Law Books

Book SynopsisThe Snail and the Ginger Beer tells the full story of the remarkable case of Donoghue v Stevenson which represents, perhaps, the greatest contribution made by English and Scottish lawyers to the development of the common law. It provides vivid biographical sketches of the protagonists and of the great lawyers who were involved in the case.Table of ContentsList of Illustrations Notes and Acknowledgements Prologue 1. Mrs Donoghue Travels to Paisley 2. Into the Scottish Courts 3. In the House of Lords 4. A Legal Cast List: Judges and Lawyers 5. Roots of the Neighbour Principle 6. Home Reaction 7. Into the Common World 8. Conclusion Selected Bibliography; Index

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Book SynopsisPacked with precedents, forms, checklists and statutory extracts, this book ensures you have readily to hand everything you need to prepare and present the most common insolvency applications. The new edition of this title will be an invaluable reference for all practitioners making insolvency applications in the Companies Court.Table of Contents1 Statutory Demand 2 Creditor’s Winding Up Petition against a UK Registered Company 3 Responding to a Creditor’s Petition: Notice to Attend at the Hearing of a Petition 4 Responding to a Statutory Demand: Application to Restrain the Presentation of a Petition 5 Responding to a Petition: Application to Restrain the Advertisement of a Petition 6 Responding to a Petition: Application for a Validation Order 7 Application to Rescind a Winding Up Order 8 Winding Up Petition on Just and Equitable Grounds 9 Permission to Act as a Director of a Company with a Prohibited Name 10 Application for an Administration Order 11 Application for Directions by an Administrator 12 Application by an Administrator to Sell Property Subject to Security 13 Application by a Creditor or Member Alleging Unfair Harm by an Administrator 14 Application by an Administrator to End the Administration 15 Application by a Secured Creditor to Enforce his Security/Bring Proceedings during an Administration 16 Application for Leave to Enforce Security or Seek Possession despite a Moratorium on a Creditors Voluntary Arrangement 17 Application to Appeal Decisions Made by the Chairman on a Meeting for a Creditors Voluntary Arrangement 18 Application to Challenge an Act or Decision of the Supervisor in a Creditors Voluntary Arrangement 19 Application by an Administrative Receiver for an Indemnity by Reason of the Invalidity of his Appointment 20 Application to Remove an Administrative Receiver from Office 21 Application for a Declaration that a Transaction is Invalidated by Virtue of Section 127 of the Insolvency Act 1986 22 Application to Set Aside a Transfer at an Undervalue 23 Application to Set Aside a Preference 24 Application for a Declaration that the Director has been Engaged in Fraudulent Trading 25 Application for a Declaration that the Director has been Engaged in Wrongful Trading 26 Application to Set Aside a Transaction Defrauding Creditors 27 Application under the Summary Procedure 28 Private Examinations 29 Appeal from an Order of a Registrar 30 Toolkit

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Book SynopsisThis up-to-date practitionerâs handbook covers the widest possible range of planning topics in a single volume. It will provide readily accessible answers for the busy planning professional to a whole range of problems which commonly arise in the day to day practice of planning practitioners in either the private or public sectorsTrade Review'I would commend it to any practitioner's library' From a review by Ashley Bowes, JOURNAL OF PLANNING & ENVIRONMENT LAW‘The sound analysis, range of topics, and extensive legislation and cases make this an essential practitioner’s handbook’ From a review by Robert Bruce and Jennifer Roe, LAW SOCIETY GAZETTETable of Contents1. Administration of planning law 2. Development plans and plan-making 3. Neighbourhood plans 4. Development control 5. Permitted development 6. Planning permission 7. Revocation/modification of planning permission 8. Planning conditions 9. Planning obligations 10. Community infrastructure levy 11. Purchase/blight notices 12. Viability 13 Appeals and statutory review of planning decisions 14. Enforcement of planning control 15. Lawful development certificates 16. Environmental impact assessment 17. Habitats and Species Regulations 2017 18. Development in the green belt 19. AONBs, SSSIs, National Parks & other areas of conservation 20. Contribution of national policy in protecting the natural environment 21. Powers of local authority to require land to be cleaned up 22. Tree preservation orders, trees in conservation areas & hedgerows 23. Listed buildings and conservation areas 24. Revisions to the National Planning Policy Framework (July 2018) 25. Assets of community value 26. Town and village greens 27. Public rights of way 28. Gypsies and travellers

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Book Synopsis'Wills: A Practical Guide' provides a concise summary of the law and practice of will-making for all those concerned in drafting wills, with particular reference to avoiding those issues which often given rise to litigation. The book includes useful precedents and checklists.Trade Review' …an easy to use introduction for someone new to will writing or a useful reminder for the more experienced practitioner.' From a review in Law Society Gazette.Table of ContentsPreface 1 WILLS AND OTHER DEATH DISPOSITIONS 1.1 Why make a will? 1.2 What wills can give away 1.3 What wills cannot give away 1.4 Intestacy 2 RESTRICTIONS ON TESTAMENTARY FREEDOM 2.1 Introduction 2.2 Inheritance (Provision for Family and Dependants) Act 1975 2.3 Mutual wills 2.4 Contract to leave property by will 2.5 Proprietary estoppel 3 TESTAMENTARY CAPACITY AND INTENTION 3.1 Introduction 3.2 Testator’s age and physical capacity 3.3 Testator’s mental capacity 3.4 Testator’s intention 3.5 Practical issues for the practitioner preparing the will 4 REQUIREMENTS FOR VALID EXECUTION 4.1 Introduction 4.2 A simple recipe for getting it right 4.3 Formalities in section 9 of the Wills Act 1837 4.4 Practicalities of execution 4.5 Codicils 4.6 Wills made outside England and Wales and section in 1 of the Wills Act 1963 4.7 Wills not subject to section 9 of the Wills Act 1837 5 REVOCATION OF WILLS 5.1 Freedom to revoke wills 5.2 Methods of revocation 5.3 Revocation by a later will or codicil 5.4 Revocation by destruction 5.5 Revocation by subsequent marriage or formation of a civil partnership 5.6 Effect of divorce and dissolution 5.7 Conditional revocation 5.8 Revocation and privileged wills 6 ALTERATION TO WILLS AND USE OF CODICILS 6.1 Alterations made before execution 6.2 Alterations made after execution 6.3 Use of codicils 7 CONSTRUCTION AND INTERPRETATION OF WILLS 7.1 Introduction 7.2 General principles of construction 7.3 Applying basic rules of construction 7.4 Using extrinsic evidence as an aid to construction 7.5 From which date does a will speak? 7.6 Omitting, changing and supplying words 7.7 Class gifts and the class closing rules 7.8 Defining children and other relatives 8 WHY GIFTS IN WILLS MIGHT FAIL 8.1 Reasons for failure 8.2 Disclaimer 8.3 Ademption 8.4 Lapse 8.5 Forfeiture 8.6 Beneficiary witnesses will 8.7 Uncertainty 8.8 Contrary to public policy 8.9 Gift induced by force, fear or undue influence 8.10 Doctrine of satisfaction 8.11 Abatement 9 WILLS DEALING WITH PROPERTY ABROAD 9.1 Problems caused by owning foreign property 9.2 Forced heirship 9.3 Community of property 9.4 The EU Succession Regulation 9.5 How many wills? 9.6 Helping clients to deal with local lawyers 10 LOCATING AND STORING WILLS 10.1 Storing wills 10.2 Locating lost wills 10.3 Obtaining probate in absence of the original will 11 APPOINTMENT OF EXECUTORS AND TRUSTEES 11.1 Why appoint executors? 11.2 Executors distinguished from administrators 11.3 Drafting the executor’s appointment 11.4 Who can be appointed? 11.5 Remuneration of executors 11.6 How many executors? 11.7 Executors as trustees 11.8 Limited and special appointments 11.9 Conditional, substitute and alternative appointments 11.10 Failure of appointment – divorce/annulment, renunciation and uncertainty 11.11 Protecting executors and trustees 11.12 Some other issues relating to executors 12 APPOINTMENT OF TESTAMENTARY GUARDIANS 12.1 Introduction 12.2 Who can appoint a testamentary guardian? 12.3 Requirements for a valid appointment 12.4 When does an appointment take effect? 12.5 Consequences for the guardian 12.6 Funding for guardians and trust funds 13 LEGACIES 13.1 A word on terminology 13.2 Types of non-residuary legacy 13.3 Methods of making gifts 13.4 Particular recipients 13.5 Subject matter of legacies 13.6 Relieving provisions and other qualifications attached to gifts 14 DEALING WITH THE HOME AND LAND 14.1 Initial considerations before advising the testator 14.2 Points relevant to all testamentary gifts of land 14.3 Choices for the testator 15 RESIDUARY GIFTS INCLUDING RESIDUARY TRUSTS 15.1 Need for an effective gift of residue 15.2 Value of residue uncertain 15.3 Calls on residue 15.4 Is a trust of residue always necessary? 15.5 Residuary provision 16 IMPORTANCE OF INHERITANCE TAX 16.1 Importance of inheritance tax 16.2 Death estate 16.3 Exemptions and reliefs 16.4 The rate of tax 16.5 Transferable nil rate band 16.6 Residence nil rate band 17 PLANNING A TAX-EFFICIENT WILL 17.1 Introduction 17.2 Using trusts 17.3 Making best use of the residence nil rate band 18 POWERS TO DEAL WITH INCOME AND CAPITAL 18.1 Power to apply income – section 31 of the Trustee Act 1925 18.2 Power to advance capital – section 32 of the Trustee Act 1925 19 ADMINISTRATIVE POWERS FOR PERSONAL REPRESENTATIVES AND TRUSTEES 19.1 Introduction 19.2 STEP standard provisions 19.3 Legacies to minors 19.4 Power to invest 19.5 Power to acquire land 19.6 Power to act though personally interested and to buy trust property (‘self-dealing’) 19.7 Appropriation of assets 19.8 Power to charge 19.9 Retention of directors’ remuneration 19.10 Power to employ agents 19.11 Appointment of new trustees 19.12 Power to act on counsel’s opinion 19.13 Indemnity clauses 19.14 Insurance 19.15 Power to carry on a business 19.16 Power to borrow 19.17 Exclusion of the apportionment rules 19.18 Trusts of Land and Appointment of Trustees Act 1996 20 FUNERAL AND OTHER REQUESTS 20.1 Funeral arrangements 20.2 Donation of the body and body parts 21 PRACTICAL ISSUES WHEN TAKING INSTRUCTIONS AND AT EXECUTION 21.1 Preliminary matters 21.2 Terms of the will 21.3 Executing wills 22 TIPS ON AVOIDING DRAFITING PITFALLS 22.1 Failing to make provision for an event 22.2 Internal inconsistencies 22.3 Ignorance of a legal rule APPENDICES 1 A Family Will 2 Intestacy Rules 3 Planning a Tax-efficient Will – Case Studies Index

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Book SynopsisThe second edition of this authoritative title extends the cohesive theory of mortgage receivership developed in the first edition through reference to recent cases, whilst maintaining its focus on providing practical guidance to the relevant law and procedure.Table of ContentsForeword to the Second Edition Preface to the Second Edition Table of Cases Table of Statutes Table of Statutory Instruments Table of European Material Table of Non-Statutory Material List of Abbreviations 1 INTRODUCTION 2 MORTGAGE LAW Introduction What is a mortgage? The history of mortgages The Law of Property Act 1925 The Land Registration Act 2002 Legal and equitable mortgages Redemption Statutory powers of leasing and surrender Transfer by the borrower Transfer by the lender The lender’s remedies A money claim The right to preserve the security Possession Sale Power of attorney Appointment of receivers 3 STATUTORY RESTRICTIONS ON ENFORCEMENT Introduction Insolvency Sanctions The effect of the borrower’s designation on the lender’s remedies The breathing space and mental health crisis moratoria 4 CONSUMER PROTECTION LEGISLATION Overview of regulatory framework The regulatory regime for mortgage contracts under the FSMA 2000 and the MCOB FCA regulation Consumer buy-to-let mortgage regime under the MCD Order 2015 The CCA 1974 The effect of the CCA 1974 on the steps required to enforce a mortgage Unfair credit relationships 5 APPOINTMENT Preconditions to appointment The identity of the receivers Formalities for appointment of receivers Formalities immediately following the appointment Consequences of acting under an invalid or defective appointment 6 KEY THEMES What powers do receivers have? Does the borrower retain his property rights? The deemed agency 7 THE RECEIVERS’ RELATIONSHIP WITH THE BORROWER Introduction Historical origins of the agency When the deemed agency arises The nature of the deemed agency Loss of deemed agency Summary of the deemed agency Power of attorney 8 THE RECEIVERS AND THE LENDER Before the appointment After the appointment Impact of invalid or defective appointment The lender’s liability for the receivers’ acts and defaults 9 THE RECEIVERS AND THIRD PARTIES Introduction The borrower’s pre-existing contracts Occupiers Landlords Neighbours New relationships The receivers’ liability in tort Statutory liabilities 10 THE RECEIVERS’ POWERS Introduction LPA and fixed charge receivers The statutory regime Collection of income Delegated powers Power to insure Common powers of fixed charge receivers Receivers acting beyond their powers 11 POSSESSION Introduction The receivers’ power to take possession Particular classes of occupier Possession procedure Duties The receivers in possession 12 SALE AND THE RECEIVERS Introduction The receivers’ power of sale in the mortgage condition The receivers with power to sell as the borrower could Sale under a power of attorney The receivers exercising the lender’s power of sale A hybrid: contract under borrower’s power with conveyance by lender The borrower’s death or insolvency and sale Restrictions on sale The receivers’ duties on sale 13 USE AND DISTRIBUTION OF FUNDS COLLECTED Income The borrower’s power of sale The lender’s power of sale Sanctions 14 TERMINATION Modes of termination After termination 15 LITIGATION General preliminaries Receivers’ application for directions The receivers as claimant in their own right Claims where the receivers rely on receivership powers Adverse claims made by third parties Adverse claims brought by the borrower or the lender APPENDIX TERMINATION OF LEASES Types of tenancies Types of termination Statutory continuation of tenancies Index

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Book Synopsis'Charging Orders on Land: Law, Practice and Precedents' is an authoritative and practical guide to the issues of enforcement of money judgments by obtaining a charging order over the debtorâs property and then an order for sale.. This edition also contains a new chapter on insolvency regimes.Table of ContentsForeword to the Second Edition; Foreword to the First Edition; List of Abbreviations; Civil and Family Procedure Rules – Comparison Tables; Table of Cases; Table of Statutes; Table of Statutory Instruments; Table of European Conventions 1 INTRODUCTION Introduction Overview of charging orders Brief history of charging orders 2 CIRCUMSTANCES FOR OBTAINING A CHARGING ORDER Introduction Who can apply for a charging order? Property which may be charged Exercise of the court’s discretion Commercial Rent (Coronavirus) Act 2022 Breathing Space Moratorium and Mental Health Crisis Moratorium 3 PROCEDURE FOR OBTAINING A CHARGING ORDER Procedural framework Application to the court Interim charging order Final charging order Insolvency restrictions Basic procedure tables 4 PRIORITIES AND PROBLEMS Basic rule of priority Types of interest over which a charging order can be made Protection of priority under the Land Registration Act 2002 Charging orders, mortgages and sales Other priority problems 5 DISCHARGE OR VARIATION OF A CHARGING ORDER Introduction Grounds which are open to particular applicants Grounds for discharge Grounds for variation Procedure in the courts The procedure on a reference to the First-tier Tribunal Basic procedure table 6 ENFORCEMENT Introduction Court’s jurisdiction and the appropriate court Orders for sale Appointment of a receiver Limitation 7 OTHER TYPES OF CHARGING ORDER Council Tax (Administration and Enforcement) Regulations 1992 Solicitors Act 1974, section 73 Insolvency Act 1986, section 313 Agricultural Holdings Act 1986, sections 85, 86 and 87 Landlord and Tenant Act 1927 Partnership Act 1890, section 23 Road Traffic Act 1991 Child Support Act 1991, sections 33 and 36 Mental Capacity Act 2005, section 18 Housing Act 2004, sections 49 and 50, Schedule 13 Highways Act 1980 Legal Aid, Sentencing and Punishment of Offenders Act 2012 8 INSOLVENCY Introduction Definition of insolvency Overview of individual insolvency procedures The debt respite scheme Overview of corporate insolvency procedures Insolvency restrictions APPENDICES PART A – STATUTORY MATERIAL A1 Charging Orders Act 1979 A2 Civil Procedure Rules, Part 73, Section I A3 Civil Procedure Rules, Practice Direction 73, Section I and Appendix A A4 Family Procedure Rules, Part 40 A5 Family Procedure Rules, Practice Direction 40A, Section I PART B – PRECEDENTS B1 Completed Specimen Form N379: Application for Charging Order on Land B2 Completed Specimen Form FE6: Application for Charging Order on Land B3 Completed Specimen Form N86: Interim Charging Order – Court Order B4 Witness Statement to Oppose Making of Final Charging Order B5 Order for Discharge of Charging Order where No Final Order Made B6 Completed Specimen Form N87: Final Charging Order – Court Order B6A Suggested wording for an application for a non-standard restriction B7 Standard Order 4.13 B8 Standard Order 4.14 B9 Form N244: Application Notice B10 Witness Statement in Support of Application to Discharge Final Charging Order B11 Draft Order for Discharge of Charging Order after Final Charging Order Made B12 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – I B13 Completed Specimen Claim Form (CPR Part 8): Application to Enforce Charging Order by Means of Order for Sale – II B14 Witness Statement in Support of Application for Sale – I B15 Witness Statement in Support of Application for Sale – II B16 Standard Form of Charging Order (Bankruptcy) B17 Draft Directions B18 Order: Joint Owners Tenanted B19 Order: Sole Legal Owner Overseas Entity Tenanted Index

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Book SynopsisIf justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition?If justice is an intrinsic value in Islam, why have women been treated as second-class citizens in Islamic legal tradition? Today, the idea of gender equality, inherent to contemporary conceptions of justice, presents a challenge to established, patriarchal interpretations of Shari‘a. In thought-provoking discussions with six influential Muslim intellectuals - Abdullahi An-Na’im, Amina Wadud, Asma Lamrabet, Khaled Abou El Fadl, Mohsen Kadivar and Sedigheh Vasmaghi - Ziba Mir-Hosseini explores how egalitarian gender laws might be constructed from within the Islamic legal framework.Trade Review‘Makes leading Muslim reformists’ works and arguments about gender and women’s rights accessible to a wider readership… Besides being an obvious choice for a textbook in Islam and Gender courses, Mir-Hosseini’s latest work will resonate with any readers seeking to reconcile notions like gender equality and women’s rights with outdated, patriarchal interpretations of Islam.’ * The New Arab *‘Ziba Mir-Hosseini offers us an insightful and illuminating meditation on the struggle for justice for women in Islam in recent decades. Essential reading on the subject, her book will surely become a classic.’ -- Leila Ahmed, Victor S. Thomas Research Professor of Divinity, Harvard University‘Among today’s most innovative and influential Islamic thinkers, Ziba Mir-Hosseini has worked for decades to promote gender equality in Muslim family law. The fascinating and engaging dialogues in this volume…reflect her twin commitments to conceptual precision and real-world transformation.’ * Kecia Ali, Professor of Religion, Boston University *‘Long one of our age’s most gifted scholars on Islam, gender, and equality, Ziba Mir-Hosseini has written a new book that takes readers through a conversational journey about gender equality with six leading Muslim intellectuals. Both deeply personal and scholarly, the journey’s narratives offer state-of-the-field commentaries on not just gender equality but Shari‘a law and Muslim ethics in our late-modern age. The result is one of the most important and enjoyable books on Islam and gender that I have ever read.’ * Robert W. Hefner, Professor of Anthropology and Global Affairs, Boston University *‘At once personal and scholarly, diverse yet focused on particular issues, presenting both spiritual and intellectual journeys, this work represents an original way of broaching the ever-elusive subject of gender in Islam.’ * Omaima Abou-Bakr, Professor of English and Comparative Literature, Cairo University *

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Book SynopsisThe most comprehensive examination to date of the claim that Islam, as a system of scripture, law and spirituality, is antiblackIt is commonly claimed that Islam is antiblack, even inherently bent on enslaving Black Africans. Western and African critics alike have contended that antiblack racism is in the faith’s very scriptural foundations and its traditions of law, spirituality, and theology. But what is the basis for this accusation? Bestselling scholar Jonathan A.C. Brown examines Islamic scripture, law, Sufism, and history to comprehensively interrogate this claim and determine how and why it emerged. Locating its origins in conservative politics, modern Afrocentrism, and the old trope of Barbary enslavement, he explains how antiblackness arose in the Islamic world and became entangled with normative tradition. From the imagery of ‘blackened faces’ in the Quran to Shariah assessments of Black women as ‘undesirable’ and the asserTrade Review‘[A] meticulous apologetic… Brown’s nuanced analysis highlights more egalitarian strands of the faith as well, suggesting that the Quran promotes the equality of all humans before God… Brown’s extensive scholarship on Muslim theological and legal thinkers is remarkable… Deeply researched and carefully reasoned, this is sure to spark spirited debate.’ * Publishers Weekly *‘The question Brown seeks to answer is simple, “Is Islam antiblack?” His path to an answer, however, is a complex, meandering one through many historic, cultural, social, political and religious vistas. The result is a sensitive and nuanced distinguishing between lived reality and scriptural ideal… This engaging volume will prove to be a seminal work in this area of inquiry.’ -- Imam Zaid Shakir, Professor Emeritus, Zaytuna College‘A phenomenal book on race and antiblackness in the Islamic tradition. Dr. Brown builds on the long scholarly tradition of documenting the achievements of Black African Muslims in history and skillfully addresses accusations that Islam is an antiblack religion.’ -- Habeeb Akande, author of Illuminating the Darkness‘Written with awe-inspiring insight, erudition, and elegance, what I find most refreshing about this book is its unfailing honesty and bravery. Jonathan Brown’s treatment of this historically elusive topic is highly nuanced but eminently readable, and, at times, uncomfortably honest. Without a doubt, this is the most authoritative study written to date on the topic of Islam and Blackness.’ -- Khaled Abou El Fadl, Omar and Azmeralda Alfi Distinguished Professor of Law, UCLA School of Law‘As expansive in scope as it is accessible, this daring book invites readers to join a highly relevant and hotly contested conversation. Brown asks incisive questions and follows them with erudite, creative, and sometimes provocative answers. Bound to spark debate, Islam & Blackness is invaluable for anyone seeking to understand both premodern conceptions of race and current realities of antiblack racism in a global context.’ -- Elizabeth Urban, Associate Professor of Islamic History, West Chester University

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

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Book SynopsisA no-nonsense, candid and practical consumer guide which looks at today's Will-making options of using DIY kits, Will-writers, banks, online suppliers and solicitors to make a Will. Also discussed is the appointment of executors, Will storage, the writing of a Letter of Wishes and when to review a Will. It could literally save you thousands.Trade ReviewA no-nonsense...well-written and comprehensive guide for the layperson. Manchester Law Society Messenger - August 2013 Byron points out common mistakes and traps for the unwary. I liked much about this little book, which highlights the importance of making the decisions that are correct for individuals and their heirs. Written in the same clear and practical style as Last Orders, this impressive book is a comprehensive guide for the lay person. It will equip the reader with all of the information needed to take the next step and make a good will. - STEP Journal, October 2013 I finished reading The Good Will Guide last night and I really liked it. I thought it was very well-balanced between the various types of will preparers and gave plenty of information about wills so that consumers can make up their own minds. To be honest, it was refreshing to read something on the pros and cons of various will preparers that didn't have a heavy bias one way or the other. Almost everything else I've read in this area has an agenda to push - whether it's STEP, the Law Society, Institute of Professional Will Writers, Co-op, Saga, etc. The Good Will Guide certainly deserves to be as successful as Last Orders. - Stephen Sampson, Solicitor and TEP, Edward Hayes LLP Solicitors and Advocates, September 2014.Table of Contents1 Good Will 2 Intestacy 3 First Things First 4 DIY Will Kits 5 Online Wills 6 Will-Writers 7 Banks 8 Solicitors 9 Other Will Providers 10 Charities 11 Weighing It All Up 12 Choosing Your Executors 13 Letters of Wishes 14 Storing Your Will 15 Other Matters To Consider 16 When to Review Your Will 17 Twelve Things To Do

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Book SynopsisIn a short span, this Element will delineate the general nature of legal and moral rights and the general nature of the holding of rights, and it will also sketch the justificatory foundations of rights. Hence, the Element will treat of some major topics within legal, political, and moral philosophy as it combines analytical theses and ethical theses in a complex pattern.

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Book SynopsisRuth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg''s career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.Trade Review'Scott Dodson presents leading scholars' expert perspectives on Ruth Bader Ginsburg's historic legacy and long-term agenda, both of which continue even after she is gone. Dodson's anthology details how RBG's pathmarking legal years shaped this country's policies and laws. Her dedication and forward-thinking will be memorialized in these pages for future generations to learn from.' Rebecca Gibian, journalist and author of The RBG WayFrom the first edition: 'Scott Dodson, the editor of this volume, has brought together an impressive group of law professors, lawyers, historians, and journalists to write about Justice Ruth Bader Ginsburg's legacy.' Barbara Babcock, Stanford Law School, on SCOTUSblogFrom the first edition: 'The Legacy of Ruth Bader Ginsburg artfully chronicles Justice Ginsburg's prolific career and intersperses engaging personal perspectives.' Harvard Law ReviewFrom the first edition: '[A] terrific compilation of essays.' Susan Burgess, Ohio University, in Law & Society ReviewFrom the first edition: 'Now this - this is something that I like.' Justice Ruth Bader Ginsburg, in the New York TimesTable of ContentsPart I. Shaping a Legacy: 1. Notes on a life Nina Totenberg; 2. Ruth Bader Ginsburg: law professor extraordinaire Herma Hill Kay; 3. Before Frontiero there was reed: Ruth Bader Ginsburg and the constitutional transformation of the twentieth century Linda K. Kerber; 4. Struck by stereotype: Ruth Bader Ginsburg on pregnancy discrimination as sex discrimination Neil S. Siegel and Reva B. Siegel; 5. Beyond the tough guise: Justice Ginsburg's reconstructive feminism Joan C. Williams; Part II. Rights and Remedies: 6. 'Seg Academies,' taxes, and judge Ginsburg Stephen B. Cohen; 7. A more perfect union: sex, race, and the VMI case Cary Franklin; 8. Barriers to entry and justice Ginsburg's criminal procedure jurisprudence Lisa Kern Griffin; 9. A liberal justice's limits: Justice Ruth Bader Ginsburg and the American criminal justice system Aziz Z. Huq; Part III. Structuralism: 10. A revolution in jurisdiction Scott Dodson; 11. Ruth Bader Ginsburg and the interaction of legal systems Paul Schiff Berman; 12. The once and future federalist Deborah Jones Merritt; Part IV. The Jurist: 13. Reflections on the confirmation journey of Ruth Bader Ginsburg, summer 1993 Robert A. Katzmann; 14. Justice Ginsburg: demosprudence through dissent Lani Guinier; 15. Oral argument as a bridge between the briefs and the court's opinion Tom Goldstein; 16. Fire and ice: Ruth Bader Ginsburg, the least likely firebrand Dahlia Lithwick; Ginsburg, optimism, and conflict management Scott Dodson; Index.

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Book SynopsisHow can America get back to an energy transition that''s good for the economyandthe environment? That''s the question at the heart of this eye-opening and richly informative dissection of the Trump administration''s energy policy. The policywasardently pro-fossil fuel and ferociously anti-regulation,implementedby manipulating science and economic analysis, putting oil and gas insiders at the helm of environmental agencies, and hacking away at democratic norms that once enjoyed bipartisan support. The impacts on the nation''s health, economy, and environment were - as this book carefully demonstrates - dire. But the damage can be reversed. Ordinary Americans, civil society groups, environmental professionals, and politicians at every level all have parts to play in making sure the needed energy transition leaves no one behind. This compelling book will appeal to course instructors and students, government and industry officials, activists and journalists, and everyone concerned about thTrade Review'With America's Energy Gamble, public policy expert Shanti Gamper-Rabindran lays out a stark case that powerful oil and gas interests have, with considerable help from the outgoing Trump administration, gained control of the lever arms of our energy and environmental policy apparatus. Our economic competitiveness, the health of our environment, and the livability of our planet are all now threatened. Read this book to be informed about the threat and armed with the knowledge of what can be done in the Biden era to undo the damage and right the course.' Michael E. Mann, Penn State University; author of The New Climate War'America's Energy Gamble deserves a wide audience. It makes two important contributions to our understanding of the Trump era. As the first book-length treatment of Trump's aggressive environmental deregulation, it thoroughly exposes the tenuous moorings of that campaign, including its shaky connection to its economic goals. Equally importantly, it reveals the affirmative side of Trump's agenda: not just opposition to business regulation of every kind (though that was a factor), but the vision of fossil fuels as a route to national prosperity.' Dan Farber, University of California, Berkeley; author of Contested Ground: How to Understand the Limits of Presidential Power'The book traces how US decades-long policies to favor oil and gas extraction, while running rough shod over communities in “energy sacrifice zones,” paved the way for the Trump administration's destructive policies. It highlights how the administration's anti-science and anti-democratic decision-making perpetuated the grip of the oil and gas industry when economic prudence and human survival demand a transition to renewable energy.' Daniel Kammen, University of California, Berkeley and Senior Advisor for Energy, Climate & Innovation, US Agency for International Development'In detailing the actions and consequences of four years of the Trump Administration, Professor Gamper-Rabindran has wisely focused in on one important sector: US oil and gas. Her target audience is both scholars and the informed public, a target she has reached admirably, despite the difficulties in avoiding appearing partisan. Her writing is very readable, well-documented, comprehensive and enlightening.' Charles D. Kolstad, Stanford Institute for Economic Policy Research, and author of Environmental Economics'A critical reflection on the barrage of Trump Administration deregulation in the oil and gas sector at the expense of public and environmental health. She [Gamper-Rabindran] methodically reviews why and how this deregulation occurred alongside the effects of these processes on Americans as efforts are made to transition away from oil and gas, and international initiatives are undertaken to address threats posed by climate change...an incredibly timely read that shows, based on the impacts of Trump-era oil and gas expansion and deregulation, how cynical, self-serving, and dangerous those developments would be for the country's economy, public health, and climate.' Alaina Boyle, Human EcologyTable of Contents1. Introduction; Part I. America's Energy; 2. Oil and gas: the quest for energy dominance; 3. Renewable energy: setbacks, successes and strategies for the energy transition; Part II. America's Lands; 4. Public and private lands: extraction and infrastructure versus competing economic pursuits; 5. Native American lands: respect for tribes' rights vs. encroachment; Part III. America's Seas; 6. Oceans: drilling v. competing use of coasts and seas; 7. Backtracking on safety: risking another BP oil spill; Part IV. America's Regulatory Process. 8. Science: undermining facts to understate regulatory benefits; 9. Economics: skewing analyses to justify weaker regulations; 10. Law: anti-regulatory statutory interpretations and reshaping the judiciary; Part V. The Global Climate; 11. Endangering the climate: attacking global cooperation, state governments' leadership and the private sector's economic restructuring; 12. America at crossroads.

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Book SynopsisTwenty-first-century constitutions now typically include a new ''fourth branch'' of government, a group of institutions charged with protecting constitutional democracy, including electoral management bodies, anticorruption agencies, and ombuds offices. This book offers the first general theory of the fourth branch; in a world where governance is exercised through political parties, we cannot be confident that the traditional three branches are enough to preserve constitutional democracy. The fourth branch institutions can, by concentrating within themselves distinctive forms of expertise, deploy that expertise more effectively than the traditional branches are capable of doing. However, several case studies of anticorruption efforts, electoral management bodies, and audit bureaus show that the fourth branch institutions do not always succeed in protecting constitutional democracy, and indeed sometimes undermine it. The book concludes with some cautionary notes about placing too much hTrade Review'In an age when integrity and democracy are under unprecedented pressure, Mark Tushnet's description of emerging constitutional 'best practice' worldwide – systematic, realistic, and unemotional – helps to launch a new debate on whether, and how, the civic virtues that underpin good governance might be better institutionalized for all.' A. J. Brown, Professor of Public Policy & Law, Griffith University; Board Member, Transparency International'For a discipline that has inexplicably remained focused on the role of apex courts for much of its existence, comparative constitutional studies should welcome Mark Tushnet's new book on the fourth branch as a sorely necessary intervention in the field. Mark captures the intuition that there is something distinctive about this new category of constitutional actors, increasingly popular with constitution makers, with characteristic insight and scholarly rigour. His characterization of the fourth branch as comprising 'institutions to protect constitutional democracy' will no doubt encourage other theoretical attempts to find an appropriate conceptual substitute for the numerical placeholder for this branch. This book is an essential read for anyone interested in understanding constitutions, their functions, and their limits.' Tarunabh Khaitan, Professor of Public Law and Legal Theory & Hackney Fellow in Law, Wadham College, University of Oxford'In this already indispensable work on the theory and practice of designing innovative government structures to protect constitutional democracy, Tushnet brilliantly and carefully appraises existing 'fourth branch' institutions. A scholarly provocation favoring decentralized structures and remedies with more face-to-face interactions, the book demands reading by all serious scholars of constitutional government.' Vicki C. Jackson, Laurence H. Tribe Professor of Constitutional Law, Harvard Law SchoolTable of Contents1. Introduction; 2. Why a fourth branch – the structural logic; 3. Why a fourth branch – the functional logic; 4. Design issues in general; 5. Design principles in practice – a survey; 6. Anticorruption investigations – case studies from Brazil and South Africa; 7. Electoral commissions – case studies from India, the United States, and South Korea; 8. Audit agencies; 9. Conclusion.

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Book SynopsisThis book provides the first study on digital constitutionalism in Europe. The research explains the European constitutional reaction to the challenges of digital capitalism while exploring a normative perspective to protect fundamental rights and democracy in the algorithmic society based on the path of European digital constitutionalism.

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Book SynopsisThe Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. TTrade Review'This concise, yet almost encyclopedic collection of essays will help readers cut through the breathtaking complexity of Brexit as it relates to the most difficult issue of Northern Ireland. With outstanding entries on the relevant procedures, institutions, and concepts, as well as a host of substantive sectors, this volume will become an indispensable legal handbook for the generation that must now grapple with untangling the UK from Europe while keeping further troubles at bay.' Daniel Halberstam, Eric Stein Collegiate Professor of Law and Director of the European Legal Studies Program at the University of Michigan Law School'This book is an invaluable and highly readable guide to the formidable complexities of the Protocol and its implications for everyone living on the island of Ireland. There are many who will talk about the Protocol, but until you read this book you cannot really say that you fully understand it.' Gerard Hogan, Justice Gerard Hogan, Supreme Court of Ireland, formerly Advocate General of the Court of Justice of the European Union 'The Protocol has been a central matter of Brexit political debate. However, it is first and foremost a legal instrument with consequences in domestic and international law. This is the first book on the Protocol's many legal dimensions. Bringing together a uniquely qualified group of global experts, the book is an important contribution to navigating the Protocol. Is at once is the key legal text on the Protocol, a must-read for those concerned with the political consequences of the Protocol, and a valuable source of information in plain language, for anyone concerned to cut through the rhetoric to understand what the Protocol is and does.' Christine Bell, Professor of Constitutional Law, Edinburgh School of Law, University of Edinburgh'Brexit and the Northern Ireland Protocol have given rise to more issues of constitutional law, the results of a complex bundle of treaties and legislation, than any other single incident in UK constitutional history. There is no underlying or unifying concept. No lawyer would ever design such a complicated structure from scratch. This book is an analysis of the most important issues. It explains them as clearly as possible, and provides a practical and thoughtful basis on which lawyers in the UK, in both parts of Ireland, and the EU on which this unprecedented structure can proceed. The courts of Northern Ireland have the great responsibility of making it intelligible, and making it work.' John Temple Lang, former Head of the Legal Service, of the European Commission'The Ireland-Northern Ireland Protocol regulates the most contentious intersection of the UK and EU legal orders as Brexit unfolds. This excellent volume, analysing the Protocol's legal effect across all dimensions, will be essential reading for anyone interested in the future of EU-UK relations.' Oran Doyle, Trinity College DublinTable of Contents1. Introduction Christopher McCrudden; 2. The 1998 agreement: Context and status Colin Harvey; 3. Legal structure, rights and enforceability Paul Craig; 4. Committees of the protocol Katy Hayward; 5. Dispute settlement Jan Wouters; 6. Interpreting the protocol Stephen Weatherill; 7. International rules on treaty interpretation Steven Ratner; 8. Good faith Christopher McCrudden; 9. The status of the withdrawal agreement in United Kingdom law Catherine Barnard; 10. The protocol in northern Ireland law Gordon Anthony; 11. The protocol in Irish law David Fennelly; 12. Human rights and equality Christopher McCrudden; 13. The charter of fundamental rights Bernard McCloskey; 14. The common travel area Imelda Maher; 15. Citizenship and identity in northern Ireland Colin Murray; 16. Citizenship beyond Irish and British Tobias Lock; 17. The Irish Sea customs border Anna Jerzewska; 18. Competition Vincent Power; 19. State aid George Peretz; 20. Environment and trade Mary Dobbs and Viviane Gravey; 21. Free movement of services Gavin Barett; 22. Public procurement Catherine Donnelly; 23. Law enforcement and judicial cooperation in criminal matters Gemma Davies; 24. Jurisdiction, choice of law and enforcement of foreign judgments David Kenny; 25. Safeguard provisions Billy Melo Araujo and Stephen Brittain.

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

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

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Book SynopsisThere is an urgent need for responsible governance of Artificial Intelligence systems. This Handbook maps important features of responsible AI governance and demonstrates how to achieve and implement them at the regional, national and international level.Trade Review'… an indispensable and thought-provoking resource for shaping the future of AI and its societal impact.' Matija Franklin, PrometheusTable of ContentsIntroduction; Part I. Foundations of Responsible AI: 1. Artificial Intelligence – Key Technologies and Opportunities Wolfram Burgard; 2. Automating Supervision of AI Delegates Jaan Tallinn and Richard Ngo; 3. Artificial Moral Agents – Conceptual Issues and Ethical Controversy Catrin Misselhorn;4. Risk Imposition by Artificial Agents – The Moral Proxy Problem Johanna Thoma; 5. Artificial Intelligence and its Integration into the Human Lifeworld Christoph Durt; Part II. Current and Future Approaches to AI Governance: 6. Artificial Intelligence and the Past, Present and Future of Democracy Mathias Risse; 7. The New Regulation of the European Union on Artificial Intelligence – Fuzzy Ethics Diffuse into Domestic Law and Sideline International Law Thomas Burri; 8. Fostering the Common Good – An Adaptive Approach Regulating High-Risk AI-Driven Products and Services Thorsten Schmidt and Silja Voeneky; 9. China's Normative Systems for Responsible AI – From Soft Law to Hard Law Weixing Shen and Yun Liu; 10. Towards a Global Artificial Intelligence Charter Thomas Metzinger; 11. Intellectual Debt – With Great Power Comes Great Ignorance Jonathan Zittrain; Part III. Responsible AI Liability Schemes: 12. Liability for Artificial Intelligence – The Need to Address both Safety Risks and Fundamental Rights Risks Christiane Wendehorst; 13. Forward to the Past – A Critical Evaluation of the European Approach to Artificial Intelligence in Private International Law Jan von Hein; Part IV. Fairness and Non-Discrimination in AI Systems: 14. Differences that Make a Difference – Computational Profiling and Fairness to Individuals Wilfried Hinsch; 15. Discriminatory AI and the Law – Legal Standards for Algorithmic Profiling Antje von Ungern-Sternberg; Part V. Responsible Data Governance: 16. Artificial Intelligence and the Right to Data Protection Ralf Poscher; 17. Artificial Intelligence as a Challenge for Data Protection Law – And Vice Versa Boris Paal; 18. Data Governance and Trust – Lessons from South Korean Experiences Coping with COVID-19 Haksoo Ko, Sangchul Park and Yong Lim; Part VI. Responsible Corporate Governance of AI Systems: 19. From Corporate Governance to Algorithm Governance – Artificial Intelligence as a Challenge for Corporations and their Executives Jan Lieder; 20. Autonomization and Antitrust – On the Construal of the Cartel Prohibition in the Light of Algorithmic Collusion Stefan Thomas; 21. Artificial Intelligence in Financial Services – New Risks and the Need for More Regulation? Matthias Paul; Part VII. Responsible AI Healthcare and Neurotechnology Governance: 22. Medical AI – Key Elements at the International Level Fruzsina Molnár-Gábor and Johanne Giesecke; 23. 'Hey Siri, How Am I Doing?' – Legal Challenges for Artificial Intelligence Alter Egos in Healthcare Christoph Kroenke; 24. Neurorights – A Human-Rights Based Approach for Governing Neurotechnologies Philipp Kellmeyer; 25. AI-Supported Brain-Computer Interfaces and the Emergence of 'Cyberbilities' Boris Essmann and Oliver Mueller; Part VIII. Responsible AI for Security Applications and in Armed Conflict: 26. Artificial Intelligence, Law and National Security Ebrahim Afsah; 27. Morally Repugnant Weaponry? Ethical Responses to the Prospect of Autonomous Weapons Alex Leveringhaus; 28. On 'Responsible AI' in War – Exploring Preconditions for Respecting International Law in Armed Conflict Dustin A. Lewis.

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Book SynopsisThere is no issue more central to a legal order than responsibility, and yet the dearth of contemporary theorizing on international responsibility law is worrying for the state of international law. The volume brings philosophers of the law of responsibility into dialogue with international responsibility law specialists. Its tripartite structure corresponds to the three main theoretical challenges in the contemporary practice of international responsibility law: the public and private nature of the international responsibility of public institutions; its collective and individual dimensions; and the place of fault therein. In each part, two international lawyers and two philosophers of responsibility law address the most pressing questions in the theory of international responsibility law. The volume closes with a comparative ''world tour'' of the responsibility of public institutions in four different legal cultures and regions, identifying stepping-stones and stumbling blocks on the path towards a common law of international responsibility.Table of ContentsTheorizing international responsibility law, an introduction Samantha Besson; Part I. International Responsibility of Public Institutions: Public and/or Private?: 1. From 'respondere' to 'responsibility': A Roman lawyer's gloss on the international law of state responsibility Dario Mantovani; 2. Change in the law of international responsibility André Nollkaemper; 3. State responsibility: an outsider's view R. A. Duff; 4. Responsibility of states for wrongdoing: who is to decide? Alon Harel and Julian Kulaga; Part II. International Responsibility of Public Institutions: Collective and/or Individual?: 5. Responsibility as opportunism: the responsibility of international organizations Jan Klabbers; 6. Responsibility of members of an international organization: collective and/or individual? Paolo Palchetti; 7. International responsibility for global environmental harm: collective and individual Liam Murphy; 8. Justifying liability for state remedial duties Sandy Steel; Part III. International Responsibility of Public Institutions: Fault-Based or Not?; 9. Responsibility or liability: is it really that simple? Pierre d'Argent; 10. Causation, fault, and function in the rules of attribution Sean Fleming; 11. Time travel in the law of international responsibility Jean d'Aspremont; Part IV. Responsibility of Public Institutions: A World Tour: 12. The responsibility of public authorities in China Frédéric Constant; 13. Liability of public institutions in Middle Eastern law Chibli Mallat; 14. The responsibility of public institutions in Africa: a legal framework in the making Ousmane Oumarou Sidibé; 15. State responsibility from a Central European perspective Krzysztof Wojtyczek; 16. Comparative and prospective comments on the 'world tour' of the concept of public responsibility Mireille Delmas-Marty; Conclusion: responsibility at the crossroad between philosophy and law Pierre-Marie Dupuy.

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Book SynopsisCourts around the world regularly issue rulings on the socioeconomic rights of citizens, but the impact of these decisions varies widely. This book compares the experiences of two very assertive high courts in Colombia and Argentina to examine the differing impacts of landmark socioeconomic rights decisions.Trade Review'Courts that Matter is the best book on judicial impact I've read in some time. Botero's key empirical contribution is to highlight the use of monitoring mechanisms and collaborative oversight arenas by courts seeking to avoid some longstanding pitfalls facing effective implementation of their decisions. The book's theoretical contribution is even more ambitious. Botero shows that at their best, judicial institutions sometimes collaborate with other key actors in the state and civil society to foster increased attention to, and deliberation about, entrenched practices of rights violation. Rather than displacing democratic politics from the outside, court decisions sometimes create new political spaces in which democratic politics can proceed.' Thomas Moylan Keck, Michael O. Sawyer Chair of Constitutional Law and Politics, Syracuse University Maxwell School of Citizenship and Public Affairs'Courts That Matter is a must read for anyone interested in the big 'so what?' question of judicial politics: Do landmark court judgments make a difference in practice? – and, if so, when? and how? Through rigorous analysis of iconic judgments, Botero brings out their multidimensional influence on larger processes of change, and convincingly argues that monitoring mechanisms and legally empowered civil society organizations are significant in coproducing impact.' Siri Gloppen, Professor of Comparative Politics and Founding Director, Centre on Law & Social Transformation, University of Bergen'This insightful study offers a careful and detailed comparative analysis of when and how courts can make a difference in complex socioeconomic rights cases. This is a must read for anyone interested in how rights can have an impact on the ground.' David Landau, Mason Ladd Professor and Associate Dean for International Programs, Florida State University College of Law'In Courts that Matter, Sandra Botero squarely faces the challenging question of when and how these non-elected, non-representative political actors become effective agents of social change. Botero convincingly shows that whereas courts have 'neither purse nor sword' they do have much more than 'merely judgement'. After rendering decisions in socioeconomic rights, courts can deploy a series of oversight mechanisms that help coordinate advocacy organizations and political actors to turn them into real social transformation. A series of well-crafted and engaging analyses of courts' decisions in Argentina, Colombia, and India provide compelling evidence of the argument and shed light on its nuances. Courts that Matter is a great resource for social scientists, legal scholars, activists, and judges alike.' Julio Ríos-Figueroa, Professor of Political Science and Law, ITAM, Mexico City'Courts have become central actors in some democracies of the Global South. This book specifies the social and institutional mechanisms that have made this phenomenon possible. Sandra Botero makes a fundamental contribution to understanding the long-standing debate on the ability of judges to bring about significant social and political change through their decisions.' Mauricio García Villegas, Professor of Politics and International Relations, National University of ColombiaTable of Contents1. Introduction; 2. Co-producing judicial impact; 3. Collaborative oversight arenas; 4. Assessing the effects of monitoring mechanisms and legal constituencies; 5. Low impact cases; 6. Collaborative Monitoring in India; 7. Conclusions; 8. Appendices.

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

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Book SynopsisEnmity, a state or feeling of mutual opposition or hostility, became a major social problem during Europe's transition to modernity between 1500 and 1800. This book transforms our understanding of that process, exploring how ordinary people felt about their enemies, the violence it engendered and the solutions that helped create modern society.Trade Review'Based on extensive research in several languages, this book is the first major study of enmity across western Europe in the early modern period. Stuart Carroll argues that enmity remains one of the greatest challenges to liberal democracy and, as such, the concept of enmity remains of central importance today. This book makes a direct challenge to our very understanding of early modern Europe and it is an original and significant contribution to the histories of the state, violence, the law, and emotions.' Jonathan Davies, University of Warwick'… a seminal work of meticulous scholarship and solidly recommended addition to personal, community, college, and university library European History collections and supplemental curriculum studies lists.' James A. Cox, Midwest Book Review'Stuart Carroll's latest book is testimony to a career of reading in multiple archives and languages. It vividly synthesises a large body of new historical scholarship into a coherent vision of the early modern obsession with justice, and the violent paths that people trod on their quests for it.' Colin Rose, Times Literary SupplementTable of ContentsIntroduction; Italy; 1. The use of the law; 2. The politics of vendetta; 3. The culture of vendetta; 4. The decline of vendetta; Germany; 5. Rethinking the feud; 6. The culture of enmity in Early Modern Germany; 7. Sühne: the theory and practice of peace-making; France; 8. Village politics and vendetta; 9. Peace and justice under the absolute monarchy; England; 10. Justice and violence; 11. Enmity in Early Modern England; Comparisons; 12. The experience of enmity; 13. Enmity and sacred space; 14. Living with the enemy.

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Book SynopsisThis volume describes and critically analyzes the international and regional frameworks of trademark law. A valuable resource for scholars, practitioners, and policy-makers, the book also provides comparative perspectives on substantive issues in trademark law and related fields, such as geographic indications, advertising law, and domain names.Trade Review'With brands assuming ever greater importance and value in the global market, this work is a much needed, comprehensive and insightful contribution from leading global experts.' Francis Gurry, Director General, World Intellectual Property Organization'Trademark law, and its policy underpinnings, are experiencing an unprecedented period of dynamism and diversity; this substantial volume meets the consequent need for an authoritative and systematic survey of this brisk evolution, internationally and in key national jurisdictions.' Antony Taubman, Director, Intellectual Property, Government Procurement and Competition Division, World Trade Organization'All regions of the world continue to promote brand protection to enhance the value of goods and services for economic development. This book is a remarkable resource for diverse stakeholders, including users, policy makers, lawyers and academics.' Fernando dos Santos, Director General, African Regional Intellectual Property Organization (ARIPO)'Just from looking at the table of contents - and, even more, the list of contributors - one knows that this is a must-read book for anyone practicing or writing in the field of trade mark law.' Sir Robin Jacob, Hugh Laddie Professor of IP Law, University College London'Comprising a pantheon of leading specialists on trademark law from around the world, this Handbook is by far the most comprehensive and important collection of commentary on international and comparative trademark law yet produced.' Barton Beebe, John M. Desmarais Professor of Intellectual Property Law, NYU School of Law'A truly useful resource for lawyers, policy makers and academics, this volume offers a highly relevant and up-to-date collection in the field. The editors have assembled a stellar group of authors, who masterfully discuss complex issues from many jurisdictions.' Alexander von Mühlendahl, Attorney-at-Law, Bardehle Pagenberg, and Visiting Professor, Queen Mary University of LondonTable of ContentsPart One. International Aspects of Trademark Protection; Part Two. Comparative Perspectives on Trademark Protection; Part II.

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Book SynopsisWe, the King reveals how ordinary subjects aided and abetted law-making in the Spanish Empire, demonstrating how its policies, racial categories, and society were created from the bottom up. An important study for scholars of Colonial Latin America, this work reassesses our understandings of kingship, empire, race, and colonialism.Trade Review'Meticulously researched and beautifully written, We, the King unveils the labyrinthine petitioning process involved in enacting thousands of legislative decrees and reveals how diligent vassals shaped colonial policies and categories of difference. It dismantles the standard view of the Spanish colonial state as the architect of legal rule that was all-seeing and all-pervasive. This outstanding work should be required reading for all colonial Latin Americanists.' Nancy E. van Deusen, author of Global Indos: The Indigenous Struggle for Justice in Sixteenth-Century Spain'Adrian Masters has produced an ambitious study of early modern bureaucracy, law-making, and subaltern agency. Deeply researched and carefully written, We, the King is an indispensable resource for scholars of the Iberian empire.' Michelle McKinley, author of Fractional Freedoms: Slavery, Intimacy and Legal Mobilization in Colonial Lima, 1600–1700'In this tour de force analysis of lawmaking in the early modern Spanish empire, Adrian Masters reveals that not only were the king's New World vassals co-creators of royal law, but most provocatively, that it was their petitions to the crown that helped codify the human differences that would inform the caste system.' S. Elizabeth Penry, author of The People Are King: The Making of an Indigenous Andean Politics'Adrian Masters masterfully unpacks the powerful legal fiction of the King of Spain and Emperor of the Indies, demonstrating that the world's first global empire was a contingent and collective enterprise made by paper-peddling brokers and subalterns. A must read for anyone interested in the early modern history of empires and governance.' Mark Thurner, author of History's Peru: The Poetics of Colonial and Postcolonial HistoriographyTable of ContentsList of figures; List of tables; Acknowledgments; Prelude: A Peruvian pestizo at the Spanish Court; Introduction: the collective making of an empire; 1. Paper ceremonies for a global empire: Gobierno petitions and the collective work of Voluntad; 2. The co-creation of the Imperial Logistics Network; 3. Distant kings, powerful women, prudent ministers: the gendered creation of the Council of the Indies; 4. Lawmaking in a portable council: Gobierno decision-making technologies before 1561; 5. 'Bring the Papers:' Royal decision-making and the power of archives in Madrid, 1561–1598; 6. Creating the royal decree: format, phraseology, and petitioners' transformation of Indies law; 7. Pedro Rengifo's epilogue: subjects of chance; Conclusions; Index.

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Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 201 contains the 2019 judgement on preliminary objections of International Court of Justice in Certain Iranian Assets (Iran v. United States), 2020 judgement of Inter-American Court of Human Rights in the Lhaka Honhat v. Argentina case, and 2021 judgement of the United Kingdom Supreme Court in General Dynamics UK Ltd v. Libya.Table of Contents1. Certain Iranian Assets (Islamic Republic of Iran v. United States of America); 2. Hossou and Adelakoun v. Republic of Benin; 3. Commissaire Général aux Réfugiés et aux Apatrides v. Mostafa Lounani; 4. Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina; 5. International Bank for Reconstruction and Development (IBRD) Court Fees Case; 6. Regina (Akarcay) v. Chief Constable of West Yorkshire Police; 7. Local Authority B v. X, V and T; 8. London Borough of Barnet v. AG and Others and Secretary of State for Foreign, Commonwealth and Development Affairs; 9. Houghton v. USA; 10. General Dynamics United Kingdom Ltd v. State of Libya.

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Book SynopsisThis collection is the first to comprehensively examine the implications of AI technology on legal and regulatory systems. Featuring experts from Europe and the US, this book will appeal to scholars of law, economics, and public policy, as well as readers generally interested in emerging legal questions related to algorithms.Trade Review'There is a shift in the academic debate from the 'if' to the 'how' AI should and could be regulated. This volume covers a broad range of fields, from robotics to copyrights and financial services, all united in one question: what would a regulatory framework that allows us to de-mystify algorithms and get to grips with the commercialisation of data look like? The regulatability of AI is the key issue of our times. The ten contributions provide dense up-to-date information and enticing inspiration in the search for societally acceptable solutions.' Hans W. Micklitz, European University Institute'A timely book that finely addresses a crucial issue in the age of digitalization - the governance of algorithms - and helps to identify a new and necessary field of legal studies.' Ugo Pagallo, University of Turin'The ubiquity of algorithms in many areas of our lives has become one of the burning issues of our time, with legislators and policy-makers around the world grappling with the many challenges associated with Artificial Intelligence and Algorithms. This development is significant for many disciplines, including law. This collection of essays examines many of the legal issues of AI and algorithms and illustrates just how complex an area this has become. It will be welcomed by any reader interested in understanding the many legal and ethical questions which need to be resolved.' Christian Twigg-Flesner, University of Warwick'The book accomplishes a difficult task. It is an excellent source for those who dive for the first time into the legal challenges that AI poses to law … The book is written in such a clear manner that it allows an interdisciplinary understanding. The authors and editors should be applauded for the clarity with which they explore an extremely complex subject.' Francisco de Elizalde, PrometheusTable of ContentsPreface; 1. Robotics and Artificial Intelligence: The Present and Future Visions Sami Haddadin and Dennis Knobbe; 2. Regulating AI and Robotics: Ethical and Legal Challenges Martin Ebers; 3. Regulating Algorithms – How to De-Mystify the Alchemy of Code? Mario Martini; 4: Automated Decision-Making under Article 22 GDPR: Towards a More Substantial Regime for Solely Automated Decision-Making Diana Sancho; 5. Robot Machines and Civil Liability Susana Navas; 6. Extra-contractual Liability for Wrongs Committed by Autonomous Systems Ruth Janal; 7. Control of Algorithms in Financial Markets – the Example of High Frequency Trading Gerald Spindler; 8. Creativity of Algorithms and Copyright Susana Navas; 9. 'Wake Neutrality' of Artificial Intelligence Devices Brian Subirana, Renwick Bivings and Sanjay Sarma; 10. The (envisaged) Legal Framework of Commercialisation of Digital Data within the EU Björn Steinrötter.

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Book SynopsisThis book examines the Colombian experiment with robust rights protections and traces how those rights came to be meaningful in citizens' everyday lives, allowing them to claim access to goods like healthcare. It develops a novel approach to legal mobilization that is both relational and interactive.Trade Review'Taylor's excellent book details how rights, etched into the surface of a society and its politics through inclusion in a constitutional text, slowly begin to sink down and structure interactions among citizens, the relationship between citizens and the state, and the state itself. Using extensive fieldwork and original data from Colombia and South Africa, Taylor shows how legal mobilization moves this process along – a process she describes as the social and legal embedding of the constitution. The book fills an important gap in constitutional studies by addressing the transition from rights on paper to rights in action.' Daniel M. Brinks, University of Texas at Austin'The Social Constitution describes the process through which social rights transit from the constitutional text to the core of the normative and empirical expectations of regular citizens, judges, and sociopolitical actors. Cycles of legal claim-making and judicial receptivity to demands of healthcare or housing breathe life into constitutional rights, progressively weaving the social fabric. Because the success of these processes is contingent and by no means assured, The Social Constitution insightfully identifies the conditions that make it more likely. Combining clear conceptualization, straightforward arguments, and careful in-depth empirical analysis on Colombia, Whitney Taylor's book is an outstanding contribution to one of the fundamental issues in constitutional theory, judicial politics, and sociolegal analysis.' Julio Ríos-Figueroa, ITAM (Mexico City)'The Social Constitution is a brilliant, important contribution to the scholarship on legal mobilization, institutional innovation, and social change. Professor Taylor offers a theoretically sophisticated argument analyzing legal arrangements that are practical, democratic alternatives to neoliberalism in and beyond the Global South. The project is anchored in compelling bottom-up empirical research attentive to both the positive possibilities and vexing constraints of embedded law for advancing social justice. Highly recommended!' Michael McCann, University of Washington'Whitney Taylor is emerging as a leading thinker in a new wave of scholarship on law and courts. In The Social Constitution, she draws on a wealth of data to carefully unpack the social and legal dimensions of the embedding of social constitutional rights. Moving beyond the field's traditional focus on countries in the Global North and an emphasis on civil and political rights, Taylor sheds new light on how and why constitutions matter.' Lisa Vanhala, University College London'In this uncommonly elegant book, Whitney Taylor single-handedly reframes our understanding of the social welfare promises found in many of the world's constitutions, showing with rich and subtle data that rights to healthcare, housing, clean water, and so much more have the potential to become real in the lives of ordinary people when supported from below by ongoing litigation, and from above by receptive judicial rulings. A compelling analysis, brimming with important ideas, and powerfully supported with a range of evidence.' Charles Epp, The University of KansasTable of Contents1. Introduction: the social constitution; 2. Constitutional embedding through legal mobilization; 3. Expectations and transformations of Colombian constitutional law; 4. Social embedding; 5. Legal embedding; 6. Challenges to embedding: legal legibility; 7. Challenges to embedding: power struggles; 8. Challenges to embedding: workload; 9. Partial constitutional embedding: the case of South Africa; 10. Conclusion. Social constitutionalism and the politics of rights; Appendix: interviewees.

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Book SynopsisThis book is the first to lay out the detailed relationship between economic property rights, transaction costs, and information costs. It uses these concepts to develop a theory of economic property rights to explain why life is organized the way it is. Applications range from marriage and dueling to homesteading and ownership of wildlife.Trade Review'This new Third Edition of Economic Analysis of Property Rights carries one of the greatest classics of economics into the twenty-first century. Starting with unusually rigorous definitions of transaction costs, property rights, and resources, Barzel and Allen lay out a fruitful framework for analyzing institutions and employ it to generate a stunning array of insights into a wide variety of real-world situations. This book is essential reading for economists, legal scholars, policymakers, and anyone else who wants a fresh take on the way institutions work.' Henry E. Smith, Harvard Law School'As is fitting for a Third Edition of Economic Analysis of Property Rights by Yoram Barzel and Douglas W. Allen, there is a lot to learn in this new volume. The authors have been leaders in the New Institutional Economics. They examine property rights, transaction costs, information costs, organizations, and institutions. They describe how these arrangements coordinate and direct economic behavior and impact human welfare. Global economic performance depends more upon property rights and related structures of production than upon demographic, intellectual, and natural resource endowments. The topics addressed in this new edition are critical for understanding why.' Gary D. Libecap, University of California, Santa Barbara, and National Bureau of Economic ResearchTable of ContentsPart I. Conceptual Issues: 1. The Neoclassical Problem; 2. Economic Property Rights; 3 : Transaction Costs; 4. Information Costs; 5. The Theory of Economic Property Rights; Part II. Contracts, Organizations, and Institutions: 6. Exchange, Contracts, and Contract Choice; 7. Divided Ownership and Organization; 8. Institutions; Part III. Establishing Property Rights: 9. Capture in the Public Domain; 10. Forming Property Rights; 11. Benefits of the Public Domain; Part IV. Non Price Allocation and Other Issues: 12. Non-wage Labor Markets; 13. Property Rights in Non-Market Allocations; 14. Additional Property Rights Applications; 15. The Property Rights Model; Bibliography; Index.

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Book SynopsisWhen and how did the modern world become an international one? Jens Bartelson, a leading scholar of the history of international thought, provides new answers to this question by analyzing how relations between polities have been conceptualized across different historical contexts from the sixteenth century to the present day. A global intellectual history of the international system, this book challenges the widespread assumption that this system emerged as a result of a transition from empires to states, instead proposing that the international realm is but a continuation of imperial relations by other means. Showing how the international system spread through the creative appropriation of European concepts of nation and state by non-Europeans, Bartelson argues that this system has taken on a life of its own, to the point of becoming an empire in its own right.Trade Review'Lucid, learned, and challenging, Becoming International is Jens Bartelson's most ambitious work to date. Its unfailingly critical perspective questions our most fundamental categories - the international and the imperial, the global and the planetary - and will productively reframe myriad pressing contemporary debates.' David Armitage, Author of Foundations of Modern International Thought'With characteristic boldness, erudition, and conceptual sophistication, Jens Bartelson traces the emergence, proliferation, and ideological functions of the idea that we live in an 'international realm' - a world divided into sovereign states - and how this belief system has framed understandings of politics and disguised the continuity of imperial forms of rule. Original, erudite, and ambitious, Becoming International is a major contribution to political theory and the history of international thought.' Duncan Bell, University of CambridgeTable of Contents1. Making sense of the international; 2. Dividing the world; 3. Empire and independence c.1776-–c.1825; 4. Empire and self-determination c. 1820–c.1919; 5. The empire of the international; 6. From the international to the global and beyond?.

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Book SynopsisWith the promise of greater efficiency and effectiveness, public authorities have increasingly turned to algorithmic systems to regulate and govern society. In Algorithmic Rule By Law, Nathalie Smuha examines this reliance on algorithmic regulation and shows how it can erode the rule of law. Drawing on extensive research and examples, Smuha argues that outsourcing important administrative decisions to algorithmic systems undermines core principles of democracy. Smuha further demonstrates that this risk is far from hypothetical or one that can be confined to authoritarian regimes, as many of her examples are drawn from public authorities in liberal democracies that are already making use of algorithmic regulation. Focusing on the European Union, Smuha argues that the EU''s digital agenda is misaligned with its aim to protect the rule of law. Novel and timely, this book should be read by anyone interested in the intersection of law, technology and government.

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Book SynopsisFeldman explains the secretive world of drug pricing deals that push patients into more expensive drugs. This book is intended for an audience of policymakers, scholars, jurists, higher education students, journalists, and general interest readers and aims to provide an accessible, easy-to-read tour of issues faced by the pharmaceutical industry.Table of ContentsPreface; 1. Introduction; 2. The landscape – where do the dollars flow; 3. PBMs and insurers; 4. Pharmacies, doctors, and patient groups; 5. May your drug price be ever green; 6. Solutions.

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

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

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

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