Continuity of Employment, Qualifying Thresholds, and Equality of Treatment for Fixed-term, Part-time and Agency Workers Identifying the Employer Transfers of Undertakings Assessment 3. Terms of Employment and Working Conditions Introduction Sources of Contractual Terms and Conditions Written Notification of Terms Construction, Incorporation and Variation of Terms Payment of Wages and Salaries Working Time Health and Safety and the Working Environment Duties of Obedience, Co-operation and Care Duties of Fidelity, Confidentiality and Privacy Income Security: Sick Pay and Lay-off Assessment 4. Discipline and Termination of Employment Introduction Theoretical Underpinnings of Dismissal Protection Wrongful Dismissal Unfair Dismissal: Scope of Protection Fairness of Dismissal Remedies for Unfair Dismissal Economic Dismissals Assessment 5. Equality in Employment Introduction The Origins and Historical Development of Equality Law The Meaning of Equality Protected Characteristics Discrimination and Related Forms of Prohibited Conduct Exceptions and Defences Work–Life Balance Legislation Disability Discrimination Discrimination in Relation to Employment: Issues of Scope Enforcement Positive Action Equal Pay Assessment 6. Collective Organisation and Freedom of Association Introduction The Rationale and Role of Collective Organisation International Standards Relating to Collective Organisation Legal Policy Relating to Collective Organisation Basic Definitions and Concepts Protection of Trade Union Membership and Activities in Relation to Employers Facilities for Trade Union Representatives and Trade Union Activities Union Membership and Deductions from Workers’ Pay Assessment: The Changing Role of Trade Unions in Contemporary Society 7. Collective Bargaining, Trade Union Recognition, and Statutory Information and Consultation Rights Introduction Collective Bargaining and Union Recognition Statutory Rights of Information and Consultation Employee Involvement at Transnational Level Assessment 8. Trade Unions and their Members Introduction The Contract of Membership Statutory Rights: An Overview Rights Relating to Union Membership and Discipline Trade Union Elections Trade Union Expenditure for Political Purposes Assessment 9. Industrial Action Introduction Industrial Action: Role, Rationale and International Standards Legal Policy Relating to Industrial Action: An Overview Liability in Tort The Liability of Trade Unions The Scope of Statutory Immunity Industrial Action Ballots and Notice to Employers Civil Law Remedies Industrial Action and EU Law Picketing ‘Essential Services’ and Emergency Powers Industrial Action and Contractual Rights Industrial Action and Individual Employment Rights Industrial Action and the Rights of Union Members

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Book SynopsisThis book analyses the impact of the UN Convention on the Rights of Persons with Disabilities (CRPD) on EU non-discrimination law and governance. The CRPD places the protection of persons with disabilities at the heart of international human rights law. The Convention is the first human rights treaty open for signatures by regional organisations, and the European Union favourably acceded to it in December 2010. Ten years after this historic event, this book explores whether the theory has been put into practice, and examines the effects of the CRPD on EU non-discrimination law and governance. This book brings together the practices of the European Court of Justice (CJEU) with regard to disability discrimination to show whether the CRPD is living up to its full potential to substantially improve the protection of the rights of persons with disabilities in the EU. It examines whether the judicial interpretation of the Directive 2000/78/EC, establishing a general framework for equal treatment in employment and occupation, does or does not comply with the new legal background delineated by the CRPD. In addition, it investigates whether the governance mechanisms underlying the EU Framework for promoting, protecting and monitoring the CRPD are effectively fostering the implementation of the CRPD and the role of civil society. The prohibition of discrimination on grounds of disability has undergone substantial changes and developments since it was first introduced under international and EU law. This book highlights the main changes to disability discrimination which have occurred in the EU legal order in the last ten years. The book will be of interest to academics, law students and legal practitioners working in the field of EU non-discrimination and equality law.Trade ReviewWith this work, Conte gives a very interesting and thoroughly detailed insight into the CRPD and their impact on Union law. The author's discussion of the issue of equal treatment makes an important contribution to the understanding of the interaction of these systems and encourages the reader to continue working on this exciting topic. -- Helena Auer * Newsletter Menschenrechte (Bloomsbury translation) *[The UN Convention on the Rights of Persons with Disabilities and the European Union] is clearly written, informative, and meticulously researched. It is undoubtedly a valuable resource for students of EU disability rights law. -- Jeffrey Miller * Common Market Law Review *Table of Contents1. Introducing the CRPD: A New Approach to Equality and Non-Discrimination? I. Introductory Remarks II. Equality and Non-Discrimination: A New Approach for Disability Rights III. The Complex and Intriguing Evolution of the Right to Equality in International Law A. The Controversial ‘Sameness’ Model B. Embracing the Symmetrical Approach at International Level C. Is the Formal Approach Adequate to Combat Discrimination? D. Beyond Differences: Time to Recognise Social Barriers and Positive Duties E. The Prohibition of Discrimination under the CRPD: A New Inclusive Model F. Defining the Concept of Multiple and Intersectional Discrimination IV. The CRPD’s Model of Disability: From a Social Construct Towards a Human Rights Approach V. Reconceptualising the Human Rights Dichotomy A. Disability Rights are Universal and Indivisible: Do Civil and Political Rights also Demand Economic Resources? B. Disability Rights as (Quasi)-Justiciable Rights 2. The New Role for Civil Society under the CRPD I. The Rise of Civil Society in Global Governance A. Participatory Democracy and Global Governance B. Opening Up the Decision-Making Process C. Ensuring Transparent Procedures II. Mainstreaming Disability in the International Agenda A. ‘Nothing about us without us’: A Commitment to Participatory Democracy III. Civil Society’s Role in Implementing the CRPD at National Level A. Institutionalising Civil Society B. Awareness-Raising: A Synergetic Action between States Parties and NGOs IV. Participatory Democracy in the EU: From the White Paper to the Lisbon Treaty A. The Inclusive Process of the EUCFR’s Adoption: The ‘Convention’ Method B. How to Improve EU Participatory Democracy? The Good Practice of the CRPD 3. Ten Years aft er EU Accession to the CRPD: From Theory to Reality I. An Overview of the Prohibition of Discrimination under EU Law A. The EU Charter of Fundamental Rights B. The Convention for the Protection of Human Rights and Fundamental Freedoms II. Disability Rights in the EU III. The EU Anti-Discrimination Framework: Directive 2000/78/EC A. Exploring the Meaning of Direct Discrimination B. Introducing the Concept of Indirect Discrimination C. Reasonable Accommodation: The Paramount Obligation IV. Filling in the Gap: The Evolving Concept of Disability A. The EU Approach to Disability B. An Intriguing Evolution: The Case of Ring and Skouboe Werge C. Obesity and Disability: The Case of Kaltoft v Municipality of Billund D. The Case of Daouidi: Clarifying the Long-Term Nature of the Impairment E. Absence from Work on Grounds of Sickness: The Case of Ruiz Conejero F. Defining Disability beyond the Labour Market: The Case of Glatzel G. Is the CJEU Still a Real Promoter of Disability Rights? 4. The EU Legal Framework: Associative and Intersectional Discrimination I. Discrimination by Association on Grounds of Disability A. The Coleman Case: Factual Background B. The Advocate General’s Opinion C. Analysis of the Judgment: Who Falls under the Protection of Discrimination by Association? D. The Controversial Nature of Reasonable Accommodation E. Concluding Remarks: A Shift Towards Substantive Equality II. Why Does Multiple and Intersectional Discrimination Matter? III. The Odar Case: Disability and Age Discrimination IV. Surjit Singh Bedi v Bundesrepublik Deutschland: Collective Agreement and Intersectional Discrimination V. The Case of Z v A Government Department: Gender and Disability A. The Court’s Findings B. How to Deal with Multiple and Intersectional Discrimination under EU Law C. The Failure to Apply the Human Rights Model of Disability D. The Complex Interplay between International Law and EU Law E. The Incongruous CJEU Reasoning: Time for a Change 5. EU Governance and the Framework for Monitoring the CRPD I. Ratifying and Implementing the UN Convention: Winners and Losers in the EU Institutional Game II. The Negotiations of the CRPD and the EU A. The Commission’s Contribution to the Drafting of the CRPD B. Ensuring Coordination between Various EU Actors C. The Commission and the Union’s External Policy Representation III. Monitoring the CRPD’s Implementation: New Governance Mechanisms A. The Experimentalist Paradigm B. The Open Method of Coordination (OMC) C. The Focal Point D. Coordination Mechanism between the EU and the Member States IV. The EU Framework for Promoting, Protecting and Monitoring the CRPD A. The Commission’s Experimentalist Approach B. The European Parliament and the Protection of Disability Rights C. The European Ombudsman D. The Monitoring Role of the EU Agency for Fundamental Rights E. The EDF’s Challenge to Open Up the EU Decision-Making Process F. Focal Point and Coordination Mechanism: Innovative or Inefficient Practices? V. Light and Shadow in the EU Independent Framework A. The Commission’s Withdrawal from the Framework: What Next? B. Is the European Parliament Marginalised? C. Is the OMC Appropriate? 6. Conclusion: Time to Unleash the CRPD’s Full Potential I. The EU Legal Framework: Main Findings A. The Definition of Disability: A Missed Opportunity B. The Legal Gaps in Addressing Multiple and Intersectional Discrimination C. Indirect Discrimination and Reasonable Accommodation: Towards a Better Judicial Interpretation? D. The Inclusive Equality Paradigm under the CRPD E. The Complicated Relationship between the CRPD and the EU Legal System F. Key Recommendations for Improving the Interpretation of EU Equality Norms II. EU Governance: Main Findings A. The Importance of Reforming the EU Independent Framework B. Key Recommendations for Improving EU Governance Mechanisms C. Good Governance and Participatory Democracy: The CPRD’s Positive Practice III. Time to Unleash the CRPD’s Full Potential

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Book SynopsisThe enactment of the Divorce Reform Act 1969 was a landmark moment in family law. Coming into force in 1971, it had a significant impact on legal practice and was followed by a dramatic increase in divorce rates, reflecting changes in social attitudes. This new interdisciplinary collection explores the background to the 1969 Act and its influence on law and society. Bringing together scholars from law, sociology, history, demography, and film and literature, it reflects on the changes to divorce law and practice over the past 50 years, and the changing impact of divorce on different people in society, particularly women. As such, it offers a ‘biography’ of this important piece of legislation, moving from its conception and birth, through its reception and development, to its imminent demise. Looking to the future, and to the new law introduced by the Divorce, Dissolution and Separation Act 2020, this collection suggests ways for evaluating what makes a ‘good’ divorce law. This brilliant collection gives insight not only into this crucial piece of legislation, but also into a key period of societal change.Table of ContentsForeword Lady Hale, former President of the Supreme Court of the United Kingdom PART ONE INTRODUCTION 1. ‘Irretrievably Broken’? Introducing the Life-Story of the Divorce Reform Act 1969 Joanna Miles, University of Cambridge, UK, Daniel Monk, Birkbeck, University of London, UK, and Rebecca Probert, University of Exeter, UK 2. Divorces by Fact Proven Over the Past Half Century in England and Wales: Th e Historical Context, Statistical Trends and Future Prospects John Haskey, University of Oxford, UK PART TWO BACKGROUND 3. Dynamic Impasse: Divorce and British Film in the Mid-Twentieth Century James Brown, Birkbeck, University of London, UK 4. Feminism, Property and Divorce Law Reform in the 1960s Rosemary Auchmuty, University of Reading, UK 5. Putting Asunder – Reappraised Rosie Sinclair, University of Chester, UK 6. Behind Casanova’s Charter: Edith Summerskill, Divorce and the Deserted Wife Sharon Thompson, Cardiff University, UK PART THREE TELLING STORIES ABOUT DIVORCE AND MARRIAGE 7. Divorced from Reality? Literary Depictions of the Legal Process for Ending a Marriage, 1971–2021 Rebecca Probert, University of Exeter, UK 8. Judging Matrimonial Behaviour Joanna Miles, University of Cambridge, UK 9. Telling Tales? Establishing Irretrievable Breakdown under the Matrimonial Causes Act 1973 Liz Trinder, University of Exeter, UK 10. Royal Divorces and the Remaking of Marriage and Monarchy Daniel Monk, Birkbeck, University of London, UK PART FOUR CONTEMPORARY PERSPECTIVES AND CHALLENGES 11. Divorced from Human Rights? English Divorce Law under Human Rights Scrutiny Carmen Draghici, City, University of London, UK 12. British Muslim Communities, Islamic Divorce and English Family Law Samia Bano, SOAS, University of London, UK 13. Dissolution, Divorce and Changing Practices of Commitment Brian Heaphy, University of Manchester, UK, and James Hodgson, University of Manchester, UK Afterword John Eekelaar, University of Oxford, UK

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Book SynopsisThis textbook presents a clear exploration of the historical developments and ideas that give modern thinking its distinctive shape. It guides students through the rival standpoints on jurisprudence from the origins of Western jurisprudential thought and the classical tradition to the emergence of ‘modern’ political thought. Chapters on Hart, Fuller, Rawls, Dworkin and Finnis lead the reader systematically through the terrain of modern legal philosophy, tracing the issues back to fundamental questions of philosophy, and indicating lines of criticism that result in a fresh and original perspective on the subject. The third edition includes a new chapter on feminist legal scholarship and non-Western approaches. Praise for the previous editions: 'An ideal starting place for anyone interested in, or studying, legal philosophy ... Its simple but ambitious aim to provide a concise and accessible guide is easily achieved.' (Student Law Journal) 'A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own.' (Canadian Law Library)Trade ReviewThis book is clear, concise and well laid out. -- Amy Elkington * University of Chichester *An ideal starting place for anyone interested in, or studying, legal philosophy … Its simple but ambitious aim to provide a concise and accessible guide is easily achieved. * Student Law Journal (of the first edition) *A decent choice for an introductory course on jurisprudence, or for a serious student who wishes to study on his or her own. * Canadian Law Library (of the first edition) *Table of Contents1. Justice, Law and History Morality History Law Situating Jurisprudence PART ONE FOUNDATIONS 2. Origins of the Western Jurisprudential Tradition A Basic Division Aristotelian Political Thought The Abandonment of Aristotle Justice and Community in Plato Suggested Reading 3. Jurisprudence – The Classical Tradition Positive Law Natural Law The Relationship between Natural Law and Positive Law Justice and Determination Human Knowledge of Natural Law A Word on Doctrines Suggested Reading 4. The Emergence of ‘Modern’ Political Thought Hobbes’s View of the Human Condition Law and Society The Political Context of Leviathan A Divided Inheritance Excursus Reason Sociability Absolutism The Right of Nature Suggested Reading 5. Images of Law from Grotius to Kant Grotius as a Natural Law Theorist A New Framework Suggested Reading PART TWO DEBATES 6. Positive Law, Positive Justice: Hart The Basic Dimensions of Hart’s Positivism The Nature of Law Law and Morality Natural Law Justice and Equality Suggested Reading 7. Justice in the ‘Real World’: Dworkin The Philosopher-Judge Could the Law be an Expression of Something other than ‘Integrity’? Objectivity, Truth and Scepticism Philosopher-Kings and Philosopher-Judges Suggested Reading 8. Justice and the Liberal State: Rawls Rational Reflection and Questions of Method The Problem of Justice The First Principle of Justice The Second Principle The Basic Structure in Context Suggested Reading 9. Justice and the Common Good: Finnis Introducing the Political Philosophy The Basic Goods The Status of Practical Reasonableness Order, Community and Justice Justice and Rights The Overall Direction of Finnis’s Account Suggested Reading 10. Justice and Legality: Fuller Legality and Justice Justice and the Institutional Reality of Law Eunomics: The Theory of Good Order The Direction of Fuller’s Thought Suggested Reading 11. Justice and Legal Order: Further Reflections Natural Right and Natural Law The Origin of the Law’s Authority Legal Order and Positive Law Summing Up Suggested Reading PART THREE CRITICAL PERSPECTIVES 12. Disruptive Theories Critical Theory Critical Race Theory Feminist Legal Theory Suggested Reading 13. Conclusions?

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Book Synopsis“… remains a must read for practitioners and academics interested in more than the substantive law of trans-border commercial activity.” (King’s Law Journal) Volume 2 of this new edition covers the transnationalisation of dispute resolution, especially arbitration, and contains a critical analysis of the main challenges to its success, continuing credibility, and effectiveness. The volume distinguishes between commercial, financial, and foreign investment arbitration and concentrates on the status, role, and reasoning of international arbitrators, their limited powers especially in matters of public policy and in property matters, the threat of judicialisation, and the need to connect with mediation and a settlement ethos. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of ContentsPart I International Commercial Arbitration 1.1. Introduction 1.2. The Process of Legal Transnationalisation. The Operation of the Modern Lex Mercatoria as Lex Arbitri. Transnational and Domestic Public Policy Considerations in the International Arbitral Process 1.3. International Arbitration: Initial Steps and Complications 1.4. The Conduct of the Proceedings and the Award 1.5. The Role of National Courts 1.6. The New York Convention. International Recognition and Enforcement of the Awards Part II International Financial Arbitration 2.1. Introduction 2.2. Building Blocks of Private Law in International Finance. The Applicable Law and its Transnationalisation 2.3. Financial Arbitration, Public Policy Concerning Financial Instruments, Regulation, and Remedies 2.4. Complications in International Financial Arbitrations 2.5. The Emergence of P.R.I.M.E. Part III Foreign Investment Arbitration 3.1. Introduction 3.2. The Basic Foreign Investment Protections. Direct Foreign Investors’ Claims and the Role of Investment Arbitration 3.3. The Applicable Law in Foreign Investments 3.4. Proprietary and Non-proprietary Takings 3.5. Dispute Resolution and the Transatlantic Trade and Investment Partnership (TTIP). The EU 2014 Questionnaire, Subsequent Action, and the EU/Canada Treaty (CETA) Part IV The Reasoning of International Arbitrators 4.1. Introduction 4.2.A Proper Perspective 4.3.Conclusions

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Book Synopsis“… presents a very different case: that of a civilized and cultivated cosmopolitan legal scholar, with a keen sense of international commercial and financial practice, with an in-depth grounding in both comparative legal history and comparative law, combined with the ability to transcend conventional English black-letter law description with critical judgment towards institutional wisdom and intellectual fashions.” (International and Comparative Law Quarterly) Volume 5 of this new edition uses the insights developed in Volumes 3 and 4 to deal with financial products and financial services, the structure and operation of banking and of the capital markets, and the role of modern commercial and investment banks. Sections on products and services address the blockchain and its potential in the payment system, in securitisations, in the custodial holdings of investment securities, and in the derivative markets. The complete set in this magisterial work is made up of 6 volumes. Used independently, each volume allows the reader to delve into a particular topic. Alternatively, all volumes can be read together for a comprehensive overview of transnational comparative commercial, financial and trade law.Table of Contents1. Secured Transactions, Finance Sales and Other Financial Products and Services 1.1 Civil and Common Law Approaches to Financial Law. Credit Cultures and Transnationalisation 1.2 The Situation in the Netherlands 1.3 The Situation in France 1.4 The Situation in Germany 1.5 The Situation in the UK 1.6 The Situation in the US 2. Financial Products and Funding Techniques. Private, Regulatory and International Aspects 2.1 Finance Sales as Distinguished from Secured Transactions: The Re-characterisation Risk 2.2 Modern Security Interests: The Example of the Floating Charge 2.3 Receivable Financing and Factoring. The 1988 UNIDROIT Factoring Convention and the 2001 UNCITRAL Convention on the Assignment of Receivables in International Trade 2.4 Modern Finance Sales: The Example of the Finance Lease. The 1988 UNIDROIT Leasing Convention 2.5 Asset Securitisation and Credit Derivatives. Covered Bonds 2.6 Options, Futures and Swaps. Their Use and Transfers. The Operation of Derivatives Markets, Clearing and Settlement and the Function of Central Counterparties 2.7 Institutional Investment Management, Funds, Fund Management and Prime Brokerage 3. Payments, Modern Payment Methods and Systems. Set-off and Netting as Ways of Payment. International Payments. Money Laundering 3.1 Payments, Payment Systems. Money and Bank Accounts 3.2 The Principles and Importance of Set-off and Netting 3.3 Traditional Forms of International Payment 3.4 Money Laundering 4. Security Entitlements and Their Transfers through Securities Accounts. Securities Repos 4.1 Investment Securities Entitlements and Their Transfers. Securities Shorting, Borrowing and Repledging. Clearing and Settlement of Investment Securities 4.2 Investment Securities Repos

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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)

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Book SynopsisThis book focuses on how public and private international law address civil liability for transboundary pollution. In public international law, civil liability treaties promote the implementation of minimum procedural standards in domestic tort law. This approach implicitly relies on private international law to facilitate civil litigation against transboundary polluters. Yet this connection remains poorly understood. Filling the gap, this book engages in a meaningful dialogue between the two areas and explores how domestic private international law can reflect the policies developed in international environmental law. It begins with an investigation of civil liability in international environmental law. It then identifies preferable rules of civil jurisdiction, foreign judgments and choice of law for environmental damage, using Canadian private international law as a case study and making extensive references to European law. Liability for transboundary pollution is a contentious issue of the law, both in scholarship and practice: international lawyers both private and public as well as environmental lawyers will welcome this important work.Trade ReviewLibrarians and lawyers, both novice and experienced, will appreciate this text. It can be considered a must-have for any practice dealing with environmental law and transboundary pollution issues. -- Laura Lemmens * Canadian Law Library Review *This book provides new research ideas and frameworks, manifests the complex and understated links between PrIL and international environmental law, and provides a sound conceptual basis for the dialogue between PubIL and PrIL in transboundary environmental pollution. Lawyers and academics who are exploring international environmental law and PrIL are sure to be interested in this book. -- Yu Chen * Social & Legal Studies *A very good overview, from a Canadian standpoint, of issues pertaining to transboundary pollution in private international law and constitutes a very useful array of comparative-law lessons for other jurisdictions. -- Eduardo Álvarez-Armas * Revue critique de droit international privé *Table of ContentsIntroduction I. Context II. A Study of Private International Law and Global Governance III. Scope of the Book IV. Objectives of the Book V. Structure of the Book PART 1 LIABILITY AND THE INTERSECTION OF PUBLIC AND PRIVATE INTERNATIONAL LAW 1. Liability for Transboundary Pollution in International Environmental Law I. State Responsibility, State Liability and Civil Liability A. Introduction to the Distinction between Responsibility and Liability B. State Responsibility C. State Liability D. Civil Liability II. The Duty to Ensure Prompt and Adequate Compensation A. Prompt and Adequate Compensation in International Law B. Future Development of the Duty to Ensure Prompt and Adequate Compensation III. Conclusion 2. Private International Law as Environmental Regulation I. Previous Work on Private International Law in Environmental Matters II. The Regulatory Function of Private International Law A. Private International Law as Obstacle? B. Private International Law as Regulation? III. Conclusion PART 2 TRANSBOUNDARY POLLUTION IN CANADIAN PRIVATE INTERNATIONAL LAW 3. Jurisdiction Over Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Jurisdiction in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Access C. Implementation of Equal Access in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. Jurisdiction Over Transboundary Pollution in Canadian Private International Law A. Asserting Jurisdiction Over Transboundary Pollution B. Declining Jurisdiction Over Transboundary Pollution C. Enforcing Foreign Judgments against Local Polluters III. Conclusion 4. The Law Applicable to Transboundary Pollution I. International Environmental Law and the Approach of the ILC A. Choice of Law in the ILC Principles on the Allocation of Loss B. Non-Discrimination and Equal Remedy C. Implementation of Equal Remedy in Canada D. Going beyond the ILC Principles on the Allocation of Loss II. The Law Applicable to Transboundary Pollution in Canadian Private International Law A. Designating the Law Applicable to Transboundary Pollution B. Displacing the Applicable Law C. Extraterritorial Application of Statutory Causes of Action III. Conclusion Conclusion I. Conclusions of the Study II. Creatively Thinking about Liability for Transboundary Pollution

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Book SynopsisWhat does the UK's exit from the EU mean for health and the NHS? This book explains the legal and practical implications of Brexit on the NHS: its staffing; especially on the island of Ireland; medicines, medical devices and equipment; and biomedical research. It considers the UK’s post-Brexit trade agreements and what they mean for health, and discusses the effects of the COVID-19 pandemic on post-Brexit health law. To put the legal analysis in context, the book draws on over 400 conversations the authors had with people in the north of England and Northern Ireland, interviews with over 40 health policy stakeholders, details of a film about their research made with ShoutOut UK, the authors’ work with Parliaments and governments across the UK, and their collaborations with key actors like the NHS Confederation, the British Medical Association, and Cancer Research UK. The book shows that the language people use to talk about hoped-for legitimate post-Brexit health governance suggests a great deal of faith in law and legal process among ‘ordinary people’, but the opposite from ‘insider elites’. Not What The Bus Promised puts the authors’ knowledge and experiences centre frame, rather than claiming to express ‘objective reality’. It will be of interest to any reader who cares about the NHS and wants to understand its present and future.Trade ReviewA creative and courageous book * Katy Hayward, Queen's University Belfast *Table of Contents1. Introduction 2. Aims and Approach I: Stories within a Story, Positionality and Reflexivity 3. Aims and Approach II: People, Time and Locations, Conducting our Research and Analysis 4. Scope: The Effects of EU Law on Health and the NHS 5. Cross-border Healthcare in Great Britain 6. Cross-border Healthcare in Northern Ireland 7. NHS Staffing 8. Medicines, Medical Devices and Equipment 9. Biomedical Research 10. The UK’s Trade Relationships, the NHS, and Health 11. Accountability for Post-Brexit Health Governance 12. Conclusions

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Book SynopsisSeeing the role of transitional justice as an area of contestation, this book focuses on the principle of equality guaranteed in the access to transitional justice mechanisms. By raising women’s experiences in dealing with the law and policies as well as the implications of community and family practices during post-conflict situations, the book shows how these mechanisms may have been implemented mechanically, without considering the different intersections of discrimination, the public and private divides that exist in the local context or the stereotypes and values of international and national actors. The book argues that without unpacking the barriers in the administration of transitional justice, the different mechanisms that are implemented in a post-conflict situation may set a higher threshold for the participation of women. Moreover, by taking into account women’s perceptions of justice, it further argues that scholars have paid insufficient attention to the welfare structures that are produced after a conflict, particularly the pensions of veterans. Going beyond the focus on sexual violence, a relationship between the violations and post-conflict economic justice may have longer-term consequences for women since it perpetuates their inequality and lack of recognition in times of peace. The use of transitional justice may thus exacerbate the invisibility of and discrimination against certain sections of the population. Inspired by the work of Hannah Arendt and based on extensive field research in Timor-Leste, the book has larger implications for the overarching debate on the social consequences of transitional justice.Trade ReviewA superb subtle analysis of transnational justice of women in Timor-Leste that combines detailed ethnological investigation with sophisticated theoretical analysis. A major contribution to the study of the complexities of the theory and practice of transnational justice. * Richard J Bernstein, New School for Social Research *Based on extensive fieldwork that involved interviewing women and policy-makers, this book offers innovative insights on the design and implementation of transitional justice in Timor-Leste (East Timor). Dr Perez Vasquez offers a masterful and critical overview of transitional justice laws and policies and the extent to which these are impacted by community and family relationships. A unique guide for academics and policy-makers wanting to understand the unfolding of transitional justice in local contexts as well as women's experiences in conflict and post-conflict situations. * Gentian Zyberi, Norwegian Centre for Human Rights, University of Oslo *Table of Contents1. Introduction: ‘The Blind Letters’ I. Transitional Justice: A Brief Overview II. Women’s Rights within Transitional Justice III. A Feminist Research IV. Ethics of the Research Undertaken V. Structure 2. Transitional Justice in Timor-Leste: ‘Loron Loron, Kalan Kalan’ I. The Background: History of Timor-Leste II. International Legal Framework III. Human Rights Violations IV. On Justice Received V. Access to Transitional Justice VI. Women’s Participation in Transitional Justice VII. Barriers Faced by Women When They Access Transitional Justice VIII. Conclusions 3. Silence and Memory: ‘They are Waiting for Us to Die’ I. Women’s Silence and Lack of Recognition after a Conflict II. On Women’s Silence in Timor-Leste III. On Memory: Hyper-Masculinisation of Society and National Identity IV. The Continuum of Violations against Women V. What Women Want VI. Conclusions 4. Women and Prosecution: ‘We Captured the Dogs But Not the Owners of the Dogs’ I. Prosecutions in Timor-Leste II. The Legislation III. Accounts of Crimes Committed against Women IV. The Public: The Investigations V. The Public: The Proceedings VI. The Private Interference VII. Sentences, Women and the Follow-Up VIII. Conclusions 5. Women, Truth and Reconciliation: ‘Here Comes the Victim’ I. The CAVR II. Focus of the CAVR on Women III. The CTF and its Focus on Women IV. Women’s Participation V. Different Reconciliation Discourses VI. Women’s Healing and the Understanding of Truth VII. Women’s Recognition and Political Follow-Up VIII. Conclusions 6. Women’s Access to Reparations: ‘Men Were the Most Affected’ I. The Complexity of Reparations II. Reparations Provided by the UN, Including the Special Panels III. Reparations Provided by the Truth Commissions IV. Reparations Established in the Chega! Report V. Reparations Provided by the Timorese State VI. The Way Forward VII. Conclusions 7. Women’s Access to Post-conflict Benefits: ‘Because I Did Not Hold a Gun’ I. DDR, Veterans’ Pensions and the Exclusion of Women II. The Veterans’ Pensions in Timor-Leste III. The Veterans’ Pension Law and Discrimination against Women IV. The Implementation: Local Committees of Veterans and the Private Dynamics V. Getting More Private: The Pensions within the Family VI. (Un)Expected Effects of the Timorese Veterans’ Pensions VII. The Limits of the Discourse on Rights VIII. Conclusions 8. Conclusions: ‘So it Does Not Happen Again’

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Book SynopsisAre you involved in making decisions in court, a tribunal, or another formal decision-making environment? This book gives guidance in the skills required to reach and deliver well-structured judicial decisions. The authors (all of whom have extensive judicial and quasi-judicial experience) instruct the readers on the skills required at each stage of a hearing, including: - ensuring there is a fair hearing process; - standards and conduct of decision-makers; - successful communication; - taking into account the needs of vulnerable participants and litigants in person; - case management; - assessing evidence; and - the process of reaching and then delivering a well-structured decision. The book includes practical guidance, examples, and short exercises to help the reader engage with the issues discussed and understand the skills required. Buy this book and you will have the confidence you need to make great decisions.Table of ContentsForeword Dame Hazel Genn (University College London, UK) Introduction Godfrey Cole (retired First-tier and Upper Tribunal Judge, UK) 1. Fair Hearing Nicholas Wikeley (Upper Tribunal, UK) 2. Communication and Vulnerable Participants Mary Kane (Mental Health Tribunal, UK) and Meleri Tudur (First-tier Tribunal, UK) 3. Case Management Christopher Lethem (Central London County Court, UK) 4. Evidence Mark Ockelton (Upper Tribunal, UK) 5. Ethics Yvette Genn (Barrister, UK) 6. Making and Communicating the Decision Godfrey Cole (retired First-tier and Upper Tribunal Judge, UK) 7. Conclusion Yvette Genn (Barrister, UK) and Christopher Lethem (Central London County Court, UK)

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Book SynopsisIn this unique book Lord Woolf recounts his remarkable career and provides a personal and honest perspective on the most important developments in the common law over the last half century. The book opens with a comprehensive description of his family background, which was very influential on his later life, starting with the arrival of his grandparents as Jewish immigrants to England in 1870. His recollections of his early years and family, education and life as a student lead into his early career as a barrister and as a Treasury Devil, moving on to his judicial career and the many roles taken therein. The numerous standout moments examined include his work on access to the judiciary, prison reform, and suggested reforms to the European Court of Human Rights. Fascinating insights into the defining cases of his career, T AG v Jonathan Cape, Gouriet v Union of Post Office Workers, Tameside, Hazel v Hammersmith, M v Home Office, remind the reader of how impactful his influence has been. He considers the setting of the mandatory component of the life sentences of Thompson and Venables and the Diane Blood case. Alongside the case law, and the Woolf Reforms, the Constitutional Law Reform Act 2005 is also explored. Considering the ebb and flow of changes over his remarkable judicial life, Lord Woolf identifies those he welcomes, but also expresses regret on what has been lost. A book to remind lawyers, be they students, practitioners or scholars, of the power and importance of law. All author profits from the book will be donated to the Woolf Institute.Trade ReviewAn Uncommon Lawyer traces the author’s unbroken ascent up the ladders of bar and bench – helpfully, for the lay reader, with explanations of what his various roles involved. It also describes the development of his aim to make the law more accessible and more humane … He has indeed been an uncommon lawyer, as well as an honourable and much honoured man. -- Michael Beloff * The Times Literary Supplement *Table of Contents1. The Start 2. Happy Days 3. Becoming a Member of the Bar 4. A Barrister Taking the Crown’s Shilling as the Revenue and Treasury Junior 5. Crossing the Strand/A Change of Robes 6. A Change of Robes and Strangeways 7. Life as a Law Lord 8. Access to Justice 9. My Responsibilities as Master of the Rolls 10. Lord Chief Justice 11. Return to Civilian Life and Further Commissions 12. Interfaith Relations – The Woolf Institute 13. Back to Judging 14. For Family and Justice

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Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsFrom previous edition: PART I STATUTES Partnership Act 1890 Limited Partnerships Act 1907 Companies Act 1985 Insolvency Act 1986 Company Directors Disqualification Act 1986 Criminal Justice Act 1993 Financial Services and Markets Act 2000 Limited Liability Partnerships Act 2000 Companies Act 2006 Corporate Manslaughter and Corporate Homicide Act 2007 Bribery Act 2010 Partnerships (Prosecution) (Scotland) Act 2013 PART II STATUTORY INSTRUMENTS Insolvency Proceedings (Monetary Limits) Order 1986 Financial Services and Markets Act 2000 (Official Listing of Securities) Regulations 2001 Insolvency Act 1986 (Prescribed Part) Order 2003 Companies (Registration) Regulations 2008 Companies (Model Articles) Regulations 2008 Index

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Book SynopsisIn this collection, one of the key commentators on the modern law of tort presents 12 of his most important articles and book chapters. These are accompanied by an introductory chapter in which the author comments on the impact and reception of the pieces that make up the collection, and by a provocative new essay in which he argues against strict product liability in the law of tort. A coherent and compelling exploration of topical issues in core areas of tort law, the collection is divided into 3 parts, dealing with negligence; nuisance and Rylands v Fletcher; and tort in general. The essays in this collection are a significant contribution to debates about the limits and scope of tortious liability in common law systems. Students, scholars and practitioners alike will find it an invaluable resource for understanding tort law in the early 21st century.

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Book SynopsisWell-selected and authoritative, Hart Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams.Table of ContentsPreface Statutes Trade Union and Labour Relations (Consolidation) Act 1992 Employment Rights Act 1996 National Minimum Wage Act 1998 Human Rights Act 1998 Employment Relations Act 1999 Equality Act 2006 Corporate Manslaughter and Corporate Homicide Act 2007 Equality Act 2010 Modern Slavery Act 2015 European Union (Withdrawal) Act 2018 Statutory Instruments Employment Protection (Continuity of Employment) Regulations 1996 Working Time Regulations 1998 Maternity and Parental Leave etc. Regulations 1999 Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Trade Union Recognition (Method of Collective Bargaining) Order 2000 Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 Paternity and Adoption Leave Regulations 2002 Agency Workers Regulations 2010 Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 Equality Act 2010 (Gender Pay Gap Information) Regulations 2017 Parental Bereavement Leave Regulations 2020 Code of Practice ACAS – Disciplinary and Grievance Procedures – Code of Practice 1 Index

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Book Synopsis‘A delightful and fresh approach to the comparative study of law.' (Jans Smits, Maastricht University, the Netherlands) (of the first edition). This textbook presents a clear and thought-provoking introduction to the study of comparative law. The book provides students with in-depth analyses of the major global comparative methodologies and theories. Written in a lively style, it leads the student through debates in comparative legal scholarship, both in the Western world and in the lesser studied jurisdictions, beyond Europe and North America. The second edition includes a revised structure to help the student understand the subject, an updated introductory chapter, and new material on legal transplants and globalisation. It also explores allied disciplines, including linguistics, history, and post-colonial studies giving students full context of the subject.Trade ReviewA sensible and sensitive overview of schools, themes, problems and challenges when 'doing' comparative law. -- Maurice Adams, Tilburg University, the NetherlandsA delightful and fresh approach to the comparative study of law. -- Jans Smits, Maastricht University, the Netherlands[The book] is well written and provides the necessary information in an understandable form. -- Igor Hron * Comenius University *This is an excellent textbook... I found the book to be very detailed, informative and written in a very accessible way. -- Katarina Trimmings * University of Aberdeen *Professor Husa has written a remarkable book on this subject. Contemporary thinking is emphasised with a tip of the hat to the development of this area of law. What has been missing from many writings in this area is why students should study this topic and how it might be applied. Professor Husa has addressed modern thinking in comparative law, its methods and its applications together with acknowledging some of the difficulties of doing so, something others have skipped. An excellent introduction and text. -- Tony Meacham * Coventry University *Table of Contents1. Introduction 2. Comparative Law as a Discipline - A Short History 3. Comparative Law - Definitions and Distinctions 4. Comparative Law - One of the Legal Disciplines 5. Why Compare? 6. Basic Strategies in Comparison 7. Comparing - Differences and Similarities 8. Comparison - Obstacles and Difficulties 9. Macro-comparison 10. Legal Evolution? 11. Groupings, Classifications, Categories 12. Conclusion

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Book Synopsis'... undoubtedly a first-rate companion for any undergraduate or post-graduate law course.’ John Taggart, Criminal Law Review This outstanding account of modern English criminal law combines detailed exposition and analysis of the law with a careful exploration of its theoretical underpinnings. Primarily, it is written for undergraduate students of criminal law, covering all subjects taught at undergraduate level. The book’s philosophical approach ensures students have a deeper understanding of the law that goes beyond a purely doctrinal knowledge As a result, over its numerous editions, it has become required reading for many criminal law courses. The 8th edition covers all statutory law including the Assaults on Emergency Workers Act 2018 and Domestic Abuse Act, s 71. Case law discussions now cover: Grant (complicity); Barton (dishonesty); Broughton, Field, Kuddus, and Rebelo (homicide) and AG’s Ref (No 1 of 2020) (sexual offences).Trade Review[This] textbook remains one of, if not the, leading criminal law textbooks in England and Wales. It is one of few textbooks available that engages in a detailed exposition of the doctrinal criminal law while simultaneously engaging with the criminal law’s theoretical underpinnings. * Dr Daniel Bansal, Leicester Law School *Simester and Sullivan’s Criminal Law is my ‘go-to’ textbook, combining rigorous analysis of criminal law doctrine with sophisticated theoretical analysis. * Dr Jennifer Collins, Associate Professor in Law, University of Bristol Law School *Excellent and thorough discussion, with very useful updates for the last couple of years, especially Broughton. -- Christopher Cowley * University College Dublin *I'm very happy with this text - it is incisive, opinionated, and challenging. -- Mark Dsouza * University College London *This book is a thorough exploration of a number of key offences and defences in Criminal Law. There is an excellent level of detail and analysis of important contemporary debates and issues in the area. This is particularly suitable for strong students. -- Laura Graham * Northumbria University *The book is an excellent resource, a refreshing take for those who treasure the importance of theory. -- Lucas Miotto * Leeds Beckett University *

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Book SynopsisThis book offers the first thorough legal analysis of the practice of mixity since the Lisbon Treaty, providing the perspectives of international, EU, and national law. It sets out a detailed theoretical understanding of mixity, the common commercial policy, and the recent case law of the EU Court of Justice. It assesses recent practice and current challenges, such as the non-ratification of mixed agreements, ensuring parliamentary participation in EU treaty-making, the new architecture for concluding EU trade and investment agreements, as well as the new trade agreement between the EU and the UK post-Brexit. In so doing, the author argues that in the field of trade and investment, mixity is no longer a procedural technique to overcome legal uncertainties about competence allocations between the EU and the Member States. Instead, mixity has become a deliberate substantive design choice. This brings a fresh and innovative perspective to a key tenet of EU external relations law.

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Book SynopsisThe first book of its kind published in the UK, Street Law: Theory and Practice is the ideal companion for all students engaging in credit-bearing or non-credit bearing Street Law projects. Highly-accessible and student-focussed, it teaches readers not only how to successfully design, deliver, and reflect on Street Law sessions, but also the theory behind this practice. It covers a full and diverse range of topics, beginning with initial project design and ending at post-project reflection and evaluation, with a host of topics including interactive teaching techniques, ethics and problem-solving in between. Designed to be read chronologically or as standalone chapters, it is the perfect textbook for students at each stage of their Street Law journey. Including quotes from active Street Law practitioners and coverage of contemporary Street Law topics, such as the housing crisis, the text is a fully up-to-date resource for today’s law students. Its original workbook format, including an abundance of reflective questions, activities and prompts, with space included for students to write their responses, ensures every reader develops not only a comprehensive insight of this important form of public legal education, but also their own learning and practice.Table of ContentsIntroduction Chapter 1: An Introduction to Pro Bono, Clinical Legal Education, Public Legal Education and Street Law Chapter 2: Teaching: Theory, Practice and the Street Law Approach Chapter 3: Designing a Street Law Session Chapter 4: How to Engage Your Participants Chapter 5: Teamwork Chapter 6: Feedback and Evaluation Chapter 7: Ethics and Street Law Chapter 8: Becoming a Reflective Practitioner Chapter 9: Troubleshooting Problems in Street Law Chapter 10: Views from the Field Chapter 11: Open Practice and Street Law Chapter 12: Street Law and your Employability Chapter 13: Where Next for Street Law? Chapter 14: Resources

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Book SynopsisWhy are we still arguing over the Parthenon Marbles? This book offers a fresh take on the history of those famous pieces of ancient sculpture removed from the Acropolis in Athens by Lord Elgin’s men in the early 19th century. It explains how they became the cause célèbre of the larger debates around cultural heritage and restitution now taking place. The subject is one that is currently embroiling museums, governments, universities and the public at large. Herman provides a balanced, thorough and critical account of the history of the Marbles, while considering the legalities of their initial removal and the ethics of their retention by the British Museum. It incorporates the views of curators, museum directors, lawyers, archaeologists, politicians and others in both London and Athens. It explains why this particular dispute has not been satisfactorily resolved, and suggests new ways of seeking resolution – for the Parthenon Marbles and for the many other cultural treasures held in museum collections outside their countries of origin. The book sets out a way forward for this famously intractable dispute, one based on evidence of past practice, legal rules around the transfer of cultural objects and the role of museums in negotiating international exchanges.Trade ReviewEssential reading for those interested in the dispute, and indeed in the wider debate around repatriation of cultural objects. -- James Morton * The Times *[An] even-handed and refreshing approach to this immensely complex dispute … An important contribution has been made to identify areas of compromise that might help resolve this long-running dispute. * Returning Heritage *Alexander Herman has written a lucid and engaging guide to the world’s longest-standing cultural dispute. Like so many of us, he hopes for its resolution, and is scrupulously fair and even-handed in explaining how this might happen. * Barnaby Phillips, author of 'Loot: Britain and the Benin Bronzes' *Anyone with an interest in world history and cultural heritage will learn a lot from reading this careful study of the world's toughest argument over art and restitution. Its approach is both rigorous and empathetic, an impressive combination. * Bruce Clark, Economist writer on history, culture and ideas, Author of 'Athens: City of Wisdom' *It is a remarkable achievement to write with such balance and authority on so fraught a question, even more impressive when so many believe they have an answer; from now on no-one should venture an opinion without reading this gripping and important analysis. * Sir Alan Moses, former Lord Justice of Appeal and co-chair of the UK's Spoliation Advisory Panel *Table of ContentsIntroduction: A Matter Yet Unresolved 1. From the Slopes of Mount Pentelikos 2. A Story with Neither Hero Nor Villain 3. A Firman by Any Other Name 4. Albion's Verdict 5. The History of a Claim 6. The (un)titled Masterpiece 7. Wellington and International Law 8. The View from Athens 9. Inside the British Museum 10. Resolving the Dispute

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Book SynopsisThis book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called ‘default verticality.’ This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.Table of Contents1. The Default Vertical Approach 2. State Action 3. Indirect and Direct Horizontality 4. Models of Bounded Direct Horizontality 5. The Institutional Approach 6. Application – I: Platform Work 7. Application – II: Domestic Relationships and Unpaid Labour Conclusion: The Prospects of the Institutional Approach

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Book SynopsisAdam Tomkins is the John Millar Professor of Public Law at the University of Glasgow, UK.

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Book SynopsisExamines the discourse and developments surrounding privacy and data protection in the digital realm, featuring papers and discussions from the 2024 CPDP.ai international conference.

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Book SynopsisConcern for crime victims has been a growing political issue in improving the legitimacy and success of the criminal justice system through the rhetoric of rights. Since the 1970s there have been numerous reforms and policy documents produced to enhance victims’ satisfaction in the criminal justice system. The Republic of Ireland has seen a sea-change in more recent years from a focus on services for victims to a greater emphasis on procedural rights. The purpose of this book is to chart these reforms against the backdrop of wider political and regional changes emanating from the European Union and the European Court of Human Rights, and to critically examine whether the position of crime victims has actually ameliorated. The book discusses the historical and theoretical concern for crime victims in the criminal justice system, examins the variety of forms of legal and service provision inclusion, amd concludes by analysing the various needs of victims which continue to be unmet.Trade Review‘This thoughtful, comprehensive and coherent text will contribute greatly to future developments in this area.’Ivana Bacik, Trinity College Dublin, Criminal Law and Practice Review -- .Table of ContentsIntroduction1. Epistemic Shifts in knowing the Victim of Crime2. The Re-Emergence of the Victim in Ireland 3. The Juridification of Victims Inclusion in Ireland 4. Social Provision for Victims of Crime in Ireland 5. Continued Problems Conclusion

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Book SynopsisThis book examines one of the most fundamental issues in twelfth-century English politics: justice. It demonstrates that during the foundational period for the common law, the question of judgement and judicial ethics was a topic of heated debate – a common problem with multiple different answers. How to be a judge, and how to judge well, was a concern shared by humble and high, keeping both kings and parish priests awake at night. Using theological texts, sermons, legal treatises and letter collections, the book explores how moralists attempted to provide guidance for uncertain judges. It argues that mercy was always the most difficult challenge for a judge, fitting uncomfortably within the law and of disputed value. Shining a new light on English legal history, Justice and mercy reveals the moral dilemmas created by the establishment of the common law.Trade Review‘Justice and Mercy is a remarkable book…the book resounds with the historiographic traditions and conflicts among the different schools of legal history and of intellectual history, both in Britain and on the continent. While the author is obviously well aware of them, she manages to avoid the pitfalls of adding to these ongoing conflicts.’Esther Cohen, Hebrew University of Jerusalem, The Medieval Review'I dearly wish this excellent book had been available twenty years ago when I was writing one of my own on the changing ways that the human urge to vengeance were expressed c. 1000–1300. Philippa Byrne, a first-time author, has assembled an amazing amount of difficult theological material, much direct from manuscript, to make a persuasive and novel case that judges had to include in their sentencing policy what she calls “reciprocal mercy,” a kind of subset of “deliberative” justice, generated in the schools by “a sophisticated and long-running debate about judicial ethics”. [...] This is an enviably able, solid, fresh, and exciting first book that will give all kinds of readers much to think about.'Paul R. Hyams, Speculum -- .Table of ContentsPrologue: the vanishing adulteress1 Introduction2 The problem with mercy: the schools3 The problem with mercy: the courts4 Twelfth-century models of justice and mercy5 Who should be merciful?6 Judgement in practice: the Church7 Histories of justice: the crown, persuasion and lordship8 Love your enemies? Popular mercy in a vengeance culture9 ConclusionBibliographyIndex

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Book SynopsisParliament, and the House of Commons in particular, is increasingly held in contempt by the British public. From attending parties during the Covid-19 lockdown to taking payment for lobbying, MPs undermine their credibility by acting as if the rules they set for others should not apply to them. Still far from representative of the country they govern from the ancient and crumbling Palace of Westminster, MPs appear detached from the lives led by their constituents – conducting their business according to rules and procedures that have become too complex for many of them to understand.Hannah White offers a perceptive critique of the shortcomings of the House of Commons, arguing that the reputation of the Commons is in a downward spiral - compounded by government attempts to side-line parliament during Brexit and the coronavirus pandemic. At a time of populist challenge to representative democracy, this book is an essential rallying cry for Members of Parliament to reform the House of Commons – equipping it to fulfil its important role as a cornerstone of our democracy – or see it fade into irrelevance.Trade ReviewAs featured on BBC Radio 4's Week in Westminster, World at One and Bloomberg WestminsterOne of Sam Freedman's Books of the Year 2022'Hannah White casts an expert and forensic eye at how parliament works, or often doesn’t. Her conclusion that only a crisis will drive change is realistic - and a spur to all those who want reform, both inside and out, to act.'Ben Page, CEO, Ipsos Mori'Based on her extensive experience at the heart of parliament, Hannah White paints a compelling picture of what’s gone wrong with our democracy in general and the Palace of Westminster in particular. A decaying building housing a decayed and democratically bankrupt political system, unrepresentative of the voters’ choices, cut off from the wider country and ensnared with procedures and traditions which have no place in a modern democracy. As White so powerfully demonstrates, the UK urgently needs democratic renewal, a fairer voting system and a system of government in which people can have trust and confidence.'Caroline Lucas, Green Party MP for Brighton, Pavilion'This is an essential book for anyone who is, has been, or wants to be an MP and, in fact, anyone who wants to know why the House of Commons is held in such low regard today. Hannah White thoroughly examines why public trust in the House of Commons is now so low – perfectly encapsulated, as she points out, by the inability of MPs and Ministers to decide how to restore and renew the Palace of Westminster as it literally crumbles around them. The question for those who are elected after they’ve read the book is what is to be done about this sad state of affairs?'Baroness Nicky Morgan, Former Conservative MP'Brexit and the pandemic have shown both how important parliamentary procedure is and how ripe it is for reform. Hannah White argues persuasively that for the public to have confidence in the Commons, they should stand a chance of understanding how it works.'Karen Bradley, Conservative MP and Chair of Procedure Committee'Takes you inside parliament for a vivid explanation of how our politics works…or sometimes doesn’t work.'Adam Fleming, BBC Senior Political Correspondent'The UK parliament may not be under physical attack like the US Congress in January 2021 but it is assailed on all sides and under serious threat. Hannah White throws a light on the dangers and the ways to rescue it. Anyone who cares about parliamentary democracy should read this book.'Gary Gibbon, Political Editor, Channel 4 News'If you have ever wondered why some politicians think it’s ok to break or bend the rules or have asked yourself what it is about the culture of Westminster that allows some of its inhabitants to think of themselves as a class apart , then this is the book for you. Hannah White is one of our finest commentators on all things Westminster.'Carolyn Quinn, journalist, BBC'In her important new book, Held in Contempt, Hannah White details the parlous state of the UK parliament. She does so with the even temper and forensic skill of someone who used to be a clerk in the House of Commons and is now the deputy director of the Institute for Government.'Edward Docx, Times Literary Supplement 'British schoolchildren are sometimes taught that our democracy is 'the envy of the world.’ If this is true it is surprising that the only other European country which elects its main legislature by the British First Past the Post system is that of Belarus, the country of Vladimir Putin’s ally, Alexander Lukashenko. In Held in Contempt Dr Hannah White gets beneath the complacency that underpins much of our democratic debate and asks ‘What’s Gone Wrong With The House of Commons?’ The answer is that, rather like the Palace of Westminster itself, our political system is rooted in the past, decayed and crumbling. Lucid, provocative and extremely persuasive, if you want to know what has gone wrong with our politics, Held in Contempt argues that it is not just a few wrongheaded policies or occasionally incompetent politicians. It is a systems failure at the heart of our democracy.’Gavin Esler, broadcaster and author of How Britain Ends'Held in contempt is a book for those who care about the UK Parliament and those who do not. It is a must read for students of British politics and a good read for the public too – pacey, engaging, and clearly articulated. A former House of Commons Clerk, Hannah White makes an impassioned and substantiated argument: MPs, individually and collectively, as well as the Government should, in the face of declining trust in the institution, reflect on and change the House’s governance, the form and format of its many written and unwritten rules, and their own behaviour. The "downward spiral" must be stemmed.'Sarah Childs, Professor of Politics and Gender, University of Edinburgh'If you’re looking for a reliable account of the extent of government control over Parliament and why it is indeed excessive, try Hannah White’s Held in Contempt'George Peretz KC 'This book is essential reading for anyone who cares about the future of our parliamentary democracy. Hannah White offers an incisive account of why Parliament matters, why it is under threat, and what needs to change if we are to prevent "the inevitable decline of our key democratic institution."'Robert Saunders, Reader in British History, Queen Mary, University of London'We must hope that MPs read it. And since good governance needs an independent and effective legislature, ministers would be wise to act on it too.'Dominic Grieve, Prospect Magazine'An eloquent and impartial critique of the arcane mechanics of Westminster, Dr Hannah White’s debut book is a timely and fantastic tool for unpicking the workings of Parliament.' Karen Bradley MP, The House Magazine -- .Table of ContentsIntroduction1 Side-lined2 Unrepresentative 3 Arcane4 Exceptionalist5 Decaying Conclusion: A parliament to be proud ofReferencesIndex

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Book SynopsisDrawing on three months of research in Westminster, and over forty-five interviews, this book focuses on the everyday practices of Members of Parliament and officials to reveal how parliamentarians perform their scrutiny roles. Some MPs become specialists while others act as lone wolves; some are there to try to defend their party while others want to learn about policy. Amongst these different styles, chairs of committees have to try to reconcile these interpretations and either act as committee-orientated catalysts or attempt to impose order as leadership-orientated chieftains. All of this pushes and pulls scrutiny in competing directions, and tells us that accountability depends on individual beliefs, everyday practices and the negotiation of dilemmas. In this way, MPs and officials create a drama or spectacle of accountability and use their performance on the parliamentary stage to hold government to account.Trade Review‘Dramas at Westminster tells us a great deal about the public and hidden power of select committees at a time when scrutiny is more vital than it has ever been.’LSE Review of Books'Geddes’s research stands in a line of powerful and important works that have begun to change our understanding of how Westminster works, what MPs do, how they behave and, most importantly, the kind of ‘roles’ they perform. 'Democratic Audit UK'A lively and empathetic book.'Parliaments, Estates and Representation -- .Table of Contents1 The quest for accountability2 Perspectives on Parliament3 Performing scrutiny4 Catalysts versus chieftains5 Hidden servants6 Scenes of scrutiny7 Building webs of scrutiny8 Dramas at WestminsterAnnex: Methodological reflectionsReferencesIndex

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Book SynopsisThis book provides a detailed analysis of women’s involvement in litigation and other legal actions within their local communities in late-medieval England. It draws upon the rich records of three English towns – Nottingham, Chester and Winchester – and their courts to bring to life the experiences of hundreds of women within the systems of local justice. Through comparison of the records of three towns, and of women’s roles in different types of legal action, the book reveals the complex ways in which individual women’s legal status could vary according to their marital status, different types of plea and the town that they lived in. At this lowest level of medieval law, women’s status was malleable, making each woman’s experience of justice unique.Trade Review'Medieval town life has been heralded for offering women increased opportunities for economic activity and social advancement. However, the study of women in urban judicial courts complicates this picture by reporting occasions in which women violated principles of peace and equity or were themselves victims of violation. Phipps (Swansea Univ., UK) samples the legal records of the medium-sized English towns Nottingham, Chester, and Winchester, showing them to be rich sources of social history for better understanding urban justice. The cases indicate that women’s legal action was not defined primarily or solely by gender, as they were perpetrators or victims of the same kinds of misbehavior as men. Although marriage technically transferred a woman’s legal responsibility to her husband—the concept of coverture—town courts held flexible ideas about how to apply this at least until the mid-15th century, not hesitating to find a woman fully responsible for some crimes. The study of debt litigation, regulation of work and trade, public disorder, and verbal disturbances sheds light on women’s roles in urban settings, where justice and peacekeeping were seriously pursued for the profit and well-being of all within their walls.'--L. C. Attreed, College of the Holy CrossSumming Up: Recommended. Lower-division undergraduates through faculty.'Dr Phipps’ book is undoubtedly a valuable contribution to the scholarship in this field and will appeal to a wide readership.'Transactions of the Historic Society of Lancashire and Cheshire, Dr Shaun D. McGuinness'In this meticulously researched book, Teresa Phipps surfaces the working lives of women in three medieval English towns—Nottingham, Chester, and Winchester—through a quantitative and qualitative analysis of their appearances in legal records, often in the context of commercial disputes.'Speculum -- .Table of ContentsIntroduction 1 Women, town courts and customary law in context2 Commerce, credit and coverture: women and debt litigation 3 Law and the regulation of women’s work4 Violence, property and ‘bad speech’: women and trespass litigation5 Public disorder, policing and misbehaving womenConclusionBibliographyIndex

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Book SynopsisA course on the Scottish legal system is a compulsory part of undergraduate degrees in Scots Law. The Scottish Legal System sets out to present the ‘legal system and law of Scotland as a unique and constantly changing human enterprise’ and places the Scottish legal system in its broader political and social contexts. This is achieved by covering not only the central aspects of the system, such as the courts and the legal profession, but also the border areas with constitutional law and jurisprudence. This new sixth edition includes new case law on devolution and human rights issues in Scotland. This well established text provides an up-to-date treatment of all significant developments affecting the Scottish legal system. This title is included in Bloomsbury Professional's Scottish Law and Scots Law Student online services.Table of Contents1 Introduction 2 Scotland – nation and state 3 Institutions – the constitutional background 4 Institutions – courts, tribunals, judges and procedure 5 Sources of law 6 Legislation – European Union law 7 Legislation – United Kingdom Parliamentary legislation (including the Human Rights Act 1998) 8 Legislation – Acts of the Scottish Parliament 9 Legislation – United Kingdom delegated legislation 10 Legislation – Scottish delegated legislation 11 Legislation – application, construction and interpretation: statutory interpretation 12 Precedent – ratio decidendi, obiter dicta and stare decisis 13 Precedent – law reports 14 Legal services 15 Law reform Appendix 1 A note on the nature of rules Appendix 2 Scottish Courts (simplified) English and Welsh Courts (simplified) Northern Ireland Courts (simplified) Appendix 3 ‘Europe’

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Book SynopsisFocuses on the current law relating to the protection of registered trademarks and certain related rights. This includes registered trade marks, well-known trade marks, certification marks, collective marks, protested geographical origin indicators, international conventions, and passing off. There is clear explanation of the underlying principles and concepts with a breakdown of procedural matters, thereby helping to tie the different areas together. Individual topics covered include: Kit-Kat - when can 3D shape marks benefit from ‘acquired distinctiveness’? Whether colours may form part of 3D shape marks - Louboutin Infringement by ‘wrong way round’ confusion Limitations on the own-name defence Calculation of damages, and the availability of blocking injunctions This title is included in Bloomsbury Professional's Intellectual Property and IT online service.Trade ReviewNow in its fifth edition, this has become a loyal companion and has been informing users since I was a young lad. -- Shane Smyth * MARQUES Class 46 *Table of ContentsChapter 1 Introduction Chapter 2 What is a trade mark? Chapter 3 Other kinds of mark—collective and certification marks, and protected descriptions Chapter 4 Absolute grounds for refusal Chapter 5 Relative grounds for refusal of registration; trade mark functions; honest concurrent use Chapter 6 Classification Chapter 7 UK procedure for the registration of a trade mark Chapter 8 Application procedure before EUIPO Chapter 9 International conventions—the Madrid System Chapter 10 Representation Chapter 11 Invalidity Chapter 12 Revocation Chapter 13 Ownership of and dealings with trade marks Chapter 14 Infringement and parties to infringement actions Chapter 15 Defences, disclaimers and limitations Chapter 16 Comparative and misleading advertising, and malicious falsehood Chapter 17 Remedies Chapter 18 Groundless threats Chapter 19 Criminal offences Chapter 20 Passing off Chapter 21 Olympic symbols Appendices Appendix 1 Trade Marks Act 1994 Appendix 2 Regulation (EU) 2017/1001 of the European Parliament and of the Council of 14 June 2017 on the European Union trade mark (codification) Appendix 3 Directive (EU) 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks

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Book SynopsisAdult Protection and the Law in Scotland is an authoritative resource for professionals navigating the complex framework of adult protection law and practice. The Third Edition fully updates the text and includes coverage of: - The evolving understanding of wider types of harm such as hoarding behaviour and coercive control- The Revised Codes of Practice on the Adult Support and Protection (Scotland) Act 2007 and Adult Protection Committees- Human rights developments, including incorporation of the UN Convention on the Rights of the Child, authorisation of deprivation of liberty, issues with use of section 13ZA of the Social Work (Scotland) Act 1968, and local authority applications for guardianshipThis book is an indispensable guide to adult protection legislation for solicitors, social workers, mental health officers, independent advocates and care providers. This title is included in Bloomsbury Professional's Scottish Law Service, Scots Law Student Service and Scottish General P

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Book Synopsis‘Step-by-step guidance to crack the SQE.’ The Commonwealth Lawyer Journal ‘Relentlessly practical… all SQE students should invest in this book.’ Christina Blacklaws, former President of the Law Society of England and Wales ‘An Excellent book. Incredibly useful as a study aid’ Sarah Grabham, Head of Bristol Law School (UWE) Skilfully Passing the Solicitors Qualifying Examination (SQE) helps qualified lawyers, aspiring solicitors and students prepare for and pass the exam. From start to finish it provides practical guidance, tips and tools; from choosing a course provider, through to how to be admitted to the Roll of Solicitors. The SQE is heavily based on the Qualified Lawyers Transfer Scheme (QLTS), now abolished, so already an established format. This essential title will help you understand the exam, how to prepare for it and ensure what you learn will also benefit you in practice. Complementing your academic study materials, it provides insight and understanding of what you can expect from doing the SQE. It offers practical solutions around questions and challenges when studying and practising for SQE Part 1 and Part 2, such as: - What strategies will help you with the multiple choice tests? - How do you deal with emotional/vulnerable clients? - What do you do when you cannot answer your client’s or the judge’s question? - How can you maximise your chances of scoring the highest marks? Skilfully Passing the Solicitors Qualifying Examination (SQE) is an essential textbook for universities, training providers, law firms, businesses and individuals. It teaches you how to explain the law and legal principles in a clear and concise manner which directly links to how you hone your communication skills to deliver a confident performance.Trade ReviewAll SQE students should invest in this book as it will ably support them, step by step, through this labyrinthine journey and, if they follow Neeta's wise words of advice, should stand them in excellent stead to skilfully pass the SQE. -- Christina Blacklaws, former President * The Law Society of England & Wales *Best purchase in assisting with the preparation for the OSCE! Great tips and advice on how to approach this exam…Thank you Neeta Halai for this incredible book. -- Candice Turner * Admitted Attorney (South Africa)/QLTS Candidate *I...will recommend it to my students as a text to help them with their overall approach for the OSCE exam...Students who are worried about the exam...would benefit greatly. -- Sofia Parastatidou * SQE Training Course Leader, British Law Academy, Bologna, Italy *This is an excellent book that I would recommend for students looking for a general overview of SQE with some really helpful and practical suggestions and examples for studying and exam technique. The book is particularly useful to support students preparing for SQE 2, as it goes into the legal skills in some detail for which we do not currently have a dedicated textbook. Students will find this book incredibly useful as a study aid, alongside their SQE course textbook. -- Sarah Grabham * Solicitor and Head of Bristol Law School at UWE *Table of Contents1. The SQE Journey 2. Preparing for the SQE 3. SQE Part 1: Functioning Legal Knowledge (FLK) Assessments 4. Qualifying Work Experience (QWE) 5. Communication Skills 6. Managing Nerves, Fear and Failure 7. Writing in Professional English 8. SQE Part 2: Client Interviewing Skills 9. SQE Part 2: Writing the Attendance Note 10. SQE Part 2: Advocacy 11. SQE Part 2: Case and Matter Analysis 12. SQE Part 2: Legal Writing 13. SQE Part 2: Legal Drafting 14. SQE Part 2: Legal Research

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Book SynopsisPaul Harvey is an advocate at Arnot Manderson Advocates, Edinburgh and a barrister and associate tenant at Doughty Street Chambers, London. He is currently serving as an advocate depute, prosecuting serious crime, particularly serious sexual offences, in the High Court of Justiciary, Scotland. He is co-author of Mason's Forensic Medicine and Law, the seventh edition of which will be published by Bloomsbury Professional in Spring 2023.

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Book SynopsisThomsons''s Delictual Liability, seventh edition, is a highly respected account of the principles of delict in Scots law and is the standard introductory textbook on the subject.The seventh edition of this popular text has been updated throughout and provides a clear and straightforward guide through this difficult area of Scots Law. The authors have retained the style of the book but have made some structural changes to make it more relevant to the LLB course and more appealing for the current LLB student. The authors have updated chapters to include some important recent case law including McCallum v Morrison regarding assault; Paterson v Lanarkshire Heath Board regarding medical professional liability and McDonald v Indigo Sun Retail regarding employers liability. They have also deleted two chapters and distributed the relevant content more appropriately and have written a new chapter on Prescription and Limitation to more closely follow the LLB course. This title is included in Bloomsbury Professional''s Scots Law Library, Scottish Law Service and Scottish Student Service online services.

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Book SynopsisElliot Rook QC is one of the greatest barristers of his generation. He is also a complete fraud. Elliot Rook is the epitome of a highly successful, old Etonian QC. Or so everyone believes. In fact, he is an ex-petty criminal with a past that he has spent decades keeping secret. Until now… An unidentified young woman of Middle Eastern origin has been found murdered on the outskirts of Rook’s home town. Billy Barber – a violent football hooligan and white-supremacist – is accused of her murder. Barber insists that Rook must defend him. If Rook refuses, Barber will expose him, bringing crashing to the ground the life and career that Rook has spent his life building. The truth is there for the finding. But at what cost? The start of a thrilling new legal series, perfect for fans of Robert Galbraith and The Secret Barrister, written by an acclaimed QC

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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.

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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

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Book SynopsisThe use of a rape victim’s sexual history as evidence attracted intense public attention after the acquittal of footballer Ched Evans in 2017. Set within the context of a criminal justice system widely perceived to be failing rape victims, the use of sexual history evidence remains a flashpoint of contention around rape law reform. This accessible book mounts an important interrogation into the use of a victim’s sexual history as evidence in rape trials. Adopting a critical multidisciplinary perspective underpinned by feminist theory, the authors explore the role and significance of sexual history evidence in criminal justice responses to rape.Table of ContentsTable of Cases Table of Statutes Notes on Authors Acknowledgements 1. Introduction: Setting the Scene 2. A History of Rape Law in Action 3. Emergence of a Legal Regime Governing the Use of Sexual History Evidence 4. Legal Regulation: Limits and Potentialities 5. Tracking the Use of Sexual History Evidence in the Courtroom 6. The Relevance of Sexual History Evidence 7. Sexual History Evidence and Subjectivity 8. Conclusion: What Is To Be Done About Sexual History Evidence? References Index

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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?

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Book SynopsisHow are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.Trade Review“[This] powerful and important book shows the human impact of austerity… should be read by all politicians and policy advisers.” The Times“The authors are clear: legal aid in its old form has gone and ain’t coming back… We need new thinking, and this book gives a solid base to begin.” New Law Journal“A powerful case for better legal aid.” Law Society Gazette“The skill with which the authors interweave background information… with first-hand accounts of the struggling legal system, is masterful. The aim of this book is not simply to reveal the impact of Austerity on the legal system, and persons living in poverty, although it does a brilliant job of that. The authors endeavour also to offer a sense of a way forward.” Frontiers of Socio-Legal StudiesTable of ContentsConveyor Belt Justice In the Shadow of Grenfell On the Streets Christmas at the Foodbank Meeting the Real ‘Daniel Blakes’ Caught in a Hostile Environment Deserts and Droughts Heading for Breakdown Death by a Thousand Cuts A Way Forward

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Book SynopsisGlobalization is an extraordinary phenomenon affecting virtually everything in our lives. And it is imperative that we understand the operation of economic power in a globalized world if we are to address the most challenging issues our world is facing today, from climate change to world hunger and poverty. This revolutionary work rethinks globalization as a power system feeding from, and in competition with, the state system. Cutting across disciplines of law, politics and economics, it explores how multinational enterprises morphed into world political organisations with global reach and power, but without the corresponding responsibilities. In illuminating how the concentration of property rights within corporations has led to the rejection of democracy as an ineffective system of government and to the rise in inequality, Robé offers a clear pathway to a fairer and more sustainable power system.Table of ContentsGeneral Introduction; Part 1 ~ Property; Introduction to Part 1; The Meaning of Property; The Modern Constitutional Mode of Government; Sovereignty and Property; From Political Enterprise to the Modern State; The Mixing of Democracy and Despotism; Part 2 ~ Firms in the World Power System; Introduction to Part 2; Firms; The Features of Business Corporations; The Spreading of the Corporate System and Its Consequences; Coping with Firms; Towards a Sustainable World Power System.

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