Law Books
Straightforward Publishing Understanding And Controlling Inheritance Tax
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£9.49
Straightforward Publishing Buying And Selling Property At Auction
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£9.49
Scribe Publications Servants of the Damned: giant law firms and the
Book SynopsisA long-overdue exposé of the astonishing yet shadowy power wielded by the world’s largest law firms. Though not a household name, Jones Day is well known in the halls of power, and serves as a powerful encapsulation of the changes that have swept the legal profession in recent decades. Founded in the US in 1893, it has become one of the world’s largest law firms, a global juggernaut with deep ties to corporate interests and conservative politics. A key player in the legal battles surrounding the Trump administration, Jones Day has also for decades represented Big Tobacco, defended opioid manufacturers, and worked tirelessly to minimise the sexual-abuse scandals of the Catholic Church. Like many of its peers, it has fought time and again for those who want nothing more than to act without constraint or scrutiny — including the Russian oligarchs as they have sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, New York Times Business Investigations Editor and bestselling author David Enrich at last tells the story of ‘Big Law’ and the nearly unchecked influence these firms wield to shield the wealthy and powerful — and bury their secrets.Trade Review‘A withering study of how big law got into bed with the 45th president … Informative and disturbing … as much a rebuke of one large firm as it is an indictment of Trump’s Republican party.’ -- Lloyd Green * The Guardian *‘A blistering study.’ -- Lawrence Douglas * TLS *‘Servants of the Damned is a feat of thoughtful, detailed research, rendering with clarity and even compassion the moral drift of ‘big law.’ As an attorney, I found it illuminating — but this is important reading for anyone concerned about law and policy.’ -- Ronan Farrow, Pulitzer Prize–winning author of Catch and Kill‘This fascinating book is somehow both devastating and rollicking all at the same time. Enrich brings us into the room to watch how a modest law firm built on honourable service gradually becomes an uber-shield for the worst of American greed and abuse — all in the quest for enormous billable profits and outsized power. From handling a fatal gas explosion to terrorising a tobacco whistleblower to aiding Donald Trump, it's all in here.’ -- Carol Leonnig, Pulitzer Prize–winning co-author of A Very Stable Genius and author of Zero Fail‘A fast-moving, damning book … Essential reading for students of the Trump corruption machine.’ -- Kirkus Reviews, starred review‘The legal industry has sold its soul to deep-pocketed corporations and polarising politicians, according to this impassioned indictment of international law firm Jones Day and its peers … Enrich’s history of Jones Day probes the corrosion of ethics after the advent of law firm ads in the 1970s touched off a spiral of money-grubbing, and sketches engrossing vignettes of the predatory culture that resulted … a vivid, crackling account of the law at its most bullying. Readers will be outraged.’ * Publishers Weekly *Praise for Dark Towers: ‘A revelatory book about the rise and fall of the world’s biggest bank … Has all the elements of a page-turning mystery novel.’ * Washington Post *Praise for Dark Towers: ‘Enrich compellingly shows how unchecked ambition twisted a pillar of German finance into a reckless casino where amorality and criminality thrived.’ * New York Times Book Review *Praise for Dark Towers: ‘In Dark Towers, David Enrich tells the story of how one of the world’s mightiest banks careened off the rails, threatening everything from our financial system to our democracy through its reckless entanglement with Donald Trump. Darkly fascinating and yet all too real, it’s a tale that will keep you up at night.’ -- John Carreyrou, Pulitzer Prize winner and New York Times bestselling author of Bad Blood
£17.00
Kingston Imperial The Secret Files: Bill Deblasio, The NYPD, and
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£21.74
Springer Nature Switzerland AG SCOTUS 2021: Major Decisions and Developments of
Book SynopsisEach year, the Supreme Court of the United States announces new rulings with deep consequences for our lives. This fourth volume in Palgrave’s SCOTUS series describes, explains, and contextualizes the landmark cases of the US Supreme Court in the term ending 2021. With a close look at cases involving key issues and debates in American politics and society, SCOTUS 2021 tackles the Court’s rulings on voting rights, Obamacare, LGBT rights, climate change, college sports, property rights, separation of powers, parole for youth offenders, immigration, religious liberty, free speech, and more. Written by notable scholars in political science and law, the chapters in SCOTUS 2021 present the details of each ruling, its meaning for constitutional debate, and its impact on public policy or partisan politics. Finally, SCOTUS 2021 offers an analysis of the legacy of Justice Ruth Bader Ginsburg.Table of ContentsChapter 1: Introduction: The 2020-2021 Term at the Supreme CourtChapter 2: Alston v. NCAA on the Anti-trust Challenge to College Sports Chapter 3: BP v. Baltimore on Climate Change Chapter 4: Brnovich v. DNC on Voting Restrictions Chapter 5: California v. Texas on Obamacare Chapter 6: Cedar Point Nursery v. Hassid on Property Rights Chapter 7: Collins v. Mnuchin & US v. Arthrex on Separation of Powers Chapter 8: Federal Republic of Germany v. Philipp on Extra-territorial Rights Claims Chapter 9: Fulton v. City of Philadelphia on Free Exercise of Religion and LGBT Rights Chapter 10: Jones v. Mississippi on Life Without Parole for Youth Offenders Chapter 11: Mahanoy Area School District v. B.L. on Free Speech in High School Chapter 12: Pereida v. Wilkinson on Deportation of Noncitizens Chapter 13: Roman Catholic Diocese of Brooklyn & South Bay Pentecostal on Religious Liberty and the Pandemic Chapter 14: Tanzin v. Tanvir on RFRA and Damages Against Federal Officials Chapter 15: Torres v. Madrid on Use of Force Under the Fourth Amendment Chapter 16: Uzuegbunam v. Preczewski on Campus Free Speech Chapter 17: The Legacy of Justice Ruth Bader Ginsburg
£18.74
Springer International Publishing AG General Average and Risk Management in Medieval
Book SynopsisThis open access book explores the history of risk management in medieval and early modern European maritime business, focusing particularly on 'General Average' – a mechanism by which extraordinary expenses regarding ship or cargo, incurred during a voyage to save the venture, are shared between all participants to protect equity. This volume traces the history of this risk management tool from its origins in the pre-Roman Mediterranean through to its use in the shipping sector today. Contributions range from the Islamic Mediterranean to the Low Countries, and taken together, provide a wide-ranging analysis of social, cultural, and political aspects of pre-modern maritime commerce in Europe. Table of ContentsPart 1: Why and How Risk is Shared.- 1. Introduction: Sharing Risks, on Averages and Why they Matter; Maria Fusaro.- 2. General Average and All the Rest: The Law and Economics of Early Modern Maritime Risk Mitigation; Ron Harris.- 3. Risky Narratives: Framing General Average into Risk-Management Strategies (13th-16th Centuries); Giovanni Ceccarelli.- Part 2: Origins and Variants of Mutual Protection.- 4. General Average in Byzantium; Daphne Penna.- 5. Rules and Practices of General Average in the Islamic Mediterranean on the Eve of the Emergence of the Italian Communes; Hassan Khalilieh.- 6. Principles and Developments of General Average: Statutory and Contractual Loss Allowances from the Lex Rhodia to the Early Modern Mediterranean; Andrea Addobbati.- Part 3: The Iberian Experience.- 7. The ‘Mutualisation’ of Maritime Risk in the Crown of Castile, 1300-1550; Ana María Rivera Medina.- 8. General Average, Compulsory Contributions and Castilian Normative Practice in the Southern Low Countries (Sixteenth Century); Gijs Dreijer.- 9. The Nautical Republic of the Carrera de Indias: Commerce, Navigation, Casos Fortuitos and Avería Gruesa in the Sixteenth Century; Marta García Garralón.- Part 4: The Genoese Experience.- 10. General Average in Genoa: Between Statutes and Customs; Antonio Iodice.- 11. The Economic Structure of Maritime Trade Calling at the Port of Genoa through the Analysis of General Average Data (16th-17th centuries); Luisa Piccinno.- 12. Financing and Risk in Genoese Maritime Trade during the Eighteenth Century: Strategies and Practices; Andrea Zanini.- Part 5: Mature Systems.- 13. Divide and Rule: Risk Sharing and Political Economy in the Free Port of Livorno; Jake Dyble.- 14. GA Adjustments in Amsterdam: Reinforcing Authority through Transparency and Accountability (late Sixteenth - early Seventeenth Century); Sabine Go.- 15. ‘The Honour of Giving my Opinion’: General Average, Insurance and the Compilation of the Ordonnance de la Marine of 1681; Lewis Wade.
£31.49
Springer International Publishing AG Constitutional Framework of European Labour Law
Book SynopsisThe challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.Table of Contents 1.Introduction.- 2.Constitutionalisation of Labour Law.- 3.Horizontal application of fundamental rights.- 4.Collective Labour Law.- 5.Individual Labour Law.
£113.99
De Gruyter Das Recht der Leistungsstörungen
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£116.02
JCB Mohr (Paul Siebeck) Anlegerschutz durch Produktverbote auf
Book SynopsisVor allem Kleinanleger treffen ihre Anlageentscheidung unter dem Einfluss verschiedenartiger Rationalitätsdefizite. Aus Sicht des Gesetzgebers genügt es deshalb nicht, sie allein durch Maßnahmen des Informationsmodells vor nachteiligen Anlageentscheidungen zu schützen. Mit dem Instrument der Produktintervention kann die BaFin seit 2015 daher das Inverkehrbringen bestimmter Finanzprodukte zum Zwecke des Anlegerschutzes untersagen. Martin Gerding weist nach, dass dieser paternalistische Regelungsansatz mit dem marktrational-optimistischen Verständnis des Informationsmodells vereinbart werden kann. Dazu analysiert er die Systematik des neuartigen Produktinterventionsregimes, ergründet die Legitimation paternalistisch motivierter Marktzugangsbeschränkungen für Kleinanleger vor dem Hintergrund verhaltensökonomischer Erkenntnisse und erarbeitet Hinweise für eine rechtssichere Handhabung der Produktintervention in der behördlichen Anwendungspraxis. Die Arbeit wurde mit dem Wissenschaftspreis der Juristischen Gesellschaft Osnabrück-Emsland 2021 ausgezeichnet.
£73.15
Springer International Publishing AG Environmental Law and Economics
Book SynopsisThis anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective.Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.Table of ContentsPart I: Foundations.- 1. Sustainable Development and Regulation (Klaus Mathis).- 2. Temporal Spillovers (Bruce R. Huber).- 3. Environmental Law and Economics in Europe (Sebastian Heselhaus).- 4. Defending Environmental Economic Instruments against the Economists and their Opponents (Felix Ekardt and Jutta Wieding).- 5. Escaping the Epistemic Trap (Malte-Christian Gruber).-6. Pope Francis’s and Singaporeans’ Insights on Environment and Economics (Evelyne Fiechter-Widemann).- Part II: Sustainable Regulation.- 7. Behavioural Law & Economics and Sustainable Regulation (Philipp Hacker and Georgios Dimitropoulos).- 8. How to not Introduce Market-based Instruments into Environmental Regulation (Florian Stangl).- 9. Purchasing Energy-Efficient Appliances – To Incentivise or to Regulate? (Renate Schubert).- 10. Incentives Matter for Depolluting Rivers: The Case of the Ganga (RégisLanneau).- 11. Overcoming Nanomaterial Uncertainties: A Responsive Governance Framework (Julian Schenten, Martin Führ and Kilian Bizer).- 12. The Choice of Regulatory Instruments for a Circular Economy (EléonoreMaitre-Ekern).- 13. Governing Environmental Issues through Indicators (Myriam Senn).- Part III: Climate Change.- 14. Emission Trading Systems: A Coasean Answer to Climate Change?.- (Rolf H. Weber).- 15. Caught Between WTO Rules and Climate Change (Elena Cima).- 16. Behavioural and Evolutionary Approach to the Law and Economics of Cap-and-trade (RuteSaraiva).- 17. Climate Change, Environmental Damage and Migration: A Law and Economics Perspective (Philip C. Hanke).- Part IV: Tort and Criminal Law.- 18. Lender Liability for Environmental Damage – Some Preliminary Thoughts on Efficiency and Justification (Piotr Tereszkiewicz).- 19. Between Love Canal and Rada di Augusta: The Optimal Liability for Environmental Damage in American and European Law from the Perspective of Behavioural Law and Economics (Mariusz J. Golecki and JaroslawBoldowski).- 20. An Economic Analysis of Liability and Compensation for Harm from Large-scale Solar Climate Engineering Field Research (Jesse L. Reynolds).- 21. Environmental Criminal Law: A Vital Part of the Regulatory Framework (Konstantina Papathanasiou).
£141.80
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Handbook Industry 4.0: Law, Technology, Society
Book SynopsisThe handbook presents an overview of Industry 4.0 and offers solutions for important practical questions. The law and its current challenges regarding data assignment (who owns the data? / EU guidelines), data security, data protection (General Data Protection Regulation), cyberattacks, competition law (right to access vs. monopolists, permissible and prohibited exchanges of information, possible collaborations) is the point of departure. In turn, the book explores peculiarities in specific areas of Industry 4.0 (Internet of Production, mechanical engineering, artificial intelligence, electromobility, autonomous driving, traffic, medical science, construction, energy industry, etc.). The book’s closing section addresses general developments in management, the digital transformation of companies and the world of work, and ethical questions.Table of ContentsPart I Legal Aspects.- Part II Production.- Part III Transport, Logistics and Construction.- Part IV Electrical and Information Engineering, Mathematics.- Part V Energyie, Georesources und Material Technology.- Part VI Medicine and Healthcare.- Part VII Management and Working Environment.- Part VIII Humanities and Social Sciences.
£237.49
Books on Demand Victims in Trials of Mass Crimes: A
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£16.62
V&r Academic Geschichte Und Zukunft Des Urheberrechts IV
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£42.50
HarperCollins Publishers Inc Beyond the Body Farm
Book SynopsisA pioneer in forensic anthropology, Dr. Bill Bass created the world''s first laboratory dedicated to the study of human decomposition—three acres on a hillside in Tennessee where human bodies are left to the elements. His research has revolutionized forensic science, but during a career that has spanned half a century, Bass and his work have ranged far beyond the gates of the Body Farm.In this riveting book, the renowned bone sleuth explores the rise of modern forensic science and takes readers deep into the real world of crime scene investigation. Beyond the Body Farm is an extraordinary journey through some of the most fascinating investigations of Dr. Bass''s career—and a remarkable look at the high-tech science used to crack the most perplexing cases.
£16.14
HarperCollins Publishers Inc When a Killer Calls A Haunting Story of Murder
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£19.79
Oxford University Press Inc The Movement The African American Struggle for
Book SynopsisTrade ReviewWith this latest work, Holt envisions a more complete Civil Rights Movement, one that reveals exactly what was at stake for Black Americans at the micro and macro levels of the time in their quest for equality...This book holds up a mirror to a pivotal, progressive, and painful time in this nation's past, which is precisely what Americans need more of right now. * A. O. Yeboah, CHOICE *Despite their brevity, the six chapters offer a wealth of information and interpretive insight on the nature of the post-World War II African American freedom struggle. Holt's command of the secondary literature is sure-handed and reliable, and his conclusions about the complexities of racial discrimination and resistance bear the mark of a veteran scholar at the top of his game. Indeed, it is difficult to imagine a more valuable or thought-provoking introduction to the history of a movement that changed all of our lives. * Raymond Arsenault, Journal of Southern History *A concise, lucid and well-balanced account by one of America's best historians of the topic. * Tony Barber, Financial Times *A succinct but nuanced overview of the origins, objectives and achievements of the civil rights movement ... Holt pays particular attention to the ordinary people and communities who took significant risks to make up the body of the movement. * Ellie Cawthorne, BBC History Magazine *[This] concise but comprehensive history of the US civil rights movement pulls off an ambitious balancing act, placing the African-American fight for equality within its wider political and social context - all without losing sight of the campaigners on the frontline ... a hugely humanistic overview. * BBC History Revealed *A bold and vivid story of the everyday human made heroic... Concise and riveting, The Movement is an excellent work for those seeking an examination of the US civil rights movement from a perspective somewhat rare in more mainstream histories. And for those seeking a deeper involvement, it is a good introduction. * Ron Jacobs, Morning Star *Thomas Holt's book on the history of the Civil Rights era, The Movement: The African American Struggle for Civil Rights is a valuable and incisive work that covers the broad era of civil rights in an accessible but also rigorous manner...The Movement is a valuable resource for thinking through the Civil Rights era and its impact on American history. * Robert Green, Clafin University, USA, Journal of Contemporary History *Table of ContentsAcknowledgements Table of Contents List of Illustrations Introduction: Carrie's Rebellion Chapter 1: Before Montgomery Chapter 2: Communities Organizing for Change: New South Cities Chapter 3: Communities Organizing for Change along the New South-Old South Divide Chapter 4: Organizing in "the American Congo": Mississippi's Freedom Summer and Its Aftermath Chapter 5: Freedom Movements in the North and the Quest for Black Power Chapter 6: Legacies: "Freedom is a Constant Struggle" Notes and References Further Readings
£16.99
Oxford University Press Inc Power and Liberty
Book SynopsisWritten by one of early America's most eminent historians, this book masterfully discusses the debates over constitutionalism that took place in the Revolutionary era.Trade ReviewThis book distills the core insights of a long career into a single small volume that grabs the reader's interest from the first page and never lets go. * Jessica T. Mathews, Foreign Affairs *With characteristic insight, sobriety, and wisdom, Gordon Wood had given us much to consider in this thoughtful study of how the framers of the American Republic imperfectly but determinedly set us on a journey toward a more perfect Union. Wood's scholarship always repays our careful attention, and this incisive new book joins the large company of his invaluable contributions to understanding America's complexities and contradictions. * Jon Meacham, author of The Soul of America: The Battle for Our Better Angels *No one has done more to teach us about the origins of American constitutionalism than Gordon S. Wood. Now, at a moment when we are trembling over the strength of our constitutional system, Wood gives us a deft shorthand account of how it all began. For anyone who wants to understand what made American constitutionalism such a vital political experiment, this is the place to start. * Jack Rakove, author of Beyond Belief, Beyond Conscience: The Radical Significance of the Free Exercise of Religion *Gordon Wood's Power and Liberty conveniently encapsulates more than a half-century of scholarship by the leading historian of American constitutionalism during the founding era and the early republic. * William E. Nelson, author of E Pluribus Unum: How the Common Law Helped Unify and Liberate Colonial America, 1607-1776 *Gordon Wood has packed a lifetime of learning into this splendid little volume. In his capable hands, our founding charters, grown stale from familiarity, regain their freshness and allure as revolutionary documents that redefined our politics. Wood has an uncanny ability to project himself into the past and to report on his findings as if he had been a personal witness to those distant events. * Ron Chernow, author of Alexander Hamilton *Table of ContentsAcknowledgments Introduction Ch 1. The Imperial Debate Ch. 2 State Constitution-Making Ch. 3 The Crisis of the 1780s Ch. 4 The Federal Constitution Ch. 5 Slavery and Constitutionalism Ch. 6 The Emergence of the Judiciary Ch. 7 The Great Demarcation Between Public and Private Epilogue Notes Index
£21.14
Oxford University Press Inc The Collapse of Constitutional Remedies
Book SynopsisTable of ContentsAcknowledgements Introduction Chapter 1: Blueprint Chapter 2: Building Chapter 3: Remedies Chapter 4: Collapse Chapter 5: Remains Coda Notes Index
£25.17
Oxford University Press Inc Only the Clothes on Her Back Clothing and the
Book SynopsisOnly the Clothes on Her Back illuminates the ways in which women, men of color, and poor people used textiles as a form of property that enabled them to gain access to the legal system and to exercise political power.Trade ReviewOnly the Clothes on Her Back is an illuminating book-one likely to refashion our understanidng of American economic, legal, material and social history. * Eva Sheppard Wolf, Journal of Southern History *Reading Only the Clothes on Her Back is a unique experience because Edwards (Princeton Univ.) makes economic history enjoyable...Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. * Choice *A masterpiece....well-written, deeply thought-provoking....Edwards has clearly poured her expertise into this account of the history of textiles in the USA and their unique legal standing. Using elements of microhistory, Edwards presents detailed case studies to cement her argument and emphasizes the importance of garments to women who otherwise had little to no legal standing. Marginalized people, largely women and slaves, could own textiles, trade them, and expect courts to maintain their claim to the items.... Edwards teases out the strands of this tangled web of textile history and excellently portrays the connection between fabric and burgeoning globalization....While focusing almost entirely on the USA, the global nature of the subject makes excellent reading for historians of all nations. * Caroline M. McWilliams, Twentieth Century British History *Reading Only the Clothes on Her Back is a unique experience because Edwards makes economic history enjoyable. Looking at the implications of women's roles in cloth production, she argues that textiles and finished garments constituted a rare commodity that even married women, unmarried daughters, and/or enslaved women controlled apart from their husbands and masters. Each chapter begins with a well-researched anecdote about some aspect of the trade, which does double duty, imbuing what otherwise might be just dry facts with humanity and also infusing the book with humor—the stories are often hilarious....Edwards has written an analysis of aspects of fabrics that this reviewer did not know existed and written it very well indeed. Highly recommended. General readers through faculty. * Choice *Laura Edwards has produced a masterpiece that forever changes how we see the nineteenth century's ubiquitous textiles and the women who worked, stole, hoarded and wore them. Only a scholar like Edwards, with insights that go beyond conventional notions of property and ownership, could recover the astonishing stories about how those without rights still exercised legal dominion over fabric and their economic lives. Only the Clothes on Her Back smartly debunks simple cultural truisms about women and their adornments, revealing how ordinary Americans, even those marginalized in public law, connected to global markets and remade those forces by their own terms in the local courthouses of the early Republic. * Martha S. Jones, author of Birthright Citizens: A History of Race and Rights in Antebellum America *With elegance, creativity, and a fitting touch of wit, Laura Edwards unfolds the world of early American textiles in this brilliantly original study of gender, race, material exchange, and the law. The seemingly small arena of gowns, sheets, and hosiery as revealed through her careful research proves massively impactful to those who were marginalized by society as well as to merchants and manufacturers. While enslaved people, free Blacks, and white women could not claim personal rights, they could and did own all manner of fabrics, which they saved, traded, and defended in a complex legal culture that defies our modern expectations but would not last. The Clothes on Her Back transforms our understanding not only of lace, looms, and law, but also of nineteenth-century American lives. * Tiya Miles, author of All That She Carried: The Journey of Ashley's Sack, a Black Family Keepsake *In Only the Clothes on Her Back, Laura Edwards combines daunting archival research with a brilliant synthesis of generations of scholarship to put women, both Black and white, at the heart of American legal and economic history between the Revolution and the Civil War. Laced with wit, and knitting race, class, and gender into a seamless fabric, Edwards poignantly and powerfully brings home what was gained and lost when America became 'a nation of rights.' * Dylan C. Penningroth, University of California, Berkeley *In this revelatory book, Laura Edwards explains the extraordinary significance that textiles once held in the American economy and legal system. A book of scrupulous research and a profoundly revisionist account of the workings of property, gender and the law in America between the Revolution and the 1860s. * Deborah Cohen, Northwestern University *In Only the Clothes on Her Back, Edwards has addressed an important but underexplored aspect of nineteenth-century economic life. She reveals the ways in which textiles shaped, and were shaped by, people at the margins of economic and legal culture in America. She shows how clothing can be a useful and generative lens through which to understand law and power in the nineteenth century. Edwards's triumph is that she has shown through her deft and incisive analysis that textiles influenced much more than the clothes that people wore. Instead, textiles shaped the very nature of law and economy during the nineteenth century. * Justene Hill Edwards, H-Diplo *Table of ContentsAcknowledgments Introduction: Elizabeth's and Caty's Failed Escapes: The Materials of Legal Meaning Part One: Old Clothes in a New Country Chapter 1: Polly's Yarn: Legal Principles Chapter 2: Roger Taney's Long Underwear: Federalism Chapter 3: Mr. Robinson's Failure: Merchants Chapter 4: Rebecca Coles's Factory: Manufacturers Part Two: Protective Coverings in a Hostile World Chapter 5: The Prison Society's Problem: Currency Chapter 6: Jane Cooley's Loom: Capital Chapter 7: Margaret Ten Eyck's Accounts: Credit Chapter 8: Eliza Cauchois's Shift: Exchange Part Three: Rags Chapter 9: Sarah Allingham's Sheet: Enforcement Chapter 10: Catherine Brennan's Haul: Criminality Chapter 11: Charles Lohman's Silk Dresses: Suppression Chapter 12: Mrs. Harris's Marriage: Erasure Conclusion: Mary Todd Lincoln's Old Clothes: Just Material Notes Bibliography Index
£32.49
Oxford University Press Inc Law 101 Everything You Need to Know About
Book SynopsisTrade ReviewPraise for the previous editions:An engaging introduction to just about every aspect of law. * The American Lawyer *All the benefits of that first year of law school without the tedium, the terror, and the sleep deprivation...These legal lessons are presented in a style nearly always engaging and very often humorous. * Jurist *An entertaining and informative introduction to the law...For journalists, those interested in the law, and fans of television law dramas, this book should be required reading. * Library Journal *A layperson's introduction to the legal subjects that assault every first-year law student. From constitutional law to contracts to Dickensian procedures that guide civil suites, the book gives an approachable overview of the cases and concepts that combine to form our legal system. * Newark Star-Ledger *Though a book is aimed at laypersons, it offers a good refresher course to update legal practitioners and paraprofessionals in areas where they do not specialize. A good read overall for those interested in the law. * Booklist *Law 101 attempts to teach you how to think like a lawyer * without requiring that you dedicate three years and tens of thousands of dollars to the task. The result? A practical book that is also a pleasure to read.The Trenton Times *This basic text offers nonlawyers a concise, accessible overview of topics typically introduced in the first year of law school. Feinman, a law professor at Rutgers, cites seminal cases to highlight key concepts in the fields of constitutional law, civil procedure, torts, contracts, property, criminal law and criminal procedure. He does not minimize the actual complexity of these subjects, conceding variously that contract law has "tormented the most students," property law "most irritates students," conflicts of law "tortures students" and civil procedure is "the most alien." Nevertheless, he distinguishes his book from the various how-to-be-your-own-lawyer manuals on the market: 'This one is fun to read.' ...But many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly (Praise for the Second Edition) *Many readers, particularly those contemplating law school, will find this a painless introduction to American legal theory and practice. * Publishers Weekly *Feinman's style makes for easy reading, and Law101 is chock full of analyses, anecdotes, examples, questions, and legal reasoning set out in lay terms. Overall, the book provides an excellent explanation of what American law is, and it frequently suggests ways in which it might be improved. * The Federal Lawyer *Academic law libraries and law libraries serving the public, academic libraries serving undergraduate students, and public libraries will find this book a good addition to their collections. This book is also a good read for students thinking of attending law school and for those persons who have been away from the practice of law but are interested in getting reacquainted with its basics. * Alicia G. Jones, Reference Librarian, Lesar Law Library, Southern Illinois University School of Law, Law Library Journal *Table of ContentsPreface Chapter 1: There Are No Secret Books: You Can Understand the Law Chapter 2: The Supreme Law of the Land: Constitutional Law Chapter 3: First Freedoms: Constitutional Rights Chapter 4: Your Day in Court: The Litigation Process Chapter 5: Hot Coffee and Crashing Cars: Tort Law Chapter 6: A Deal's a Deal: Contract Law Chapter 7: You Are What You Own: Property Law Chapter 8: Crime Doesn't Pay: Criminal Law Chapter 9: Protecting the Innocent, Freeing the Guilty: Criminal Procedure Conclusion Index of Legal Cases Index of Subjects
£21.84
Oxford University Press Conference Skills
Book SynopsisCovering all aspects of the client interview, Conference Skills is designed to help trainee barristers develop the key written, interpersonal, and case-work skills required to conduct successful client conferences. Special attention is devoted to skills of questioning, listening, and advising, to ensure the trainee barrister is well equipped to maximize a client conference in terms of gathering information and giving advice.Featuring numerous how-to-do-it guides, worked examples, and realistic case documentation, the manual offers practical step-by-step guidance so that the trainee barrister can approach any client conference with confidence.
£40.84
Columbia University Press Urban Climate Law
Book SynopsisAimed at a nonspecialist audience, this book provides concise and comprehensible answers to the core questions cities confront when seeking to develop legally sound local climate policy.Trade ReviewLocal governments are often seen as the engines of climate innovation, and they are. Cities imagine, test, and implement new approaches that, when successful, are adopted across states and beyond. Urban Climate Law provides an important and accessible resource that outlines, in plain language, the legal guardrails that must be considered by local governments as they create new pathways for climate progress. -- Gina McCarthy, former administrator of the Environmental Protection Agency and first White House National Climate AdvisorCities are central to addressing the biggest sources of greenhouse gases—transportation, buildings, energy generation, and waste. Doing so is legally complex. This book is the first to delineate the legal frameworks and areas of law that apply to local climate policy making. It will help local governments craft sounder policies with increased awareness of the legal constraints and opportunities within which cities operate. -- Michael B. Gerrard, professor and faculty director, Sabin Center for Climate Change Law, Columbia Law SchoolUrban Climate Law is the resource by lawyers for city practitioners that we’ve been waiting for. As climate change policy in cities requires governments to act boldly and think creatively, there is a constant stream of legal questions that create uncertainty at the local level. This book is going to be the building block needed to unlock city-led action in addressing the climate crisis. -- Laura Jay, regional director for North America, C40 CitiesMichael Burger and Amy E. Turner provide an excellent high-level overview of how U.S. cities can enact measures to reduce greenhouse gas emissions and the legal obstacles they may face. -- Katrina M. Wyman, Wilf Family Professor of Property Law and Faculty Director, Guarini Center on Environmental, Energy & Land Use Law, New York University School of LawTable of ContentsA Note on Terminology and GlossaryIntroduction1. Cross-Cutting Legal Concepts2. Equity3. Buildings4. Reducing Transportation-Related Greenhouse Gas Emissions5. Scaling Up Renewable Energy6. Decarbonizing a City’s WasteConclusionNotesIndex
£54.40
University of Washington Press Legal Reform in Taiwan under Japanese Colonial
Book SynopsisDocuments how Western traditions influenced the formation of Taiwan's legal structure through the conduit of Japanese colonial rule and demonstrates the extent to which legal concepts diverged from the Chinese legal tradition and moved toward Western law. This work is an analysis of the history and evolution of "western" law in Taiwan.Table of ContentsPreface Introduction Background of Legal Reform Reception of Western Law in Colonial Legislation Modern Judiciary in the Colony Criminal Justice and Changing Society Westernization of Civil Justice Appraisal and Legacy Conclusion Appendix A: Development of Taiwanese Law Appendix B: The Law Relating to Laws and Ordinances Appendix C: The Civil, Commercial, and Criminal Law Appendix D: The Bandit Punishment Law Glossary Abbreviations Notes Bibliography Index
£110.48
Random House USA Inc Contempt of Court The TurnOfTheCentury Lynching
Book Synopsis
£18.00
WW Norton & Co Law and Disorder
Book SynopsisHilarious, unbelievable-but-true stories from the American courts.
£11.99
John Wiley and Sons Ltd PowellSmith and Furmstons Building Contract
Book SynopsisPowell-Smith and Furmston's Building Contract Casebook The interaction between general principles and the provisions of the standard building and construction contracts is a central feature of construction law. The major part of the law is laid down in decided cases and construction professionals should be familiar with these cases, but the information is scattered throughout a large number of law reports. The fifth edition of Powell-Smith and Furmston's Building Contract Casebook is designed to help construction professionals become familiar with those key cases. It brings together a wide range of cases on the main aspects of the law of construction contracts, states the principle established by each case and gives a summary of the facts and the decision. For the majority of cases, verbatim extracts from the judgment are included. The casebook presents the leading cases on each topic, together with many lesser-known but important decisions. A number of useful deciTable of ContentsPreface vii PART I – FORMATION OF THE CONTRACT 1 1 Letters of Intent 3 2 Costs of Tendering 9 3 Tenders and Estimates 14 4 Incorporation of Documents 20 5 Completion of the Contract 43 PART II – PERFORMANCE OF THE CONTRACT 59 6 The Contractor’s Obligations 61 Design 61 Materials and workmanship 74 Progress and completion 92 Indemnities and insurance 95 7 The Employer’s Obligations 133 Possession of site 133 Time and extent of possession 133 Site conditions 137 Co-operation 142 Instructions 151 Payment 154 Lump sum contracts 155 Other contracts 158 Retention 159 Quantum meruit 162 Set-off 165 Miscellaneous 176 Nomination of sub-contractors and specialists 176 Objection to nominees 176 Displacement of implied terms 177 Form of sub-contracts 177 Effect of failure 177 Default in supply of goods 178 8 Ownership and Vesting of Materials 180 Materials and goods 180 Vesting clauses 185 9 Acceptance and Defects 187 10 Approval and Certifi cates 191 General 191 Nature and effect of certifi cates 204 Recovery without certifi cate 226 11 Variations 228 12 Damages for Breach of Construction Contracts 246 13 Prolongation and Disruption Claims 272 14 Liquidated Damages and Extensions of Time 319 Liquidated damages 319 Extensions of time 336 Interpretation of provisions 351 PART III – DISCHARGE OF THE CONTRACT 353 15 Release 355 16 Frustration 358 17 Illegality 365 18 Forfeiture Clauses, Repudiation and Determination 369 19 Limitation 388 The Limitation Act 1980 388 Latent Damage Act 1986 391 PART IV – SUB-CONTRACTS AND SUB-CONTRACTING 399 20 Assignment and Sub-letting 401 21 Domestic Sub-contractors 411 22 Nominated Sub-contractors 414 PART V – BUILDING CONTRACTS AND THE LAW OF TORT 441 23 Building Contracts and the Law of Tort 443 Table of Cases 467 Index 485
£98.06
The University of Michigan Press Lobbying the Autocrat The Dynamics of Policy
Book SynopsisAlthough authoritarian countries often repress independent citizen activity, lobbying by civil society organizations is actually a widespread phenomenon. Using case studies, Lobbying the Autocrat shows that citizen advocacy organizations carve out niches in the authoritarian policy process, even influencing policy outcomes.Trade ReviewThe book fills a gap in the academic literature of authoritarian regimes which has already studied the role of elections, legislatures and other institutions of democratic rule." - Stephan Ortmann, Chinese University of Hong Kong"This is an impressive volume. By showing that civil societies can lobby for their interests even under authoritarian rule, it underscores the hopeful power of activism in all settings—not just in democracies. What a refreshing, creative spark to our knowledge of political regimes and public policy!" - Sean Yom, Temple UniversityTable of Contents List of Figures List of Tables Acknowledgements I. Introduction 1. Max Grömping and Jessica C. Teets – Lobbying the Autocrat: A Theoretical Roadmap II. Mobilization and maintenance 2. Marcel Hanegraaff and Iskander de Bruycker - The Lobbying Demands of Autocratic and Democratic Leaders: A Comparative Perspective 3. Sanja Hajdinjak - Between Pressure and Patronage: Navigating Legitimacy and No-Go Issues in Montenegro III. Interest communities 4. Reza Hasmath – Convergence and Divergence in Policy Topics amongst Think Tanks in China 5. Sokphea Young - Transnational Activism under Autocracy: Environmental Advocacy Groups, Social Media, and Nationalism in Cambodia 6. Bilge Yabanci – Acts of Compliance and Tactful Contention: The Polarized Terrain of Women’s Organizations in Turkey under Authoritarian Pressure IV. Strategies 7. Max Grömping – Going Public: When do Human Rights Advocates pursue Media Strategies? 8. Hui Li - Political Resources and NGO Policy Advocacy Strategies in China 9. Ying Hooi Khoo and Carmen Leong – Policy Advocacy Strategies of Malaysia’s Electoral Reform Movement V. Outcomes 10. Eleanor Bindman and Tatsiana Chulitskaya - Post-Soviet Policy Entrepreneurs? The Impact of Non-State Actors on Social Service Reform in Russia and Belarus 11. Kirk Helliker, Sandra Bhatasara and Manase Kudzai Chiweshe – Land Lobbying and Mobilization: Civil and Uncivil Society in the 1990s in Zimbabwe 12. Angelo Vito Panaro – Delivering on Legitimation Claims: Creating Consultative Mechanisms for CSOs in Authoritarian Regimes VI. Conclusion 13. Max Grömping and Jessica C. Teets – Toward a Theory of Lobbying under Authoritarianism Appendix A – Supplementary Materials for Chapter 3 Appendix B – Supplementary Materials for Chapter 6 Appendix C – Supplementary Materials for Chapter 7 Contributors Index
£35.10
The University of Michigan Press Walking the Gendered Tightrope
Book SynopsisWhile other books have analysed the barriers to higher office that women face, this book reveals how women in positions of power are still forced to balance feminine stereotypes with the perception of power as masculine in order to prove their legitimacy.Table of Contents Acknowledgments Chapter 1: Introduction Chapter 2: How Female Leaders Get there: Party Workhorses but Not Party Animals Chapter 3: Prime Minister May’s Tightrope Walk between Brexiteers and Remainers Chapter 4: Pelosi’s Tightropes Chapter 5: Conclusion Table 1 References Index
£31.30
The University of Michigan Press Administering Justice Placing the Chief Justice
Book SynopsisExamines the leadership role of chief justices in the American states, including how those duties require chief justices to be part of the broader state political environment. Vining and Wilhelm focus extensively on the power of chief justices as public spokespersons, legislative liaisons, and reform leaders.Trade Review“Blending incisive theoretical foundations, impressive original data, and rich descriptive insight, Administering Justice is a tour de force on the role chief justices play in state politics. It is a must-read for anyone interested in courts and state politics, but also offers broader insight into political leadership and institutional performance.”—Greg Goelzhauser, Utah State University “Vining and Wilhelm have written a true piece of comparative political research, shedding new light on an understudied topic in American courts—judicial leadership—and leverage the diversity of institutional rules and norms to show how they shape leadership on our state high courts. A must-read for state court scholars.” —Mikel A. Norris, Coastal Carolina University “. . . contributes significantly to our understanding of the role chief justices play in state judicial systems, leveraging a mix of rich qualitative examples with larger-n analyses.”—Eve Ringsmuth, Oklahoma State University “In a very clear manner, and building upon pertinent existing literature, the authors provide a detailed and comprehensive understanding and picture of the work of chief justices.” —Gbemende Johnson, University of Georgia "Vining and Wilhelm present an excellent analysis of the importance of chief justices in state politics. The authors should be commended for their contribution to current scholarship because the text contains a wealth of information and is written in an engaging manner. The level of both qualitative descriptive or case study information and quantitative statistical data is outstanding, especially considering how challenging it can be to find in several states. Rated: highly recommended"--CHOICETable of Contents List of Tables List of Figures Acknowledgments Introduction Part One: Chapter One: The Chief Justice as Institution Chapter Two: The Chief Justice as Individuals Part Two: Chapter Three: The Chief Justice as Administrator Chapter Four: The Chief Justice as Advocate Chapter Five: The Chief Justice as Politician Conclusion References
£19.90
The University of Michigan Press More or Less Afraid of Nearly Everything
Book SynopsisProvides an accessible and novel framework to understand both US homeland security and the thinking around how to keep civilians safe. The book makes innovative arguments about the American government and keeping citizens safe, and provides practical solutions to real-world problems.Trade Review“A thorough and comprehensive analysis of homeland security in the U.S., both from a conceptual standpoint and from an operational standpoint. Rohrbaugh makes homeland security issues more approachable and understandable.” —Laurie Trautman, Director of the Border Policy Research Institute, Western Washington University “Part memoir, part policy analysis, Rohrbaugh provides a compelling look at the homeland security enterprise spanning the country . . . More or Less Afraid of Nearly Everything should be of interest to general readers interested in current events, public policy practitioners as well as undergraduates and graduate students who aspire to become government officials or policy analysts.” —Rey Koslowksi, University at Albany, State University of New York
£56.95
Harvard University Press Controlling the State
Book SynopsisGordon explores the main venues of constitutional practice in ancient Athens, Republican Rome, Renaissance Venice, the Dutch Republic, seventeenth-century England, and eighteenth-century America—and describes how constitutionalism has developed since then into the modern concept of constitutional democracy.Trade ReviewWhile not defending any particular version of constitutionalism as best, Gordon argues persuasively that some form of constitutional government is necessary for both prosperity and the preservation of individual liberty. -- R. Hudelson * Choice *An unusually sweeping book...[Gordon] provides a...concise and accessible introduction to the history of constitutional government ... Particularly valuable for its distinctive emphasis on countervailing power as the cornerstone of constitutional governance and its broad survey of the practice and idea of constitutionalism over the course of Western history. -- Keith E. Whittington * Law and Politics Book Review *Table of ContentsPreface Introduction 1. The Doctrine of Sovereignty The Classical Doctrine of Sovereignty The People as Sovereign Parliament as Sovereign Critics of Sovereignty 2. Athenian Democracy Constitutional Development The Athenian Political System The Theory of the Athenian Constitution The Doctrine of Mixed Government The Constitutional Totalitarianism of Sparta 3. The Roman Republic The Development of the Republic, and Its Fall The Political System of the Republic Theoretical Interpretation of the Republican System 4. Countervailance Theory in Medieval Law, Catholic Ecclesiology, and Huguenot Political Theory Canon Law and Roman Law Catholic Ecclesiology and the Conciliar Movement The Huguenot Political Theorists 5. The Republic of Venice Venice and Europe The Venetian System of Government Venetian Constitutionalism Church and State The Myth of Venice Venice, Mixed Government, and Jean Bodin 6. The Dutch Republic The Golden Age of the Dutch Republic The Political History of the Republic, 1566-1814 The Republican Political System Dutch Political Theory 7. The Development of Constitutional Government and Countervailance Theory in Seventeenth-Century England Religious Toleration and Civic Freedom The Roles of Parliament "Mixed Government" and the Countervailance Model The Early Stuart Era From the Civil War to the Revolution of 1688 The Provenance of English Countervailance Theory The Eighteenth Century, and Montesquieu 8. American Constitutionalism The Political Theory of the American Revolution The State Constitutions The National Constitution The Bill of Rights and the Judiciary A Note on Provenance 9. Modern Britain Archaic Remnants: The Monarchy and the House of Lords The House of Commons and the Cabinet The Bureaucracy The Judiciary Unofficial Political Institutions: Pressure Groups Epilogue References Index
£34.81
Harvard University Press The Antitrust Enterprise Principle and Execution
Book SynopsisHovenkamp confronts not only the problems of poorly designed, overly complex, and inconsistent antitrust rules but also the current disarray of antitrust’s rule of reason, offering an antitrust policy faithful to the consumer welfare principle and more readily manageable by the federal courts and other antitrust tribunals.Trade ReviewHovenkamp defends the antitrust status quo in accessible and wonderfully jargon-free prose. The book succeeds in offering profound insights for antitrust specialists while remaining accessible to lay readers… Regardless of where the law heads next, The Antitrust Enterprise is valuable simply on its own terms—as a compact and authoritative exposition of U.S. antitrust law. It is most interesting, however, as the archetypal defense of this era of antitrust modesty. Only with the benefit of hindsight—perhaps forty or fifty years from now—will scholars be able to understand fully this epoch in context. It is a safe bet, however, that The Antitrust Enterprise will be considered the classic work of this era. -- Daniel A. Crane * Michigan Law Review *Hovenkamp applies his considerable expertise to an objective study of the relationship between microeconomic theory and court interpretation of US antitrust laws. He argues that, in spite of a history of conflicting goals, there is currently a consensus that the purpose of antitrust is to promote consumer welfare… This work will be of value to scholars and practitioners alike, as well as anyone interested in antitrust enforcement. -- D. F. Sheets * Choice *Herbert Hovenkamp is that rare lawyer who combines a solid knowledge of history with a broad command of law and economics. His new book, The Antitrust Enterprise, is the fruitful product of this synergy, and promises to be this generation’s version of Robert Bork’s Antitrust Paradox. Clear, informative and up-to-date, it offers a sophisticated synthesis of economic theory and legal practice in the post-Chicago era that has seen a marked upsurge in antitrust activity, both as it relates to the coordinated activities of multiple firms and the unilateral practices of individual ones. Every lawyer, social scientist, or layperson with an interest in this field will want to have this book at his or her side. -- Richard A. Epstein, University of Chicago Law School and the Hoover InstitutionThe Antitrust Enterprise: Principle and Execution exemplifies again why Professor Hovenkamp is one of the most cited and highly regarded authorities on antitrust today. The writing is interesting, thoughtful and thought-provoking, sprinkled with useful examples, and is easy to read. In his simple yet highly analytical style, Professor Hovenkamp analyzes, criticizes, and offers solutions to some of the main problems faced by antitrust doctrine and enforcement today. Should courts and enforcement agencies choose to follow at least some of the solutions suggested in the book, this would undoubtedly enhance the efficient and effective enforcement of antitrust. -- Michal S. Gal, University of Haifa and NYU Center for Law and BusinessThe Antitrust Enterprise: Principle and Execution is an excellent book, by an author who is both knowledgeable and balanced in his views of antitrust law and antitrust policy. It is aimed at a broad constituency of readers rather than specialists in the field, and its presentation is very clear, avoiding technical jargon and methodology. It is the best book of its genre that I have read. -- Daniel Rubinfeld, University of California, BerkeleyTable of ContentsPreface Introduction Part I. Limits and Possibilities 1. The Legal and Economic Structure of the Antitrust Laws 2. The Design of Antitrust Rules 3. The Promises and Hazards of Private Antitrust Enforcement 4. Expert Testimony and the Predicament of Antitrust Fact Finding Part II. Traditional Antitrust Rules 5. Unreasonable Exercises of Market Power 6. Combinations of Competitors 7. Dominant Firms and Exclusionary Practices 8. Antitrust and Distribution 9. The National Policy on Business Mergers Part III. Regulation, Innovation, and Connectivity 10. Antitrust under Regulation and Deregulation 11. The Conflict between Antitrust and Intellectual Property Rights 12. Network Industries and Computer Platform Monopoly Epilogue: Antitrust Reform Notes Index
£28.76
Harvard University Press The Problems of Jurisprudence
Book SynopsisHere one of America’s most distinguished scholar-judges shares with us his vision of the law. Posner argues for a pragmatic jurisprudence, one that eschews formalism in favor of the factual and the empirical. Laws, he argues, are not abstract, sacred entities, but socially determined goads for shaping behavior to conform with society’s values.Trade ReviewRichard Posner is one of the nation’s most influential thinkers… He spearheaded the law and economics movement that has, in the eyes of many, revolutionized the entire legal enterprise… The bulk of his book consists of close analyses…and crucial discussions…all of which are bolstered by an impressive array of references to the rich literature of contemporary law, philosophy, science and jurisprudence. -- Calvin Woodward * New York Times Book Review *As one reads through this remarkable book, Posner’s vision of law slowly builds to a climax that…is awesome… [He] tackles all the basic problems of legal thought and of moral and political philosophy since the time of Plato and Aristotle [and] enables us to see the richly textured fabric of our legal system in a more coherent manner than has anyone else. -- Stephen B. Presser * Chicago Tribune *[Posner’s] book will challenge everyone. All sides will likely draw upon the work, even as they differ with it and among themselves… [It is an] extraordinarily wide-ranging, intellectually stimulating book. -- Robert A. Katzmann * Christian Science Monitor *In short, sophisticated legal types should certainly read Posner to learn that he now argues for ‘pragmatic jurisprudence’ and ‘reasonable’ answers in law against absolute ‘right answers’… Layman should read Posner for a more vital reason. Because a nation supposedly ruled by law, not men, should be literate enough in jurisprudence to tell the difference. -- Carlin Romano * Philadelphia Inquirer *It’s hard to be in the presence of Richard Posner, or his writings, without learning. He says, in his book, many wise things about the ways of judges, and I am persuaded that, in his commentary on judges and their handling of several important issues in our polities, he has it, cannily, right… If Posner could be elevated, by magic, to the Supreme Court, without the hazards of the confirmation process, that institution would no doubt become a more interesting, charged place. -- Hadley Arkes * Public Interest *Table of ContentsPreface Introduction: The Birth of Law and the Rise of Jurisprudence The Origins of Law and Jurisprudence A Short History of Jurisprudence A Preview of the Book PART I. THE EPISTEMOLOGY OF LAW 1. Law as Logic, Rules, and Science The Syllogism and Other Methods of Logic Rules, Standards, and Discretion Scientific Observation 2. Legal Reasoning as Practical Reasoning What Is Practical Reason? Authority Reasoning by Analogy A Note on Legal Education 3. Other Illustrations of Practical Reasoning in Law Interpretation Means-End Rationality Tacit Knowing Submitting to the Test of Time 4. Legitimacy in Adjudication The Problem of Rational Prejudgment Consensus Policy versus Pedigree as Warrants for Judicial Action How Are Judges' Visions Changed? Critical Legal Studies PART II. THE ONTOLOGY OF LAW 5.
£32.36
Harvard University Press The Transformation of American Law 17801860
Book SynopsisIn a remarkable book based on prodigious research, Horwitz offers a sweeping overview of the emergence of a national legal system from English and colonial antecedents. He treats the evolution of common law as intellectual history and demonstrates how shifting views of private law became a dynamic element in the economic growth of the U.S.Trade ReviewHe has read widely in many fields...[and] has gathered a rich harvest for any reader...a remarkable achievement. * Yale Law Journal *It is to be hoped that a wide audience will read it since the issues it raises are indispensable...Horwitz's book is written with a passion. * New York Review of Books *A thoughtful contribution to the continuing issue of whether and how much we are governed by our judges. * Library Journal *One of the five most significant books ever published in the field of American legal history. -- William E. Nelson, Yale UniversityTable of ContentsIntroduction 1. The Emergence of an Instrumental Conception of Law 2. The Transformation in the Conception of Property 3. Subsidization of Economic Growth through the Legal System 4. Competition and Economic Development 5. The Relation between the Bar and Commercial Interests 6. The Triumph of Contract The Equitable Conception of Contract in the Eighteenth Century The Rise of a Market Economy and the Development of the Will Theory of Contract Custom and Contract Tort and Contract 7. The Development of Commercial Law The Rise of Negotiability The Law of Insurance: The Development of Actuarial Conceptions of Risk Usury Swift v. Tyson: The Rise of a General Commercial Law 8. The Rise of Legal Formalism Notes Index
£37.36
Simon & Schuster Fixing Broken Windows
Book SynopsisSynopsis coming soon.......
£17.09
Simon & Schuster Ltd Ladies and Gentlemen of the Jury Greatest Closing
Book SynopsisA collection of the closing arguments of some of the most high-profile cases in legal history. Includes: the Nuremberg War Trials, the Charles Manson trial, the John Delorean defence and the prosecution of William Calley for his part in the Mai Lai massacre. Provides clear explanations of the historical and legal significance of each case.
£16.97
Random House USA Inc The Burglary
Book SynopsisINVESTIGATIVE REPORTERS & EDITORS (IRE) BOOK AWARD WINNER • The story of the history-changing break-in at the FBI office in Media, Pennsylvania, by a group of unlikely activists—quiet, ordinary, hardworking Americans—that made clear the shocking truth that J. Edgar Hoover had created and was operating, in violation of the U.S. Constitution, his own shadow Bureau of Investigation.“Impeccably researched, elegantly presented, engaging.”—David Oshinsky, New York Times Book Review • “Riveting and extremely readable. Relevant to today's debates over national security, privacy, and the leaking of government secrets to journalists.”—The Huffington PostIt begins in 1971 in an America being split apart by the Vietnam War . . . A small group of activists set out to use a more active, but nonviolent, method of civil disobedience to provide hard evidence once and for all that the government was operating outside the laws of the land. The would-be burglars—nonpro’s—were ordinary people leading lives of purpose: a professor of religion and former freedom rider; a day-care director; a physicist; a cab driver; an antiwar activist, a lock picker; a graduate student haunted by members of her family lost to the Holocaust and the passivity of German civilians under Nazi rule.Betty Medsger's extraordinary book re-creates in resonant detail how this group scouted out the low-security FBI building in a small town just west of Philadelphia, taking into consideration every possible factor, and how they planned the break-in for the night of the long-anticipated boxing match between Joe Frazier and Muhammad Ali, knowing that all would be fixated on their televisions and radios.Medsger writes that the burglars removed all of the FBI files and released them to various journalists and members of Congress, soon upending the public’s perception of the inviolate head of the Bureau and paving the way for the first overhaul of the FBI since Hoover became its director in 1924. And we see how the release of the FBI files to the press set the stage for the sensational release three months later, by Daniel Ellsberg, of the top-secret, seven-thousand-page Pentagon study on U.S. decision-making regarding the Vietnam War, which became known as the Pentagon Papers.The Burglary is an important and gripping book, a portrait of the potential power of nonviolent resistance and the destructive power of excessive government secrecy and spying.
£18.00
Rutgers University Press Forensics Under Fire Are Bad Science and Dueling
Book SynopsisIncluding examples from a host of criminal cases and familiar figures, this book presents evidence that forensic science has a long way to go before it lives up to its potential and the public's expectations.Trade Review"Well-written and captivating—a fine book." -- Captain Robert L. Snow * author of Technology and Law Enforcement, Murder 101, Sex Crimes Investigation *"This scholarly and well-researched work shines a light on the dark side of forensic science to expose the enormous damage inflicted on the criminal justice system by rogue and dishonest forensic practitioners." -- Richard Saferstein, * author of Criminalists: An Introduction to Forensic Science *"Well-written and captivating—a fine book." -- Captain Robert L. Snow * author of Technology and Law Enforcement, Murder 101, Sex Crimes Investigation *"This scholarly and well-researched work shines a light on the dark side of forensic science to expose the enormous damage inflicted on the criminal justice system by rogue and dishonest forensic practitioners." -- Richard Saferstein, * author of Criminalists: An Introduction to Forensic Science *Table of ContentsForensic pathologists from hell : bungled autopsies, bad calls, and blown cases A question of credibility : bad reputations and the politics of death The sudden infant death debate Dr. Roy Meadow, Munchausen syndrome by proxy and Meadow's law Infants who can't breathe : illness or suffocation? Swollen brains and broken bones : disease or infanticide? Fingerprint identification : trouble in paradise Fingerprints never lie : except in Scotland Shoe print identification and foot morphology : the lay witness and the Cinderella analysis Bite mark identification : do teeth leave prints? Ear-mark identification : emerging science or bad evidence? Expert versus expert : the handwriting wars in the Ramsey case John Mark Karr : DNA Trumps the graphologists in the Ramsey case Hair and fiber identification : the inexact science DNA analysis : backlogs, sloppy work, and unqualified people Bullet identification : FBI style overselling the science The celebrity expert : Dr. Henry Lee
£24.69
University of Georgia Press NonPerforming Loans NonPerforming People Life
Book SynopsisTells the previously untold stories of those living with mortgage debt in times of precarity and explores how individualized indebtedness can unite resistance in the struggle toward housing justice.
£35.89
John Wiley & Sons Inc Contracts and Deals in Islamic Finance
Book SynopsisA very accessible and concise guide to Islamic finance Contracts and Deals in Islamic Finance provides a clear breakdown of Islamic financial contracts and deal structures for beginners.Table of ContentsForeword xv Preface xvii Acknowledgments xxi Product Offerings xxiii Introduction 1 Chapter 1: The Islamic Finance Space 5 Modern Phase of Islamic Finance 8 Chapter 2: Bai al Inah 13 Definitions of Bai al Inah 13 Bai al Inah Process Flow 15 Legal Issues with Bai al Inah 17 Bai al Inah as a Financial Product 19 Transfer of Ownership 20 Documentation Involved 21 Resolutions on Bai al Inah 21 Conclusion 22 Chapter 3: Murabahah, Bai Mu’ajjal, and Bai Bithman Ajil 23 Murabahah Sale/Credit Sale/Credit 25 Enhancements to Murabahah 26 Murabahah Working Capital 28 Credit-Based Sale/Markup or Riba 28 Bonafide Murabahah/True Sale 29 Trading House Model 31 Financial Services Division of a Manufacturer or Retailer 32 Bai Bithman Ajil 32 BBA with Inah 32 Conclusion 34 Chapter 4: Tawarruq 35 Issue of Price Fixing 37 Transfer of Title 38 Payment of Sales Tax 39 Applications of Tawarruq in Banking Products 40 Real Economic Activity 43 Conclusion 44 Chapter 5: Deferred Payment Sale or Credit Sale 45 Accounting Entries for Murabahah by Purchase Orderer 47 Accounting Entries for a Bai al Inah Contract 48 Pricing of Deferred Sales under Murabahah, BBA, Inah, and Tawarruq 49 Risk Treatment of Deferred Payment Sales 53 Fixed Income Portfolio 57 Conclusion 58 Chapter 6: Bai Al Wafa 59 Financial Assets as Subject of Sale 60 Bai Al Wafa and Sale of Equities 60 Bai Al Wafa and Sale of Sukuk 60 Conclusion 61 Chapter 7: Salaam and Istisna: Deferred Delivery Sale 63 Salaam 63 Istisna 68 Conclusion 70 Chapter 8: Bai al Sarf 75 Basic Rulings on Bai al Sarf 75 Conclusion 77 Chapter 9: Bai al Dayn 79 Purchase Price, Rental Payments, Receivables, and Debt 80 Rental Payments Due in an Ijara Contract 81 Financial Products 81 Sale of Equity 82 Conclusion 83 Chapter 10: Bai al Urbun 85 Conclusion 89 Chapter 11: Ijarah and Its Variants 91 Normal Ijarah 92 Accounting Entries for Ijarah Contract 93 Ijarah Muntahiya Bi Tamleek 95 Al Ijarah Thumma al Bai (AITAB) 95 Sale and Leaseback 96 Conclusion 97 Chapter 12: Wadiah 99 Forms of Wadiah 100 Enhancements to Wadiah 100 Money Creation 104 Conclusion 108 Chapter 13: Qard 111 Applications of the Contract of Qard 112 Qard as a Deposit Instrument 113 Recording of Qard 113 Conclusion 114 Chapter 14: Mudharabah 115 Simple Application of Mudharabah 117 Perpetual Mudharabah 118 Re-Mudharabah 118 Restricted Mudharabah and Unrestricted Mudharabah 118 Mudharabah as a Deposit 120 Mudharabah as a Fund 121 Interbank Mudharabah Placements 122 Indicative Rate of Return 122 Profit Sharing Ratio 123 Importance of Disclosure and Accounting Treatments 123 Mudharabah as an Asset Product 124 Accounting Treatment of Mudharabah Transactions 126 Conclusion 126 Chapter 15: Musharakah 129 Musharakah and Banking 130 Mushrakah as Asset Product 132 Pooling of Assets in Mushrakah 132 Mushrakah Mutanaqisah 133 Conclusion 138 Chapter 16: Hibah 139 Forms of Hibah 139 Restrictions on Hibah 140 Applications of Hibah in Banking 140 Enhancements to Hibah 142 Conclusion 143 Chapter 17: Kafalah 145 Who Can Be a Guarantor? 147 Products Based on Kafalah 148 Back-to-Back Guarantees 148 Conclusion 149 Chapter 18: Wakalah, Hawalah, Ibra, and Rahn 151 Wakalah 151 Hawalah 153 Ibra 156 Rahn 159 Conclusion 161 Chapter 19: Shariah: Sources, Interpretation, and Implementation 163 Modern-Day Ijtihad 165 Whose Shariah Is It, Anyway? 167 Conclusion 171 Chapter 20: Islamic Asset Management and Shariah Screening 173 Capital Markets 177 IPO Stage 177 Market Integrity 180 Market Regulation 183 Valuations 187 Zero Sum Game 188 The Role of Capital Markets in the Sphere of Islamic Finance 189 Farmer Sukuk or Equity Notes 189 Conclusion 190 Chapter 21: Pricing, Income Distribution, and Risk Sharing in Islamic Banks 191 Pricing of Islamic Financial Products 191 Price versus Shariah 194 Benchmark for Pricing 195 Criticism on Pricing Models 195 Profit Equalization Reserve 196 Income Distribution 199 Risk Sharing in Islamic Banks 208 Conclusion 208 Chapter 22: Sukuk and Rights of Sukuk Holders 209 Rights of Lenders in Debt Financing 210 Rights of Equity Holders 212 Rights of Bondholders 214 Use of Subsidiary Companies and Special-Purpose Vehicles 216 How Sukuk Financing Could Work? 221 Sale and Leaseback 223 The Role of the SPV 227 Other Sukuk Structures 228 Istisna Sukuk 228 Simple Sukuk 229 Conclusion 233 Chapter 23: Risk Management for Islamic Banks 235 Credit Risk 235 Market Risk 257 Liquidity Risk 269 Profit-Sharing Investment Account 269 Conclusion 273 References 273 Chapter 24: Asset/Liability Management for Islamic Banks 275 Gap Limit 279 Spot Rates and Forward Rates 279 Funding Scenarios 281 Short-Term and Long-Term Rates 281 Time Value of Money 288 Conclusion 290 Chapter 25: Takaful 291 Contract of Agency 291 Shariah Issues with Insurance 292 Contract of Tabarru 293 Product Menu 295 General Takaful Business Model 300 Concepts Related to Takaful 300 The Rights of the Fund over the Participant and the Rights of the Participant over the Fund 302 Pricing General Takaful Plans 304 Observations of General Takaful 310 Family Takaful 311 Basic Accounting Entries for Takaful 314 Takaful Operator Models 315 Distribution of Underwriting Surplus 316 Conclusion 317 Chapter 26: Pricing of Takaful Policies and Retakaful 319 Case Study 1: Corporate Medical Takaful Plan under General Takaful 319 Case Study 2: Corporate Medical Takaful Plan under General Takaful 322 Case Study 3: Corporate Family Takaful Plan 323 Detailed Mortality Table for Life Takaful 325 Mortality Tables and Probability Calculations 327 Risk Profiling 331 Conclusion 336 Afterword 337 About the Authors 341 Bibliography 343 Index 347
£35.62
John Wiley and Sons Ltd MultiParty and MultiContract Arbitration in the
Book SynopsisMulti-Party and Multi-Contract Arbitration in the Construction Industry provides the first detailed review of multi-party arbitration in the international construction sector. Highly practical in approach, the detailed interpretation and assessment of the arbitration of multi-party disputes will facilitate understanding and decision making by arbitrators, clients and construction contractors.Trade Review"Dr Dimitar Kondev's book on multi-party and multi-contract arbitration in the construction industry tackles a complex topic, which presents many hurdles in practice. Dr Kondev has successfully accomplished this difficult task. He leads the reader through the intricacies and pitfalls of this subject in an efficient and well-structured manner. He also takes a convincing stance on the most controversial issue and proposes pragmatic and workable solutions to the recurring problems that arise with respect to multi-party arbitration in construction disputes. This book might be of interest not only for practitioners specialised in construction arbitration but also for the arbitration community... In view of the foregoing, there is no doubt that this book is a must read for arbitration practitioners. Let us hope that Dr Kondev’s recommendations will be well received and implemented by the practitioners and drafters of international standard forms and arbitration rules. This would be a significant step-forward in enhancing dispute resolution in the construction industry." Fabrice Robert-Tissot, International Business Law Journal (RDAI 2018/1, pp 121-124) “This is the first book which deals with multi-party and multi-contract arbitration in the construction sector.… In his book, Dr Kondev makes an in-depth analysis of the legal regulation of this type of arbitration contained in the most popular institutional arbitration rules and the arbitration laws of different jurisdictions. The book also offers an up-to-date and thorough review of how multi-party and multi-contract arbitration is dealt with in the most widely used international standard forms of construction contract (such as the FIDIC books, NEC3, etc.) and some domestic standard forms (used mostly in Great Britain, the US and some Scandinavian countries)… The book also contains practical guidelines for drafting multi-party arbitration clauses… Because of the importance of the matters discussed in this treatise, it would be of great value to lawyers, arbitrators and academics in the field of international commercial arbitration.” Society and Law (5/2017, pp 111-112) "Complex arbitration disputes involving multiple parties and multiple contracts are both an evergreen – as demonstrated by the extensive literature on the subject – and a hot topic – confirmed, eg, by numerous amendments to arbitration rules in recent years... Given this background, is it possible to add anything new or meaningful? KONDEV has demonstrated that it definitely is. On the one hand, his study is clearly structured, well written, and thoroughly researched; this alone makes it stand out and merit a strong recommendation. On the other hand, KONDEV adds a specialist perspective to the debate, namely that of the construction industry... The author ‘attempted to bridge the gap between the theoretical proposals regarding multi-party arbitration and their practical application’ (pp 326-327). It is submitted that he fully succeeded. Anyone dealing with multi-party, multicontract issues in the construction industry will benefit from this new book – drafters of contracts or rules as well as counsel, arbitrators, or judges in pending proceedings." Johannes Landbrecht, 36 ASA Bulletin 1/2018 (March), p. 256 “Another publication on multi-party arbitration? Was that necessary, given that a lot has been written about this topic over the years already? It was. For at least two reasons. First, most of the existing contributions discuss the issue in a general context without regard to the peculiarities of disputes and specific contractual frameworks found in the construction industry. Second, many articles identify the numerous problems of multi-party arbitration without providing any self-contained practical solutions. Dimitar Kondev’s 408-page book fills these two gaps… For a number of reasons, Kondev’s book is of great value. It provides a useful overview of different approaches in arbitration rules, arbitration legislation and standard form contracts. It explains the importance of tailoring arbitration agreements to reflect the peculiarities of each project, the peculiarities of the underlying contracts, the peculiarities of the applicable arbitration rules and relevant national laws. Finally, the author addresses concerns and provides thoughts and ideas that are absolutely essential for drafting multi-party arbitration clauses. Not only, but in particular, the last two chapters of the book are very inspiring, even for experienced practitioners, and the various committees and working groups involved in the development of standard form contracts and arbitration rules.” Hein-Jürgen Schramke, Construction Law International 13 (1) (March 2018) “As surprising as it may sound, Multi-Party and Multi-Contract Arbitration in the Construction Industry appears to be the first published monograph dealing specifically with the topic of multi-party and multi-contract arbitration in the construction sector. [Dr Kondev's] dual background as practicing lawyer and scholar allows him to address with success the topic of this book from both theoretical and practical standpoints... Dr Kondev’s expertise and well researched approach makes this monograph a highly informative read. Dr Kondev’s insightful book will be of use first and foremost to construction practitioners who are looking for a comprehensive study of the difficulties raised by the multi-party and multi-contract nature of construction disputes. That book, however, should also appeal to general arbitration practitioners and academics looking to deepen their understanding of multi-party and multi-contract arbitration, as much of the insights transpose well into areas of arbitration practice other than construction." Dr. Remy Gerbay, ICC Dispute Resolution Bulletin, Issue 2 (2018), pp. 83-84 “Dr Kondev’s book provides a useful in-depth analysis of the three main legal sources of the regulation of multi-party arbitration: the arbitration agreement, applicable arbitration rules and arbitration laws… Dr Kondev’s clear analysis leads him to conclude that the current legal framework has largely failed to provide workable solutions for the construction sector. He suggests two ways in which this framework could be improved: through the contractual regulation of multi-party disputes and by amendments to the arbitration institutional rules. Of particular practical use, recognising that the drafting of multi-party arbitration clauses can be a daunting complex exercise, Dr Kondev considers in detail the drafting of such clauses. He provides clear, and sensible guidelines, as a checklist for the drafter. Overall Dr Kondev has achieved his aim: to contribute at the theoretical level and to produce a book with a clear practical approach to the problems discussed. His book is of interest to anyone involved or interested in international construction arbitration including in-house lawyers, arbitrators, private practitioners, academics and those involved in drafting international standard forms and arbitration rules. “ Marion Smith QC, 35 The International Construction Law Review, No. 3 (2018), pp. 359-360 Table of ContentsAbout the Author x Foreword xi Preface xiii Acknowledgements xv List of Abbreviations xvi 1 Introduction 1 1.1 General background and research problem 1 1.2 Scope of the book, limitations and literature review 4 1.2.1 Scope of the book 4 1.2.2 Limitations 4 1.2.3 Literature review 5 1.3 Sources used 6 1.4 Structure of the book 9 1.5 Aims and contribution of the book 10 2 Multi‐Party Arbitration in General 11 2.1 Terminology notes 11 2.1.1 Definition of multi‐party arbitration 11 2.1.2 Multi‐party and multi‐contract arbitration: divergent or similar concepts? 12 2.1.3 Group of contracts doctrine 14 2.2 Legal techniques introducing multi‐party arbitration 15 2.2.1 Single request for arbitration 16 2.2.2 Joinder 16 2.2.3 Intervention 16 2.2.4 Consolidation 17 2.3 Advantages of multi‐party arbitration 18 2.3.1 Avoids risk of inconsistent findings 18 2.3.2 Less time and fewer costs 19 2.3.3 Fewer factual errors 20 2.4 Obstacles to multi‐party arbitration 21 2.4.1 Consensual nature of arbitration 21 2.4.2 Arbitration as a two‐party setup 23 2.4.3 Arbitration as a confidential process 24 2.4.4 Setting aside proceedings and non‐recognition and / or non‐enforcement of arbitral awards 26 2.4.5 Practical difficulties 30 3 The Need for Multi‐Party Arbitration in the Construction Sector 31 3.1 Specifics of construction disputes and construction arbitration 31 3.2 Introduction to international standard form construction agreements 33 3.2.1 FIDIC Conditions of Contract 33 3.2.2 NEC contracts 36 3.2.3 ICC contracts 37 3.2.4 ENAA model forms 38 3.2.5 IChemE contracts 39 3.2.6 PPC International and SPC International 39 3.3 Contractual structures in construction projects 40 3.3.1 ‘Build‐only’ projects 40 3.3.2 ‘Design‐build’ or ‘turnkey’ projects 41 3.3.3 Construction management 43 3.3.4 Management contracting 44 3.3.5 ‘Design‐build‐operate’ (‘DBO’) model 45 3.3.6 Partnering and alliancing 46 3.4 Parties’ interests in multi‐party arbitration 46 3.4.1 Employer 46 3.4.2 Contractor 51 3.4.3 Subcontractor 52 3.4.4 Designer 53 3.4.5 Engineer 54 3.4.6 Suppliers 56 3.4.7 Technical consultants 56 3.4.8 Guarantors 56 3.4.9 Concluding remarks 58 4 Multi‐Party Arbitration Solutions under Arbitration Rules 60 4.1 ICC Rules 61 4.1.1 Multi‐contract claims and prima facie assessment 62 4.1.2 Joinder 67 4.1.3 Consolidation 69 4.2 CEPANI Rules 71 4.2.1 Multiple parties and multi‐contract claims 71 4.2.2 Joinder and intervention 73 4.2.3 Consolidation 75 4.3 LCIA Rules 77 4.4 UNCITRAL Rules 80 4.5 Swiss Rules 84 4.5.1 Prima facie test 84 4.5.2 Consolidation 84 4.5.3 Joinder and intervention 88 4.6 Rules adopted by the American Arbitration Association (‘AAA’) 90 4.6.1 Construction Industry Arbitration Rules (‘CIAR’) 90 4.6.2 ICDR Rules 92 4.7 Vienna Rules 94 4.7.1 Joinder 95 4.7.2 Consolidation 98 4.8 DIS Arbitration Rules 99 4.9 SCC Rules 100 4.10 DIA Rules 101 4.11 Arbitration rules in Asia 102 4.11.1 CIETAC Rules 102 4.11.2 SIAC Rules 106 4.11.3 HKIAC Rules 109 4.11.4 JCAA Rules 114 4.12 Concluding remarks regarding arbitration rules 115 5 Multi‐Party Arbitration Solutions under Arbitration Laws 121 5.1 UNCITRAL Model Law 122 5.2 The United Kingdom 124 5.3 The Netherlands 129 5.4 Belgium 131 5.5 New Zealand 132 5.6 Hong Kong 133 5.7 Canada 137 5.8 Australia 138 5.9 Other countries 139 5.10 Multi‐party arbitration in the United States 140 5.10.1 Legal framework 140 5.10.2 United States’ case law on multi‐party arbitration 146 5.11 Should arbitration laws deal with multi‐party arbitration? 158 5.12 Concluding remarks regarding arbitration laws 164 6 Contractual Solutions to Multi‐Party Arbitration 167 6.1 FIDIC Conditions of Contract 169 6.2 Blue Form 175 6.2.1 Clause 18(2) of the 1984 Blue Form 175 6.2.2 Use of the Blue Form in conjunction with the FIDIC Conditions of Contract 183 6.2.3 Commentary on clause 18(2) 189 6.2.4 Clause 18(8) of the 1991 Blue Form 201 6.2.5 Clause 18(10) of the 1998 Blue Form 205 6.2.6 Clause 18C(4) of the 2008 Blue Form 206 6.3 JCT Contracts 208 6.3.1 JCT 80 approach to multi‐party arbitration 209 6.3.2 Commentary on the JCT 80 approach 219 6.3.3 New JCT approach 222 6.4 ACA standard forms 223 6.5 Nec3 226 6.5.1 Main contract provisions 227 6.5.2 Subcontract provisions 229 6.5.3 Do NEC3 provisions create a self‐contained mechanism for joint adjudication? 230 6.5.4 Compatibility between the joint adjudication provisions and the dispute notification requirements 232 6.6 IChemE contracts 234 6.7 ICC contracts 237 6.8 PPC and SPC International 238 6.9 ENAA Model forms 240 6.10 AIA standard forms 242 6.11 ConsensusDocs 247 6.12 AB 92 and ABT 93 250 6.13 Concluding remarks regarding contractual approaches 252 7 Proposed Solutions 255 7.1 Jurisdictional approach 256 7.2 Abstract consensual approach 262 7.3 Proposed contractual solutions 264 7.3.1 IBA guidelines for Drafting International Arbitration Clauses 267 7.3.2 AAA Guide to Drafting Alternative Dispute Resolution Clauses for Construction Contracts 271 7.3.3 Drafting Multi‐Party Arbitration Clauses 273 7.3.4 Sample multi‐party arbitration clause 303 7.4 Institutional approach 313 7.4.1 How to create a workable multi‐party arbitration mechanism under arbitration rules? 315 7.4.2 Compatibility of arbitration agreements 319 7.4.3 Other circumstances 322 8 Conclusion 325 Table 1 Summary of Multi-Party Arbitration Provisions under the Reviewed Arbitration Rules 328 Table 2 Summary of Multi-Party Arbitration Provisions under Arbitration Laws 333 Appendix 1 Second Alternative Clause of Clause 20 of the FIDIC Subcontract 337 Appendix 2 Multi‐Party Arbitration Provisions under the Blue Form 351 Appendix 3 Multi‐Party Arbitration Clauses under the ENAA Model Form – International Contract for Process Plant Construction, 2010 and Related Subcontracts 355 Bibliography 358 Index 381
£82.60
John Wiley & Sons Inc Evidence and Procedures for Boundary Location
Book SynopsisEVIDENCE AND PROCEDURES FOR BOUNDARY LOCATION THE UPDATED CLASSIC GUIDE TO LAND BOUNDARY LAW AND EVIDENCE DISCOVERY The revised Seventh Edition of Evidence and Procedures for Boundary Location serves as the seminal guide to the principles and concepts of land boundary law and evidence for accurately determining boundaries. Written by a team of noted authorities on the subject, the book presents the proven methods for the rediscovery of real property boundaries. Grounded in historical documentation, field investigation, and recreation of the original surveying methodology, the book contains the appropriate and legally defensible tools needed for the re-establishment of land boundaries.Thoroughly revised and updated, the classic text contains fresh examples of case law, the most recent developments in forensic investigation in the discovery of obscured evidence, as well as a new chapter on emerging technology used in boundary suTable of ContentsPreface 1 Introduction 2 Definition, Scope, and Nature of Evidence 3 Words as Evidence 4 Evidence and Technology 5 Other Types or Species of Evidence 6 Calculations and Measurements as Evidence 7 Plats as Evidence 8 Evidence of Water Boundaries 9 Using Historical Knowledge as Evidence 10 Recording and Preserving Evidence 11 Procedures for Locating Boundaries Described by Words 12 Original Surveys and Related Platting Laws 13 Unwritten Transfers of Land Ownership 14 Guarantees of Title and Location 15 Using and Understanding Words in Boundary Descriptions 16 Professional Liability 17 Professional Stature 18 The Surveyor in Court 19 The Surveyor, the Law, and Evidence: A Professional Relationship Appendix A The Surveyor’s Report Appendix B Wooden Evidence Appendix C The [Quasi-]Judicial Function of Surveyors Appendix D Geodaesia Appendix E Land Acts that Created the Public Lands Index
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Griffin Publishing 55 Successful Harvard Law School Application
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Johns Hopkins University Press Licensed to Practice
Book SynopsisThus does Dent, a little-known Supreme Court case, influence how Americans receive health care more than a hundred years after the fact.Trade ReviewThe tale told by Professor Mohr is not a dry sequence of facts, but is instead an evocative page-turner. Mohr's description of the characters in this tale is massively evocative and filled with palace intrigue and scheming worthy of Henry II... To learn the fascinating details I refer you wholeheartedly to this marvelous depiction. -- Howard Wainer Journal of Medical Regulation Mohr presents a thoroughly researched and eminently readable account of the times, people and circumstances that led to the passage of the West Virginia licensing law and its subsequent legal challenges... Reading this fascinating and personal history of a watershed moment in physician regulation encourages one to dig deeper into the history of medical regulation. -- John Harris Social History of Medicine In sprightly prose Mohr explains how the practice of medicine came to be licensed. His archival sleuthing has unearthed a complex drama involving personalities, ideas, and interests. -- Jeffrey Kahana Journal of American History Mohr clearly explains the rationale for opposing licensing and makes it easy to understand why for over a decade legal authorities remained confused and unconvinced by the decision. This book will be a useful case study for historians attempting to make the case for the contingent nature of change to non-historian policy makers. -- Joel D. Howell Bulletin of the History of Medicine Licensed to Practice covers a lot of ground... [James C. Mohr] provides a definitive account of Dent, makes an important contribution to the history of medicine in the United States, and offers an interesting study of regulation in the Progressive era. The Federal Lawyer Licensed to Practice is a valuable contribution to the history of US medicine and public health. Mohr frames the unique features of the West Virginia law and its subsequent legal history. He presents new information on the individuals involved. West Virgina History Mohr's book does a superb job presenting not just the history and the legal debates leading to Dent, but also offers well-thought-out criticisms of the consequences of the Supreme Court's Dent decision for issues such as the medical malpractice system and the policing of physician competence post-licensure. He manages to present all of this, including the rather arcane and complex legal issues in an accessible and easily-understood manner even for those who are not steeped in constitutional law or historical research. Kennedy Institute of Ethics Journal Mohr's effective blending of engaging narrative with cogent historical analysis makes this book a useful resource for historians of medicine, legal historians, as well as those interested in social history. But the book is also appealing to medical, legal, and regulatory professionals seeking a historical perspective on medical licensing, its impact on practice, and the implementation of public health in the United States. Journal of the History of Medicine and Allied SciencesTable of ContentsIntroductionProloguePart One: Background1. Medical Regulation in the United States through the Civil WarPart Two: The Medical Society of West Virginia2. Dr. Reeves and the Founding3. Building the "True Church"4. Challenges from WithinPart Three: The Board of Health5. Securing Legislation6. Exercising Power7. The Dents Confront the BoardPart Four: The Courts8. The West Virginia State Supreme Court9. Conflict and Enforcement10. The United States Supreme Court11. American Medical Practice after DentEpilogueAcknowledgmentsNotesIndex
£40.95
