Law Books

Book SynopsisExplores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges.Trade Review"Michelman has crafted a provocative book on democratic constitutionalism that deserves serious attention by persons interested not simply in Brennan's legal thought but in the debate on what makes for a decent and legitimate democracy."--David E. Marion, Political Science Quarterly "Clearly the justice would be pleased by the provocative, thoughtful, craftsmanship of this work... [A] fine contribution to scholarship."--ChoiceTable of ContentsPreface and Acknowledgments ix Chapter 1. Brennan's Constitutional Democracy 3 Constitutional Law, Constitutional Theory 3 The Paradox of Constitutional Democracy 4 Democracy, Individuals, and Self-Government 11 The Substantive Conception of Democracy 16 A Paradox of Democratic Commitment 33 The Procedural Conception of Democracy 34 The Remaining Possibility for Self-Government in Politics 51 Politics and Knowledge 54 Distrust and Democracy (Responsive Democracy with a Difference) 57 Brennan on Democracy 60 Chapter 2. Brennan's Democratic Liberalism 63 The Judge as Political Theorist 63 Liberal Political Thought 65 Justice Brennan and Liberal "Romance" 68 Community 89 Equality, Groups, and Positive Social Rights 119 Summation: Who Is Brennan to Us? 133 Epilogue 139 Index 147

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Book SynopsisWhether examining election outcomes, the legal status of terrorism suspects, or if (or how) people can be sentenced to death, a judge assumes a role that raises some of the contentious political issues of our day. This title sets forth a vision of the role of the judge.Trade Review"Aharon Barak [states] that it is precisely because judges are not politicians that they are the right people to undertake the constitutional role of ensuring that the legislature and the executive comply with legal requirements... Barak points out that tension between the courts and other branches of government is natural and it is desirable. If the courts' decisions were always welcomed by the executive, judges would not be doing their job properly. Barak's thesis is ... of fundamental importance."--David Pannick, Times of London "Learned and perceptive, this work deserves the attention of any reader interested in the role that judges play, and ought to play, in a democratic republic."--Charles Gardner Geyh, Trial "Barak sets out in a systematic way, the questions, dilemmas and solutions he has adopted as a judge. He notes the principles that should guide judges in a democratic society, when faced with constitutional questions that have implications over and above the specific concerns of the parties to a legal disput... [E]ngaging and intellectually stimulating... The Judge in a Democracy should be a must read in any course or research on judicial and constitutional politics."--Menachem Hofnung, Law and Politics Book Review "Barak argues for striking a balance between the protection of human rights and the preservation of national security interests, but is most adamant in insisting that some degree of security might have to be sacrificed in order to preserve a nation's democratic essence... Barak has done much to humanize the role of the judge. He describes the process of interpreting law as a profoundly human one, in which the adjudicator is constantly balancing, testing, agonizing."--Benjamin Soskis, Forward "The Judge in a Democracy explains that there was nothing in either the US or the Israeli constitutions allowing judges to strike down acts of the legislature. Even so, he says, the courts in both countries have held that judicial review of legislation is implied by interpretation of the constitution."--Joshua Rozenberg, Daily Telegraph "Presenting a remarkably balanced view of the power and limitations of judges, President Barak offers a comprehensive yet humble account of the role of the judiciary within a democratic society."--Harvard Law Review "Barak's writing is not merely clear, it exudes the logical structure that the modern law endeavors, and often claims, to exhibit... For the professional of law ... Barak's book may serve as the beginning of a revealing look at the social role of the law."--Mathieu Deflem, European LegacyTable of ContentsIntroduction ix PART ONE: THE ROLE OF THE JUDGE 1 Chapter One: Bridging the Gap between Law and Society 3 Law and Society 3 Changes in Legislation and in Its Interpretation 4 Changes in Society Affecting the Constitutionality of Statutes 8 Changes in the Common Law 10 Change and Stability 11 Chapter Two: Protecting the Constitution and Democracy 20 The Struggle for Democracy 20 What Is Democracy? 23 The Separation of Powers 35 Democracy and the Rule of Law 51 Fundamental Principles 57 Independence of the Judiciary 76 Human Rights 81 Criticism and Response 88 PART TWO: THE MEANS OF REALIZING THE JUDICIAL ROLE 99 Chapter Three: Preconditions for Realizing the Judicial Role 101 Judicial Impartiality and Objectivity 101 Social Consensus 107 Public Confidence 109 Chapter Four: The Meaning of Means 113 The Legitimacy of the Means 113 Operative Legal Theory 113 Judicial Philosophy 116 Chapter Five: Interpretation 122 The Essence of Interpretation 122 Purposive Interpretation 125 Purposive Interpretation of a Constitution 127 Purposive Interpretation of Statutes 136 Purposive Interpretation and Judicial Discretion 146 Purposive Interpretation and Intentionalism (or Subjective Purpose) 148 Purposive Interpretation and Old Textualism 149 Purposive Interpretation and New Textualism 152 Chapter Six: The Development of the Common Law 155 The Common Law as Judge-Made Law 155 Judicial Lawmaking 157 Overruling Precedent 158 Chapter Seven: Balancing and Weighing 164 The Centrality of Balancing and Weighing 164 Balancing and Categorization 166 The Nature of Balancing 167 Types of Balancing 170 The Advantages of Balancing 172 Critique of Balancing and Response 174 The Scope of the Balancing 175 Chapter Eight: Non-Justiciability, or "Political Questions" 177 The Role and Limits of Justiciability 177 Types of Justiciability 178 Justiciability and Public Confidence 186 Chapter Nine: Standing 190 Standing and Adjudication 190 Standing and Substantive Democracy 194 Chapter Ten: Comparative Law 197 The Importance of Comparative Law 197 The Influence of Comparative Law 198 Comparative Law and Interpretation of Statutes 199 Comparative Law and Interpretation of the Constitution 200 Use of Comparative Law in Practice 202 Chapter Eleven: The Judgment 205 Formulating the Judgment and Realizing the Judicial Role 205 The Judge as Part of the Panel 208 PART THREE: THE RELATIONSHIP BETWEEN THE COURT AND THE OTHER BRANCHES OF THE STATE 213 Chapter Twelve: Tension among the Branches 215 Constant Tension 215 The Tension Is Natural and Desirable 216 The Attitude toward the State 217 Public Officials as Trustees 220 Duties of the Individual toward the State 222 Chapter Thirteen: The Relationship between the Judiciary and the Legislature 226 The Uniqueness of the Legislature 226 Judicial Review of Legislation 229 Judicial Review of Nonlegislative Decisions of the Legislature 231 The Dialogue between the Judiciary and the Legislature 236 Chapter Fourteen: The Relationship between the Judiciary and the Executive 241 The Scope of Review 241 Judicial Interpretation and Executive Interpretation 246 Executive Reasonableness 248 Proportionality 254 PART FOUR: EVALUATION OF THE ROLE OF A JUDGE IN A DEMOCRACY 261 Chapter Fifteen: Activism and Self-Restraint 263 Definition of the Terms 263 Some Definitions and Their Critiques 267 Definition of Activism and Self-Restraint 270 The Desirability of Activism or Self-Restraint 279 Chapter Sixteen: The Judicial Role and the Problem of Terrorism 283 Terrorism and Democracy 283 In Battle, the Laws Are Not Silent 287 The Balance between National Security and Human Rights 291 Scope of Judicial Review 298 Chapter Seventeen: The Role of the Judge: Theory, Practice, and the Future 306 Theory 306 Reality 310 The Future 310 Index 317

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Book SynopsisThis is the first volume in a large-scale collaborative research project intended to focus the attention of international lawyers and social scientists on the near future of the international legal order. Sponsored by Princeton University with support from the Ford Foundation, the project seeks to stimulate research and provide an intellectual focuTable of Contents*Frontmatter, pg. i*Foreword, pg. v*The Future of the International Legal Order: A General Introduction, pg. vii*Contents, pg. xiii*1. Challenges to an Evolving Legal Order, pg. 3*2. The Interplay of Westphalia and Charter Conceptions of the International Legal Order, pg. 32*3. The World Constitutive Process of Authoritative Decision, pg. 73*4. Constitutional Structures and Processes in the International Arena, pg. 155*5. World Parties and World Order, pg. 183*6. Collective Security and the Future of the International System, pg. 226*7. The Participation of the "New" States in the International Legal Order, pg. 317*8. Approaches to the Notion of International Justice, pg. 372*9. The Prospects for Regionalism in World Affairs, pg. 463*10. The Prospects for Regional Order through Regional Security, pg. 556*Index, pg. 597*Backmatter, pg. 619

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Table of Contents*FrontMatter, pg. i*Contents, pg. vii*Preface, pg. ix*List of Tables, pg. xi*CHAPTER ONE. Introduction: Access to the U.S. Supreme Court, pg. 1*CHAPTER TWO. Philosophies of Legal Assistance and Access to the Courts, pg. 16*CHAPTER THREE. Appealing to the Supreme Court, pg. 39*CHAPTER FOUR. Getting on the Court's Decision Agenda, pg. 70*CHAPTER FIVE. Decision Making in LSP Cases, pg. 98*CHAPTER SIX. The LSP's Role in the Development of Law, pg. 123*CHAPTER SEVEN. Conclusion: Litigants, the Court, and Democracy, pg. 148*APPENDIX A: Research Methods, pg. 161*APPENDIX B: LSP Review and Success Rates by Year, 1966-1974 Terms, pg. 166*APPENDIX C: Review and Success Rates of Selected Groups before the Supreme Court, pg. 167*APPENDIX D: LSP Cases Remanded, pg. 170*APPENDIX E: Agreement Rates between Justices in LSP Cases and the Court's Entire Docket, 1966-1974 Terms, pg. 172*Bibliography, pg. 173*Table of Cases Cited, pg. 191*Index, pg. 199

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Book Synopsis

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Book SynopsisCan the use of children as soldiers be effectively regulated at an international level? Child soldiers in international law examines how international law has developed to deal with this problematic and emotive issue.Table of ContentsChild soldiers ininternational law: IntroductionPart I1. Child soldiers in the world today2. Children and children’s rights: Changing perceptionsPart II3. The United Nations and child soldiersPart III4. The legal regulation of the recruitment and use of children in hostilities: International humanitarian law5. The legal regulation of the recruitment and use of children in hostilities: International human rights law6. The legal regulation of the recruitment and use of children in hostilities: Customary internationallaw and non-state actorsPart IV7. The legal treatment of child soldiersPart V8. The recruitment of child soldiers as a war crime9. The responsibility of child soldiers for war crimesPart VI10. Child soldiers as asylum seekers and refugeesPart VII11. Child soldiers in international law: Conclusion

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Book SynopsisExplores issues including the judicial construction of racial categories, the gendered definitions of nation-states, the historical construction of citizenship, sovereignty and land rights, the limits to legality and the charting of empire, constructions of madness among colonised people, reforming property rights of married women.Table of ContentsContributorsIntroductionPart One: Colonialism’s legality1. Terminal legality: Imperialism and the (de) composition of law - Peter Fitzpatrick2. Colonization and the legal cartography of authority: English intrusions on the American mainland in the seventeenth century - Christopher Tomlins3. Reflections on the rule of law: the Georgian colonies of New south Wales and Upper Canada 1788-1837 - John McLarenPart TwoI: Imperialism and citizenship4. Race definition run amuck: ‘Slaying the dragon of Eskimo status’ before the supreme court of Canada, 1939 - Constance Backhouse5. The paradox of ‘Ultra Democratic’ governments: Indigenous peoples’ civil rights in nineteenth-century New Zealand, Canada and Australia - Patricia Grimshaw, Robert Reynolds and Shurlee Swain6. ‘When There’s No Safety in Numbers’: Fear and the franchise in the Union of South Africa, the case of Natal - Julie Evans and David Philips7. Making ‘Mad’ populations in settler colonies: the work of law and medicine in the creation of the colonial asylum - Catharine ColebornePart ThreeI: Justice, custom and the common law8. Towards a “taxonomy” for the common law: Legal history and the recognition of Aboriginal customary law - Mark Walters9. The problem of Aboriginal evidence in early colonial NSW - Nancy Wright10. Assuming judicial control: George Brown’s narrative defence of the ‘New Britain Raid’ - Helen GardnerPartFour: Land, sovereignty and imperial frontiers11. The early fate of Maori land rights in Aotearoa/New Zealand - Ann Parsonson12. ‘Because it does not make any sense’: Sovereignty’s power in the case of Delgamuukw v. The Queen, 1997 - John Borrows13. Land, conveyancing reform and the problem of the married woman in colonial Australia - Hilary Golder & Diane Kirkby14. The construction of property rights on imperial frontiers: The case of the New Zealand ‘Native Land Purchase Ordinance’ of 1846 - John WeaverPart Five: Colonialism's legacy15. International law – Recolonising the Third World?: Law and conflicts over water in the Krishna Basin - Radha D’Souza16. Historians and native title: The question of evidence - Christine Choo17. Race, gender, and history in three societies: Canada, New Zealand and Australia - Constance Backhouse, Ann Curthoys, and Ann ParsonsonIndex

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Book SynopsisNEC Managing Reality: A Practical Guide to Applying NEC3 is a series of books written by NEC experts well versed in using the NEC `at the coal face' that explain how the NEC can be used to optimum benefit in everyday environments. The second edition includes full updates to each of the five books: Introduction to the engineering and construction contract; Procuring an engineering and construction contract; Managing the contract; Managing change; Managing procedures. This new edition focuses solely on NEC3, with new practical examples from across the world. Sections on disallowable cost, defects, roles/responsibilities and schedule of cost components have been expanded and enhanced.

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Book SynopsisNEC Managing Reality: A Practical Guide to Applying NEC3 is a series of books written by NEC experts well versed in using the NEC `at the coal face' that explain how the NEC can be used to optimum benefit in everyday environments. The second edition includes full updates to each of the five books: Introduction to the engineering and construction contract; Procuring an engineering and construction contract; Managing the contract; Managing change; Managing procedures. This new edition focuses solely on NEC3, with new practical examples from across the world. Sections on disallowable cost, defects, roles/responsibilities and schedule of cost components have been expanded and enhanced.

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Book SynopsisThe Framework Contract is an entirely new NEC document and is intended for use in the appointment of one or more suppliers to carry out construction work or to provide design or advisory services on an 'as instructed' basis over a set term. This document contains the core clauses and the contract data forms. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of Contents• Core clauses • Contract Data • Index

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Book SynopsisThese guidance notes place the new Term Service Contract into context with the rest of the NEC suite of documents. They then set out the background to the contract, its provisions and guidance on when and how to use it. The procedure for setting up a contract is covered and explanations are given on the meanings of individual clauses. Worked examples are provided of contract data. Finally appendices cover the clause numbering system, sample form of tender, sample form of agreement, use as a subcontract, form of performance bond and price list. ENDORSEMENTS Construction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. FaciTable of ContentsChapter 1 • The NEC family of contracts • `A fundamental review’ • The Latham Report • Increasing use of the NEC contracts • The NEC family of contracts • Culture change • Have the NEC contracts been successful? Chapter 2 • Key principles of NEC contracts • Flexibility • Clarity • Stimulus to good management Chapter 3 • Introduction to the Term Service Contract • Purpose of the guidance notes • When should the TSC be used? • The contract • Subcontracts • Clause numbering • Roles of the parties • The Service Manager • The Adjudicator • The contract strategy • The main Options • A Priced contract with price list • C Target contract with price list • E Cost reimbursable contract • The secondary Options • W Dispute resolution • X1 Price adjustment for inflation • X2 Changes in the law • X3 Multiple currencies • X4 Parent company guarantee • X12 Partnering • X13 Performance bond • X17 Low service damages • X18 Limitation of liability • X19 Task Order • X20 Key Performance Indicators • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of contract Chapter 4 • Procedure for preparing a Term Service Contract • Preparing the tender documents • Contract Data part one • Service Information • Contract Data part two • The Price List • Inviting tenders • Preparing a tender • Assessing tenders • Creating the contract Chapter 5 • Explanatory notes on the clauses of the Term Service Contract • 1 General • 2 The Contractor’s main responsibilities • 3 Time • 4 Testing and Defects • 5 Payment • 6 Compensation events • 7 Use of equipment, Plant and Materials • 8 Risks and insurance • 9 Termination • Option W • W1 Dispute resolution • W2 Dispute resolution • Secondary Option clauses • X1 Price adjustment for inflation • X2 Changes in the law • X3 Multiple currencies • X4 Parent company guarantee • X12 Partnering • X13 Performance bond • X17 Low service damages • X18 Limitation of liability • X19 Task Order • X20 Key Performance Indicators • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of contract Appendices • 1 Clause numbering system • 2 Sample form of tender • 3 Sample form of agreement • 4 Use of the TSC as a subcontract • 5 TSC form of performance bond • 6 Price List

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Book SynopsisTo enable users to understand the operation of the Term Service Contract, this book contains flow charts which set out the procedural logic of the 57 clauses that can be presented with benefit by flow charting ENDORSEMENTSConstruction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector. BIFM supports the NEC3 Term Service ContractsTable of ContentsFlow charts • 13 Communications • 14 The Service Manager • 15 Employer provides right of access and things • 16 Early warning • 17 Ambiguities and inconsistencies • 18 Illegal and impossible requirements 10 • 20 Providing the Service • 21 The Contractor’s plan Sheets 1 and 2 • 22 Revising the Contractor’s plan • 23 Design of Equipment • 25 Working with the Employer and Others • 26 Subcontracting • 27 Other (Contractor) responsibilities • 30 Starting and the service period • 31 Access • 32 Instructions to stop or not to start work • 40 Tests and inspections • 41 Testing and inspection before delivery • 42 Correcting Defects • 43 Accepting Defects • 50 Assessing the amount due • 51 Payment • 52 Defined Cost • 53 The Contractor’s share (Option C) • 54 Price List • 60 Compensation events • 61 Notifying compensation events • 62 Quotations for compensation events • 63 Assessing compensation events • 64 The Service Manager’s assessments • 65 Implementing compensation events • 70 The Parties’ use of equipment, Plant and Materials • 80 Employer’s risks • 81 Contractor’s risks • 82 Indemnity • 83 Insurance cover • 84 Insurance policies • 85 If the Contractor does not insure • 86 Insurance by the Employer • 90 Termination • 91 Reasons for termination • 92 Procedures on termination • 93 Payment on termination • W1 Dispute resolution procedure W1 • W2 Dispute resolution procedure W2 • X1 Price adjustment for inflation (used only with Options A and C) • X2 Changes in the law • X3 Multiple currencies (used only with Option A) • X4 Parent company guarantee • X12 Partnering • X13 Performance bond • X17 Low service damages • X18 Limitation of liability • X19 Task Order • X20 Key Performance Indicators (not used with Option X12) • Y(UK)2 The Housing Grants, Construction and Regeneration Act 1996 • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 eLearning for the TSC is now available.

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Book SynopsisThis guide is written to show users how to complete the simple communication forms provided for the NEC3 Term Service Contract (TSC). Clarity of communications, in a form that can be read, copied and recorded, should assist compliance with the contract and reduce misunderstandings and disputes. ENDORSEMENTSConstruction Clients' Board endorsement of NEC3The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction. Facilities Management Board support for the NEC3 Term Service Contracts The Facilities Management Board of the Cabinet Office UK recognises that the NEC3 Term Services Contracts support good practice in FM Procurement in the public sector.Table of Contents• Foreword • Preface • Acknowledgements • Part 1 Introduction • Part 2 Early warnings • Part 3 The plan • Part 4 Compensation events • Part 5 Payment • Part 6 Task Orders • Part 7 Defects • Part 8 Managing communications • Appendix 1 Contract Data • Appendix 2 Price List

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Book SynopsisThe purpose of these guidance notes is to explain the background of the NEC3 Supply Contract, the reasons for its provisions and to provide clear yet comprehensive guidance on how to use it. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.Table of ContentsChapter 1 • Introduction • Background • Purpose of these Guidance Notes • NEC Objectives Chapter 2 • Introduction to the Supply Contract • When should the Supply Contract be used? • Application of the Supply Contract • Some features of the Supply Contract • Key terminology in the Supply Contract • Arrangement of the Supply Contract • Subcontracts • Clause numbering • Roles of the parties • The Supply Manager • The Adjudicator • The contract strategy • The Options • The Price Schedule Chapter 3 • Procedure for preparing a Supply Contract • Preparing the tender documents • Contract Data part one • Goods Information • Contract Data part two • The Price Schedule • Inviting tenders • Preparing a tender • Assessing tenders • Creating the contract Chapter 4 • Supply Requirements • Introduction • Preparing the Supply Requirements • Preparing Supply Requirements when using Incoterms Chapter 5 Explanatory notes on the clauses of the Supply Contract • 1 General • 2 The Supplier's main responsibilities • 3 Time • 4 Testing and Defects • 5 Payment • 6 Compensation events • 7 Title • 8 Risks, liabilities, indemnities and insurance • 9 Termination and dispute resolution • Option clauses • X1 Price adjustment for inflation • X2 Changes in the law • X3 Multiple currencies • X4 Parent company guarantee • X7 Delay damages • X12 Partnering • X13 Performance bond • X14 Advanced payment to the Supplier • X17 Low performance damages • X20 Key Performance Indicators • Y(UK)3 The Contracts (Rights of Third Parties) Act 1999 • Z Additional conditions of contract Appendices • 1 Clause numbering system • 2 Sample form of tender • 3 Sample form of agreement • 4 Use of the SC as a subcontract • 5 Price Schedule • 6 Contract Data - worked example

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Book SynopsisThese guidance notes explain the usage of the contract, procedures for appointing an Adjudicator, the nature of the form of agreement. Explanations are then provided on the individual clauses and worked example of contract data is provided. The second part of the book contains flow charts which set out the procedural logic of the 5 clauses that can be presented with benefit by flow charting

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Book SynopsisSave 20% on the cost of purchasing these documents seperately. This special bundle contains everything needed to run a civil and building construction project. The Engineering and Construction Contract (ECC) is the main construction contract within the NEC3 family, from which the options A-F are extracted. It contains all core clauses and secondary option clauses, together with the schedules of cost components and forms for contract data. The NEC3 ECC Subcontract (ECS) is intended for use in appointing a subcontractor where the contractor has been appointed under the NEC3 Engineering and construction options, the available secondary options, schedules of cost components and contract data. Accompanying both documents are the ECC Guidance Notes and ECC Flow Charts, which include commentary notes on the clauses contained within the contracts, and also set out the procedural logic of the contracts. Construction Clients' Board endorsement of NEC3 The Construction Clients' BoTable of ContentsNEC3: Engineering and Construction Contract (ECC) NEC3: Engineering and Construction Contract Guidance Notes NEC3: Engineering and Construction Contract Flow Charts NEC3: Engineering and Construction Subcontract (ECS) NEC3: how to write the ECC Works Information NEC3: how to use the ECC communication forms

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Book SynopsisSave 90 when buying this bundle!The Term Service Contract is intended to be used for the appointment of a supplier for a period of time to manage and provide a service. This document contains the core clauses, the three main option clauses, secondary option clauses and contract data forms. The Guidance Notes place the new Term Service Contract into context with the rest of the NEC suite of documents. They then set out the background to the contract, its provisions and guidance on when and how to use it. The procedure for setting up a contract is covered and explanations are given on the meanings of individual clauses. Worked examples are provided of contract data. Finally appendices cover the clause numbering system, sample form of tender, sample form of agreement, use as a subcontract, form of performance bond and price list. To enable users to understand the operation of the Term Service Contract, this book contains Flow Charts which set out the procedural logic of the 57 Table of Contents• NEC3: Term Service Contract (TSC) • NEC3: Term Service Contract Guidance Notes • NEC3: Term Service Contract Flow Charts • NEC3: Term Service Short Contract (TSSC) • NEC3: Term Service Short Contract Guidance Notes and Flow Charts • NEC3: how to write the TSC Service Information • NEC3: how to use the TSC communication forms

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Book SynopsisWhere the client's requirements include the provision of a building information model (BIM), the technical requirements will need to be set out in the contract documentation. This should clearly establish who is to provide what information, in what timescale and to what format and detail. This guide sets out some practical steps on using BIM with NEC3 Contracts, dealing with the contractual and technical matters that arise.Table of Contents• Foreword v • Preface vii • Acknowledgements viii • Introduction 1 • Incorporating BIM into NEC3 contracts 1 • Using the CIC Protocol 4 • ECC additional clause 6 • ECS additional clause 6 • PSC additional clause

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Book SynopsisSusan Gluck Mezey''s newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey''s earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay familiesfamilies in which at least one member is gayas they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge''s perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legiTrade ReviewMezey's work is an excellent primer on high-profile gay rights issues such as same-sex marriage and freedom of association. Superbly indexed by subject heading as well as case law, with an invaluable bibliography, and aimed at a scholarly audience, this is recommended mainly for academic and law libraries. * Library Journal *In sharing her nuanced feelings about the role of courts, Mezey also provides succint and accessible overviews of the legal issues and the case law.... Recommended. * CHOICE *A valuable resource for attorneys and scholars. * Booklist *Gay Families and the Courts is a masterful survey of American case law affecting sexual minorities in the policy areas of parenting, marriage, schools, and the Boy Scouts. In characteristic fashion, Susan Gluck Mezey distills essential judicial decisions down to accessible cores and then fashions lively narratives from the array. The chapters on the Boy Scouts and on anti-gay bullying and harassment in primary and secondary education are especially compelling. -- Daniel R. Pinello, author of Gay Rights and American Law and America's Struggle for Same-Sex MarriageMezey (political science?Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it pertains to LGBT issues is explored in an attempt to clarify where the courts stand with respect to the extent to which gay rights permeates marriage and the family, as well as the level to which a maturing framework for social change manifests itself within an evolving legal system. Mezey?s work is an excellentprimer for the researcher of high-profile gay rights issues, such as same-sex marriage and freedom of association. The manner in which judges in various states have analyzed, dissected, and parsed opposing arguments is presented in great detail. Common legal trends that cross state lines are noted, as the author explains the challenges facing plaintiffs who pursue untested notions. Mezey concludes that the concept of a constitutional guarantee of the right to same-sex marriage is doomed to failure as longas the judiciary refuses to embrace a theory of social change which incorporates a framework for marriage that includes both procreation and the social well-being of children within a society that permits marriage between members of the same sex. Supe * Criminal Law Library *Gay Americans have turned to the courts to seek full recognition of their rights not only as individuals, but as spouses, as parents, and as youth entrusted to others' care. Here, in one place, is a timely, comprehensive account of the evolving jurisprudence of these issues—and an even-handed assessment of whether this litigation-based strategy has been successful. -- Patrick Egan, Assistant Professor of Politics, New York UniversityMezey (political science–Loyola Chicago) is an established author in the legal rights realm as it relates to women and minority groups. The relationship between public policy and the law as it pertains to LGBT issues is explored in an attempt to clarify where the courts stand with respect to the extent to which gay rights permeates marriage and the family, as well as the level to which a maturing framework for social change manifests itself within an evolving legal system. Mezey’s work is an excellent primer for the researcher of high-profile gay rights issues, such as same-sex marriage and freedom of association. The manner in which judges in various states have analyzed, dissected, and parsed opposing arguments is presented in great detail. Common legal trends that cross state lines are noted, as the author explains the challenges facing plaintiffs who pursue untested notions. Mezey concludes that the concept of a constitutional guarantee of the right to same-sex marriage is doomed to failure as long as the judiciary refuses to embrace a theory of social change which incorporates a framework for marriage that includes both procreation and the social well-being of children within a society that permits marriage between members of the same sex. Superbly indexed by subject heading as well as case law, the author also provides an invaluable bibliography of print and electronic resources to assist the reader. The book is aimed at an academic audience and is thus recommended mainly for college, university, and law libraries. * Criminal Law Library *Susan Gluck Mezey has created an impressively researched and thorough account of recent litigation concerning the rights of sexual minorities in the United States….Overall, the book makes a tremendous contribution to the study of judicial policymaking and to the study of sexuality and politics by chronicling, in great detail, the litigation surrounding important elements of LGBT family life….these chapters offer an impressive overview of the litigation and the political reactions to it. Particularly useful is the discussion of the complex legal and political dynamics surrounding the brief court-mandated legalization in California and the quick enactment by votes of Proposition 8….Mezey has created a tremendous resource of students and scholars of the courts and the study of sexuality….an excellent addition to the growing scholarship on law, politics, and policies relating to sexual minorities and presents more evidence why this topic is particularly important for scholars of the judiciary. * Law and Politics Book Review *Table of ContentsChapter 1 Dedication Chapter 2 Acknowledgments Chapter 3 Introduction Chapter 4 Chapter 1: Parenting Chapter 5 Chapter 2: The Right to Marry: Part 1 Chapter 6 Chapter 3: The Right to Marry: Part 2 Chapter 7 Chapter 4: The School Setting Chapter 8 Chapter 5: The Boy Scouts Chapter 9 Conclusion Chapter 10 Cases Chapter 11 References Chapter 12 Index

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Book SynopsisTolley's Tax Cases is the only book of its kind to summarise all key court, Special Commissioners' and First-tier Tribunal decisions relevant to current direct tax legislation. Concise summaries of over 2,800 tax cases span from 1875 to the present day.

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Book SynopsisThis popular reference work contains essential information on all the main UK taxes and related subjects, conveniently arranged to save you the time and effort involved in researching a whole range of source material.

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Book SynopsisIntellectual property laws have become intricately entwined with discussions about globalization. This volume deals with the politics, economics and effects of global intellectual propertization. It provides essays covering key issues including the international relations of global intellectual propertization, the TRIPS Agreement and the tying of intellectual property issues to international trade negotiations, contentions that global intellectual propertization is a form of post-colonial neo-imperialism, globalization''s effects on intellectual property law''s classic doctrines and rationales and the cultural effects of global intellectual propertization.Table of ContentsContents: Series preface; Introduction; Part I The Politics and Economics of Global Intellectual Propertization: The international relations of intellectual property, W.R. Cornish; Why IPRs are a global political issue, Christopher May; The economics of intellectual property rights and the GATT: a view from the South, Carlos Alberto Primo Braga. Part II Trade-Linked Intellectual Property Negotiations: Lateralisms and TRIPs: Battle of lateralisms: intellectual property and trade, Robert P. Merges; Industry strategies for intellectual property and trade: the quest for TRIPS, and post-TRIPS strategies, Susan K. Sell; BITs and BIPs: bilateralism in intellectual property, Peter Drahos. Part III Neo-Imperialism? Global Intellectual Propertization in a Post-Colonial Age: The global intellectual property system and sub-Saharan Africa: a prognostic reflection, Adebambo Adewopo; North-South disputes over the protection of intellectual property, R. Stephen Richardson and James D. Gaisford; TRIPS - natural rights and 'a polite form of economic imperialism', A. Samuel Oddi; Neocolonialism, anticommons property, and biopiracy in the (not-so-brave) new world order, Keith Aoki. Part IV Globalization's Effects on Intellectual Property Law's Classic Doctrines and Rationales: The integration of international and domestic intellectual property lawmaking, Graeme B. Dinwoodie; A long strange TRIPS: the pharmaceutical industry drive to harmonize global intellectual property rules, and the remaining WTO legal alternatives available to third world countries, Robert Weissman; Harmonization and the goals of copyright: property rights or cultural progress?, Kenneth D. Crews; The globalization of private knowledge goods and the privatization of global public goods, Keith E. Maskus and Jerome H. Reichman. Part V Beyond Law: Cultural Effects of Global Intellectual Propertization: The impact of foreign investment on indigenous culture: an intellectual property perspective, Doris Estelle Long; Ha

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Book SynopsisMootz offers an antidote to the fragmentation of contemporary legal theory with a collection of essays arguing that legal practice is a hermeneutical and rhetorical event that can best be understood and theorized in those terms. This is not a modern insight that wipes away centuries of dogmatic confusion; rather, Mootz draws on insights as old as the Western tradition itself. However, the essays are not antiquarian or merely descriptive, because hermeneutical and rhetorical philosophy have undergone important changes over the millennia. To return to hermeneutics and rhetoric as touchstones for law is to embrace dynamic traditions that provide the resources for theorists who seek to foster persuasion and understanding as an antidote to the emerging global order and the trend toward bureaucratization in accordance with expert administration, violent suppression, or both.Table of ContentsPart 1 Legal Hermeneutics and Theory; Chapter 1 The New Legal Hermeneutics; Chapter 2 The Ontological Basis of Legal Hermeneutics: A Proposed Model of Inquiry Based on the Work of Gadamer, Habermas, and Ricoeur; Chapter 3 A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory; Part 2 Law, Hermeneutics and Rhetoric; Chapter 4 Rhetorical Knowledge in Legal Practice and Theory; Chapter 5 Law in Flux: Philosophical Hermeneutics, Legal Argumentation, and the Natural Law Tradition; Part 3 Critical Hermeneutics and Legal Rhetoric; Chapter 6 Nietzschean Critique and Philosophical Hermeneutics; Chapter 7 Responding to Nietzsche: The Constructive Power of Destruktion;

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Book SynopsisOffering a fascinating account of the development of women police over the past twenty years, this book refers to the author''s extended research in India to examine how the Indian experience demonstrates a valuable alternative to the Anglo-American model; not only for traditional societies but for women police in the West as well. With reference to the establishment in 1992 of all-women units in Tamil Nadu, this unique experiment proved highly successful in enhancing the confidence and professionalism of women officers and ensuring the effectiveness and efficiency of the police. At a time when policing is being rethought all over the world, not only in traditional societies, the Tamil Nadu practice illustrates important lessons for western countries that are finding it increasingly difficult to recruit and retain women officers. Natarajan''s remarkable book is an important and original contribution to the literature on gendered policing, which to date has concentrated almost exclusiTrade Review'Guided by her deep respect for the daily challenges faced by women police in Tamil Nadu, Natarajan's brilliant, insightful research reaches far beyond India. This book is a must read for anyone interested in women in policing, no matter where they live or work.' Graeme R. Newman, University at Albany, New York, USA . 'Mangai Natarajan lays out a radical thesis in this important book. She argues that true gender equality in the police does not mean that men and women officers should do the same work. Instead it means that they should be assigned to duties best suited to their skills and interests, and to their lives outside the police force.' Ronald V Clarke, Rutgers University, USA 'Mangai Natarajan’s new book Women Police in a Changing Society: Back Door to Equality is a very welcome and major contribution to the field, particularly in charting the complexities of gender equity policy in policing... Her research charted an evolution in the views of women police in traditional roles towards a preference for greater integration as their experience grew and they became more confident in their ability to carry out the full range of policing duties. She therefore makes a plausible argument for a more gradual approach to the ultimate goal of gender equity in policing depending on the specific circumstances in each policing jurisdiction.' Asian Journal of CriminologyTable of ContentsPart 1 Women Police Worldwide; Chapter 1 Women Police and Societal Change; Chapter 2 Three Decades of Research on Women Police: What Has Been Learned?; Part II Women Police in a Traditional Society; Chapter 3 Women Police in India; Chapter 4 Women Police in Tamil Nadu; Part III Studies of Women Police in Tamil Nadu; Chapter 5 Tamil Nadu Women Police in the 1980s; Chapter 6 Tamil Nadu All Women Police Units'”An Assessment; Chapter 7 Women Police in the Battalions; Part IV Women Policing in a Changing Society; Chapter 8 Reconciling the Needs of the Police, Women Officers, and Tamil Nadu; Chapter 9 Prescriptions for Twenty-first Century Women Policing: Theory, Research, and Policy;

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Book SynopsisHelps you find out how to protect your family, your money, your job, and your rights. This friendly guide also helps you discover how to: protect your child support rights; arm yourself against identity theft; clean up your credit and improve your credit score; hire the right attorney for your needs; and, draw up wills and living wills.Table of ContentsIntroduction 1 Part I: Basic Legal Stuff 7 Chapter 1: All About Our Legal System 9 Chapter 2: Do It Yourself: Solving Your Own Legal Problems 25 Chapter 3: Solving Legal Problems with an Attorney 35 Part II: Laws That Affect Your Daily Life 47 Chapter 4: Relationships, Marriage, and Divorce 49 Chapter 5: Parenting and Child Care 73 Chapter 6: The Law and Your Job 87 Chapter 7: Driving and the Law 109 Chapter 8: Privacy: Do You Really Have Any? 117 Part III: The Law and Your Money 145 Chapter 9: So You Want to Be an Entrepreneur! 147 Chapter 10: Credit: Getting It, Using It, Losing It, Rebuilding It 167 Chapter 11: Smart Spending 189 Chapter 12: Buying and Selling a Home 201 Part IV: Tough Stuff: Being Sick, Getting Older, Dying 219 Chapter 13: Your Health Care Rights 221 Chapter 14: Getting Older: We All Do It 241 Chapter 15: Estate Planning 273 Chapter 16: Death and Dying: Doing It Gracefully 291 Part V: Crime and Punishment 305 Chapter 17: Do the Crime, Do the Time 307 Chapter 18: Juvenile Law: The Times Are Changing 329 Part VI: The Part of Tens 337 Chapter 19: More Than Ten Ways to Avoid Legal Problems 339 Chapter 20: Ten Common Mistakes Consumers Make When Hiring an Attorney 345 Index 351

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Book SynopsisThe book provides an in-depth description of cross-border project financing as a technique for financing capital-intensive projects, as well as an overview of certain financing and derivative instruments currently available in the global financial markets.Table of ContentsAcronyms. About the Authors. Introduction. 1. Overview of Financial Innovations in the International Financial Markets. 2. Syndicated Eurocredit Loans. 3. Marketable Debt Securities in the International Financial Markets. 4. Depositary Receipts. 5. Interest Rate, Currency and Commodity Derivatives. 6. Off-balance Sheet Activities of Commercial Banks. 7. What is Project Financing? 8. Description of a Project Finance Transaction. 9. Advantages and Characteristics of Project Financing. 10. Appraisal Techniques in Project Financing. 11. Risk Identification and Risk Assessment in Project Financing. 12. Risk Management Techniques in Project Financing. 13. Limited-recourse Structures. Glossary of Terms. Bibliography. Index.

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

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Book SynopsisSir Edward Coke (1552-1634), the first judge to strike down a law, gave us modern common law by turning medieval common law inside-out. Through his resisting strong-minded kings, he bore witness for judicial independence. Coke is the earliest judge still cited routinely by practicing lawyers. This book breaks new ground as the first scholarly biography of Coke, whose most recent general biography appeared in 1957, and draws revealingly on Coke''s own papers and notebooks. The book covers Coke''s early life and career, to the end of the reign of Elizabeth I in 1603 (a second volume will cover Coke''s career under James I and Charles I). In particular, this book highlights Coke''s close connection with the Puritans of England; his learning, legal practice, and legal theory; his family life and ambitious dealings; and the treason cases he prosecuted.Trade Review"[Sir Edward Coke and the Elizabethan Age] is well written with flashes of brilliance." -- Sixteenth Century Journal"It would have been easy to provide a portrait of a successful if idiosyncratic lawyer, but Boyer gives us warts and all and manages to capture a real sense of the man himself." -- HISTORY"[Boyer] brings his subject vividly to life and writes with verve adn imagination, presenting a well-structured, comprehensive and impressively researched book that serves both the legal historian and the general reader very well. Sir Edward Coke and the Elizabethan Age should be considered by any student of Elizabethan history because, in exploring a great lawyer and the law, it also sheds light on politics, religion, culture and society. I will not be alone in looking forward to the second volume." -- Renaissance Studies"This is a magnificent...book. It is magnificent in that it tells an enormously affecting story that feels like a journey to Tudor England, a journey that Boyer gracefully leads, with splendid originality of voice....According to the book's (well-designed) jacket a second volume is forthcoming—and it is surely worth waiting for." -- Law, Culture, and the Humanities"This is a good book, carefully researched and written in an accessible and engaging style. It integrates the best recent scholarship which brings light to bear upon the historical milieu in which Sir Edward Coke rose to prominence." -- Australian Journal of Legal History

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Book SynopsisAre innovation and creativity helped or hindered by our intellectual property laws? In the two hundred plus years since the Constitution enshrined protections for those who create and innovate, we're still debating the merits of IP laws and whether or not they actually work as intended. Artists, scientists, businesses, and the lawyers who serve them, as well as the Americans who benefit from their creations all still wonder: what facilitates innovation and creativity in our digital age? And what role, if any, do our intellectual property laws play in the growth of innovation and creativity in the United States? Incentivizing the progress of science and the useful arts has been the goal of intellectual property law since our constitutional beginnings. The Eureka Myth cuts through the current debates and goes straight to the source: the artists and innovators themselves. Silbey makes sense of the intersections between intellectual property law and creative and innovative activity by centTrade Review"Ultimately, The Eureka Myth does truly 'chart new terrain for our understanding of . . . scientific and artistic innovation and the intellectual property that purports to sustain them' (pp.5–6). Silbey offers unique insights into the work and motivations of creators and innovators and makes an original and thoughtful contribution to the discourse on intellectual property rights. The Eureka Myth would be a good addition to an academic law library collection, and it is a worthwhile read for anyone interested in intellectual law and policy."—Morgan M. Stoddard, Law Library Journal"The purpose of intellectual property laws is to promote the 'progress of science and useful arts' by securing property rights for authors and creators . . . Silbey articulates a compelling challenge to the incentive argument . . . A compelling counter to common assumption about IP law, backed by interesting anecdotal evidence, that will interest IP law scholars and practitioners . . . Recommended."—C. Fruin, CHOICE"The Eureka Myth substantially advances our understanding of why and how artists, scientists, businesses, and the lawyers who serve them use intellectual property as part of broader strategies, and how both economic and moral claims about creativity and IP match—and mismatch—with the formal law."—Rebecca Tushnet, Georgetown University Law Center"The Eureka Myth enriches our empirical understanding of the roles that intellectual property laws play in the lives of individual creators in scientific, and more literary and artistic fields. This provocative book explains why creators sometimes under-enforce their rights, and contrary to the common assumptions of IP specialists, it shows that individual creators rarely think of intellectual property rights as an inducement to be creative."—Pamela Samuelson, Berkeley Law School"The relationship between intellectual property law and human creativity is too often assumed rather than interrogated. By listening to creators, Silbey uncovers new and different reasons why people create and how intellectual property matters. This wise and luminous book is required reading for anyone who claims to understand IP law."—Julie E. Cohen, Georgetown University"At last—a book that provides the only sound basis for sound policy. Silbey did the hard work of asking those who create why they create and what they need to keep creating. In place of phony political bromides like 'I stand with artists,' we can finally hear what artists themselves say. We should listen."—Bill Patry, Senior Copyright Counsel, GoogleTable of ContentsContents and AbstractsIntroduction: Introduction chapter abstractThe introduction introduces the book as a qualitative empirical interview study with artists, scientists, engineers and business people in creative and innovative industries. It situates the book as an investigation into the motives and mechanisms of creative and innovative work and in the context of the theoretical and quantitative literature on IP and its success at achieving the "progress of science and the useful arts," a Constitutional goal. Based on analysis of the accounts from the interviews, the introduction describes how there exists a diversity of reasons for and mechanisms by which creative and innovative work gets made and distributed, only a small part of which is intellectual property law. This challenges core principles of IP law, especially an assumption that exclusivity through property rights is essential to stimulating art, science and technological progress. 1Inspired Beginnings chapter abstractChapter 1 traces the features of a specific story form, "the origin story" throughout the interviews. An "origin story" begins with an inspired moment that sets the person or organization on its path. Origin stories serves particular purposes. They explain how a culture or society began (e.g., Genesis). They infuse an aspect of everyday life with special significance by explaining why things are as they are (e.g., "you were born that way"). They guide how things should evolve in the future (e.g., "the agreement memorializes our future intentions"). Each interviewee explains a milestone in their professional life in terms of an origin story, referring to a past that has unique significance for making sense of the present. Chapter 1 canvasses these origin stories to explain how most describe the embarkation of their work in art or science mostly due to intrinsic or serendipitous forces, unrelated to IP. 2Daily Craft: Work Makes Work chapter abstractChapter 2 explores the varied ways the interviewees describe their daily work. Similarities in accounts coalesce around the dimensions of time, space and labor. Most articulate a common respect for constant and committed daily work, focusing on the importance of physical spaces (studio, lab, desk) and time spent. Distinct metaphors and word patterns illuminate the expressive focus on time, space and labor, highlighting a misfit between IP protection and the interviewees' aspirations or expectations for reward. Interviewees describe work with natural metaphors (e.g., harvesting or fishing), implying that the physical labor dignifies the output. This contrasts with IP, which does not reward labor or time. Interviewees translate their intellectual work into tangible output, comparing their work to real or personal property. Ironically, describing the value of their work in material terms strengthens the possessive impulse manifesting as property claims that are more robust than IP law provides. 3Making Do With A Mismatch chapter abstractChapter 3 describes the transitions from beginnings and everyday work to the business of developing a career in IP-rich fields. Interviewees provide diverse accounts of "making do" in creative and innovative industries. Although some interviewees describe direct reliance on specific forms of IP, many business models rely only indirectly on IP rights. Indeed, most interviewees embrace a system of IP that is "leaky" or misaligned insofar as IP is not the optimal avenue for achieving professional goals. Interviewees rarely describe the need to exercise the full range of exclusivity to which IP law entitles them. Although IP rights are both under-enforced and over-enforced at times, the most common strategy interviewees describe is to relax IP rights in order to achieve three common goals: a sustainable business, productive and satisfying relationships, and a measure of autonomy in life and work. 4Reputation chapter abstractChapter 4 describes how interviewees value reputation and attribution. When asked to describe some of the most contentious infractions during their career, interviewees describe reputational free riding, not economic free riding. And where the two intersect (which is often, especially in the trademark context), language of dignity and desert rather than economic harm dominates. Moreover, interviewees assert a desire for reputational control from IP law where it rarely exists. This Chapter analyzes the common accounts and metaphors that predominate in stories of reputational injury – stories of family, bodily integrity and life or death. Understandably, emotions run high in this context and the language seeking to justify the entitlement to reputational control often resemble stronger rights and obligations than IP (or neighboring regimes) provide. Over-protection in these situations can lead to misuse of IP laws or an increasing frustration from artists and scientists that IP law is irrelevant to them. 5Instruction: How Lawyers Harvest IP chapter abstractChapter Five describes how IP intervenes as an external force shaping and directing art and science. IP law affecting the work's on-going vitality is largely absent until a lawyer or business partner intervenes. IP arrives later for creative and innovative work trajectory and comes with a coach. Interviewees describe lawyers as disruptive and distracting, whereas the lawyer describes herself as bringing tools to facilitate work or business. When the lawyer is welcome, it is when she has translated IP into client interests resonating with everyday work or goals. The lawyer's varied characterizations of IP in terms the client accepts correlates to jurisprudential categories of legality (e.g., natural law, distributive justice). This invites the conclusion that IP's form and purpose, shaped by legal advice and client concerns, is not predetermined by legal rules or economic principles, but is constitutive of creativity and innovation and influenced by preexisting interests and motivations. 6Distribution: How IP Circulates chapter abstractDissemination is the ultimate goal of IP and a dominant reason interviewees pursue their work. Interviewees describe managing formal and informal agreements outlining the nature and scope of distribution. These agreements vary, from free and promiscuous sharing to circumscribed and discriminating price schemes. The propertization of the work (protecting it through exclusivity) is sometimes a precondition to fulfilling distribution goals, which include: earning a living, building relationships, sustaining professional autonomy and challenging core competencies. But interviewees describe how relaxed distribution networks satisfy most personal and professional goals. Indeed, strictly controlling dissemination – what IP law provides – is only one distributional method and not the most common. This chapter analyzes the interviews for accounts of the many forms dissemination takes and the reasons for engaging in it, unpacking the relationships between exclusive rights to distribution on the one hand and dissemination as a form of professional and personal success on the other. Conclusion: Conclusion chapter abstractThe book closes with a summary of how U.S. intellectual property regimes are misaligned with the needs of and hopes for those engaging in creative and inventive work. It further suggests reasons for and ways that the IP system should remain misaligned: to promote choice and flexibility for creators and innovators (whether or not they own or claim IP rights). But the conclusion also suggests places in our IP system where some relaxation of our IP system might usefully occur in order to facilitate core concerns of IP-rich fields and their audience as accounted for in the interview data.

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Book SynopsisFrom divorce court to popular culture, alimony is a dirty word. In short, critics of alimony claim it has no place in contemporary visions of marriage as a partnership of equals. The author argues that alimony is often the only practical tool for ensuring that divorce does not treat today's primary caregivers as if they were suckers.Trade ReviewThe Marriage Buyout is a comprehensive and thorough review of alimony's history, rationale, promises, and pitfalls. To solve the dilemmas of contemporary alimony law, the book advocates a pathbreaking solution that makes 'I do' really matter. Cynthia Lee Starnes is already widely recognized for her profound insights into alimony, and this book provides an even stronger basis for that reputation. Although the book is centered on alimony, Starnes applies her analytical lens to other issues that arise at the end of marriage, providing new insights into our entire system of divorce. -- Naomi Cahn,Harold H. Greene Professor of Law, George Washington University Law SchoolThe Marriage Buyout is an unusual book: it is both entertaining and profound. Professor Starnes has produced a readable and incisive critique of alimony law within the United States and elsewhere as well as a creative framework for reform. Law students and practicing lawyers will surely benefit from her careful exposition of competing approaches to alimony. Her proposed use of a partnership buyout model would take us a long way toward a coherent and fair theory of alimony. The book should be read, and read again, by any groups involved in family law reform. -- Barbara A. Atwood,Mary Anne Richey Professor of Law Emerita, University of ArizonaProfessor Starnes rigorously analyzes our outmoded, gender-imbalanced approach to the financial effects of marital, cohabitant and co-parental relationship dissolution. Her devastating analysis makes it clear that policymakers concerned about the well-being of all family members after divorce or separation should take heed of her courageous, well-grounded and clearsighted proposals to reconceptualize economic justice in the family. -- Theresa Glennon,Temple University Beasley School of LawStarnesprovides a historic overview of alimony, detailing its evolution, justification, and criticism overtime. The first part of the book reviews the history of alimony, grounded in old legal theories that the interests of women merged with their husbands and therefore the latter had a perpetual duty to support them. This section also discusses the decline of alimony with changes in marriage law in the 1970s and the many myths that surround spousal support. Parts 2 and 3 discuss how current alimony law operates and the crisis in theories justifying it. The last part of the book offers a new theory of alimony as a buyout for stay-at-home moms who have been partners in a marriage and who have forgone income in return for raising children. This delightfully written and informative book on an overlooked subject is suited for collections on family law, feminism, and gender politics.Summing Up: Highly Recommended. * Choice *Table of ContentsAcknowledgments Introduction Part I. Alimony Reflections 1. Who Cares about Alimony? 2. Alimony's Heritage: The Helpless, the Blameless, and the Clean-Break Losers 3. Alimony and Mother Myths Part II. Alimony Mechanics 4. The Contemporary State of Alimony 5. Alimony in Context: A Comparative Perspective Part III. Alimony Theory6. Reasons Matter: Alimony, Intuition, and the Remarriage Termination Rule7. The Search for a Contemporary RationalePart IV: Alimony Reform8. A Marital Partnership Model: Alimony as Buyout9. Beyond Alimony: Lovers, Parents, and PartnersConclusionNotesIndexAbout the Author

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Book SynopsisWhite by Law was published in 1996 to immense critical acclaim, and established Ian Haney López as one of the most exciting and talented young minds in the legal academy. The first book to fully explore the social and specifically legal construction of race, White by Law inspired a generation of critical race theorists and others interested in the intersection of race and law in American society. Today, it is used and cited widely by not only legal scholars but many others interested in race, ethnicity, culture, politics, gender, and similar socially fabricated facets of American society.In the first edition of White by Law, Haney López traced the reasoning employed by the courts in their efforts to justify the whiteness of some and the non-whiteness of others, and revealed the criteria that were used, often arbitrarily, to determine whiteness, and thus citizenship: skin color, facial features, national origin, language, culture, ancestry, scientific opiniTrade ReviewWhite by Law remains the definitive work on how American law constructed a & white race at the turn of the twentieth century. Haney López has added a chapter to the new edition, a sobering analysis of how, in our own time, 'colorblind' law and policy threaten to perpetuate, not eliminate, racial inequality. A must-read -- Mae M. Ngai, author of Impossible Subjects: Illegal Aliens and the Making of Modern AmericaTen years after its initial publication, White by Law remains the definitive treatment of the naturalization cases, and provides a compelling account of the role of law in constructing race. A wonderful combination of thematic development and historical excavation, one leaves this revised edition with a thoroughgoing understanding of the ways in which citizenship functioned not only to include and exclude but as a process through which people quite literally became white by law. -- Devon W. Carbado, Professor of Law and Associate Dean, UCLA School of LawPraise for the 10th Anniversary Edition White by Law remains one of the most significant and generative entries in the crowded field of & whiteness studies. Ian Haney López has crafted a brilliant study, not merely of how & race figures in the juridical logic of U.S. citizenship, but of the ways in which law fully participates in the wholesale manufacture of those naturalized groupings we know as 'races.' A terribly important work. -- Matthew Frye Jacobson, author of Roots Too: White Ethnic Revival in Post-Civil Rights AmericaPraise for the 1st edition: Haney López performs a major service for anyone truly interested in understanding contemporary debates over racial and ethnic politics. . . . A sobering and crucial lesson for a society committed to equality and fairness. -- Martha Minow,Harvard Law SchoolHere is one work that proved challenging to review with a fresh eye, having been widely reviewed and discussed since its original publication more than 10 years ago….While one’s first question upon picking up such a book could easily be & why bother? with the re-release of an older work, in this case, the strategy works….[T]he addition of the author’s personal narrative in the Preface and his intriguing view into the future with the new conclusion will add to the book’s pedagogical value. In sum, Haney Lopez has provided a piece of scholarship worthy of bringing out a curtain call on its 10th anniversary. * Law and Politics Review *Table of ContentsPreface to the Revised and Updated Edition Acknowledgments A Note on Whiteness 1. White Lines 2. Racial Restrictions in the Law of Citizenship 3. The Prerequisite Cases 4. Ozawa and Thind 5. The Legal Construction of Race 6. White Race-Consciousness 7. The Value to Whites of Whiteness 8. Colorblind White Dominance Appendix A. The Racial Prerequisite CasesAppendix B. Excerpts from Selected Prerequisite Cases Notes Bibliography Table of Legal Authorities Index About the Author

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Book SynopsisThis groundbreaking edited volume evaluates prisoner reentry using a critical approach to demonstrate how the many issues surrounding reentry do not merely intersect but are in fact reinforcing and interdependent. The number of former incarcerated persons with a felony conviction living in the United States has grown significantly in the last decade, reaching into the millions. When men and women are released from prison, their journey encompasses a range of challenges that are unique to each individual, including physical and mental illnesses, substance abuse, gender identity, complicated family dynamics, the denial of rights, and the inability to voice their experiences about returning home. Although scholars focus on the obstacles former prisoners encounter and how to reduce recidivism rates, the main challenge of prisoner reentry is how multiple interdependent issues overlap in complex ways. By examining prisoner reentry from various critical perspectives, this volume depTable of ContentsList of TablesList of ContributorsIntroduction: Critical Reentry in the 21st CenturyKEESHA M. MIDDLEMASS AND CALVINJOHN SMILEYSECTION IInstitutions, Community, and Reentry1 Halfway Home: The Thin Line Between Abstinence and the Drug CrisisLIAM MARTIN2 Triaging Rehabilitation: The Retreat of State-Funded Prison ProgrammingALLISON GORGA3 The State’s Accomplices? Organizations and the Penal StateNICOLE KAUFMAN4 Idaho: A Case Study in Rural ReentryDEIRDRE CAPUTO-LEVINE5 Life Courses of Sex and Violent Offenders After Prison Release: The Interaction Between Individual- and Community-Related FactorsGUNDA WOESSNER, KIRA-SOPHIE GAUDER, AND DAVID CZUDNOCHOWSKISECTION IIHealth, Embodiment, and Reentry6 Mothers Returning Home: A Critical Intersectional Approach to ReentryREBECCA REVIERE, VERNETTA D. YOUNG, AND AKIV DAWSON7 Release From Long-Term Restrictive HousingLINDA CARSON8 Resilient Roads and the Non-Prison Model for WomenL. SUSAN WILLIAMS, EDWARD L. W. GREEN, AND KATRINA M. LEWIS9 Alcohol Use Disorder: Programs and Treatment for Offenders Reentering the CommunitySARA BUCK DOUDE AND JESSICA J. SPARKS10 Carceral Calisthenics: (Body) Building a Resilient Self and Transformative Reentry MovementALBERT DE LA TIERRASECTION IIIGender, Criminality, and Reentry11 Black Women Excluded From Protection and Criminalized for Their ExistenceKEESHA M. MIDDLEMASS12 The Gendered Challenges of Prisoner ReentryHALEY ZETTLER13 An Intersectional Criminology Analysis of Black Women’s Collective ResistanceNISHAUN T. BATTLE AND JASON M. WILLIAMS14 Gender Differences in Programmatic Needs for JuvenilesLAURIN PARKER AND KYLIE PARROTTA15 Prison Is a Place to Teach Us the Things We’ve Never Learned in LifeBREEA WILLINGHAMSECTION IVAccess, Rights, and Reentry16 “. . . Except Sex Offenders”: Registering Sexual Harm in the Age of #MeTooDAVID BOOTH17 Reentry in the Inland Empire: The Prison to College Pipeline With Project ReboundANNIKA YVETTE ANDERSON, PAUL ANDREW JONES, AND CAROLYN ANNE MCALLISTER18 The Politics of Restoring Voting Rights After IncarcerationTANEISHA N. MEANS AND ALEXANDRA HATCH19 Restoration of Voting Rights: Returning Citizensand the Florida ElectorateKENESHIA GRANT20 Perpetual Punishment: One Man’s Journey Post-IncarcerationTOMAS R. MONTALVO AND JENNIFER MARIE ORTIZSECTION VVoices, Agency, and Reentry21 Thoughts, Concerns, and the Reality of Incarcerated WomenCALVINJOHN SMILEY AND KEESHA M. MIDDLEMASS22 Reflections on Reentry: Voices From the ID13 Prison Literacy ProjectHALLE M. NEIDERMAN, CHRISTOPHER P. DUM, AND THE ID13 PRISON LITERACY PROJECT23 Being Held at Rikers, Waiting to Go UpstateMARQUES M.24 Reentry, From My PerspectiveABDUL-HALIM N. SHAHID25 The Journey of a Black Man Enveloped in PovertySTEVEN PACHECO26 My First 24 Hours After Being ReleasedJOSE LUMBRERASSECTION VIActivism, Liberation, and Reentry27 Money for Freedom: Cash Bail, Incarceration, and ReentryCALVINJOHN SMILEY28 Agents of Change in Healing Our CommunitiesLIZA CHOWDHURY, JASON DAVIS, AND DEDRIC “BELOVED” HAMMOND29 Rehabilitation Is Reentry: Breathing Space, a Product of Inmate DreamsROBERT GAROT30 Making Good One Semester at a Time: Formerly Incarcerated Students (and Their Professor) Consider the Redemptive Power of Inclusive EducationJAMES M. BINNALL, IRENE SOTELO, ADRIAN VASQUEZ, AND JOE LOUIS HERNANDEZ31 “I Can’t Depend on No Reentry Program!”: Street-Identified Black Men’s Critical Reflections on Prison ReentryYASSER ARAFAT PAYNE, TARA MARIE BROWN, AND CORRY WRIGHTConclusion: What’s Next for Critical ReentryCALVINJOHN SMILEY AND KEESHA M. MIDDLEMASSIndex

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Book SynopsisThe accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.Trade Review"This is a useful and careful monograph, on a very topical subject matter. It is presented with analytical legal depth and sensitiveness to practice and its needs. The conclusions reached remain on the whole measured and reasonable - rather than excessively militant. This fact strengthens the impact of the analysis. Overall, a clearly gainful and stimulating reading for all those interested in the law of armed conflict." - Robert Kolb, University of Geneva, Switzerland"Mastorodimos' monograph is an important contribution to a very topical aspect of international law: the accountability of Armed Non-State Actors in times of war and peace. The author covers all the relevant legal dimensions of International Humanitarian and Human Rights Law in depth. The writing is clear and convincing, as are his use of sources and analysis. This book is written for academics and professionals alike." - Sascha-Dominik Bachmann, Bournemouth University, UKTable of ContentsTable of Case Law, Table of International Conventions, Table of Other Agreements, Table of Documents from International Organizations, Table of Travaux Préparatoires, Table of National Documents, Table of Documents from Non-Governmental Organizations, List of Abbreviations, Preface, introduction, 1 Notion of Armed Non-State Actors, 3 obligations and Accountability of Armed Non-State Actors in international Humanitarian law, 4 obligations and Accountability of Armed Non-State Actors in international Human rights law, 5 the obligations and Accountability of Armed Non-State Actors, Bibliography, Index

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Book SynopsisParenting Coordination is a child-centered process for conflicted divorced and divorcing parents. The Parenting Coordinator (PC) makes decisions to help high-conflict parents who cannot agree to parenting decisions on their own. This professional text serves as a training manual for use in all states and provinces which utilize Parenting Coordination, addressing the intervention process and the science that supports it. The text offers up-to-date research, a practical guide for training, service provision, and references to relevant research for quality parenting coordination practice. Specifically, this book describes the integrated model of Parenting Coordination, including the Parent Coordinator''s professional role, responsibilities, protocol for service, and ethical guidelines.

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