Law Books

Book SynopsisFor nearly forty years, The law of the sea has been regarded as an authoritative and standard work on the subject, combining detailed analysis and relevant, practical examples with a clear and engaging style. Completely revised and updated, this new edition will be a vital resource for anyone with an interest in maritime affairs.The book provides a rigorous analysis of the 1982 UN Convention on the Law of the Sea and the many other legal instruments that regulate human activities at sea, as well as taking full account of the numerous decisions of international courts and tribunals in recent years. It also traces the historical background to the law and its broader political, economic and environmental context. The new edition includes substantially expanded coverage of contemporary threats faced by the marine environment from human activities, such as the loss of marine biodiversity, the effects of climate change on the oceans and the vast amounts of plastic polluting the sea.This volume is written by three highly qualified authors, drawing on their extensive experience of teaching and researching the law of the sea, as well as their practical experience in advising governments and acting as counsel and arbitrators in international litigation.This book is relevant to United Nations Sustainable Development Goal 14, Life below waterTable of ContentsTable of casesTable of treaties1 IntroductionScope of the bookEarly development of the subjectSources of the modern law of the seaAttempts at codificationThe UN Convention on the Law of the SeaInternational organisationsThe present legal regimeMaterials on the law of the sea 2 BaselinesIntroduction The low-water line Artificially constructed baselines Islands and baselines Publicising baselines Baselines and sea level rise Concluding observations 3 Internal watersDefinitionLegal statusThe right of access to ports and other internal watersJurisdiction in internal waters4 The territorial seaDevelopment of the conceptLegal status of the bed, subsoil and superjacent airspace of the territorial seaThe breadth of the territorial seaThe right of innocent passageThe right to deny and suspend passageRights and duties of the coastal State5 StraitsDefinitionThe regime under customary law and the Territorial Sea ConventionThe regime under the Law of the Sea ConventionThe UNCLOS regime and customary lawSpecial regimes6 The legal regime of archipelagic watersIntroduction Development of a special regime for archipelagos Legal status of archipelagic waters Navigational rights of other States in archipelagic waters Obligations of an archipelagic State in its archipelagic waters Conclusion 7 The contiguous zoneIntroductionDevelopment of the conceptBreadth of the contiguous zoneClaims to a contiguous zoneLegal status of the contiguous zone8 The continental shelfIntroductionThe legal status of the continental shelf The outer limit of the continental shelfThe Commission on the Limits of the Continental ShelfThe continental shelf of AntarcticaThe rights and duties of the coastal StateNon-independent territories 9 The exclusive economic zoneIntroduction Evolution of the EEZ Extent and delineation of the EEZ The legal nature of the EEZ Claims to an EEZ Concluding observations 10 The delimitation of maritime boundariesIntroduction The process of maritime boundary delimitation Delimitation of territorial sea boundaries Delimitation of maritime boundaries beyond the territorial sea but within 200 miles of the baseline Delimitation of continental shelf boundaries beyond 200 miles Grey areas Obligations of States with overlapping maritime zones pending delimitation of a maritime boundary Areas of joint management and exploitation and other co-operative arrangements The effect of sea level rise on maritime boundary agreements Concluding observations 11 The high seasIntroductionDefinitionThe legal status of the high seasFreedom of the high seasJurisdiction on the high seas12 The international seabed areaIntroduction The background to the provisions of UNCLOSResolutions I and II: Preparatory Investment ProtectionThe Reciprocating States RegimePrepcom, the UNCLOS regime and the 1994 Implementation AgreementPrinciples of the UNCLOS regime: an overviewThe International Seabed AuthorityThe system of exploitationThe common heritage 13 Safety of navigationIntroduction The legal framework for the adoption, implementation and enforcement of safety measures Construction, design and equipment standards The qualifications and working conditions of ships’ crews The movement of ships Other safety measures Concluding observations 14 The international regime governing marine fisheries Introduction Some background issues The evolution of international fisheries law The regime for fisheries within national jurisdiction The regime for fisheries on the high seas Instruments applying both within and beyond national jurisdictionConcluding observations 15 Protection of the marine environment: an introductionIntroduction The framework of international law for protecting the marine environment Principles for marine environmental policy-making and legislation Control of marine pollution: an introduction Conservation of marine biodiversity: an introduction 16 Protection of the marine environment: controlling marine pollution Introduction Pollution from ships Pollution by dumping Pollution from sea-bed activities subject to national jurisdiction Pollution from activities in the Area Pollution from land-based sources Pollution from or through the atmosphere Concluding observations 17 Protection of the marine environment: conserving marine biodiversityIntroduction Holistic instruments Protection of marine habitats Conservation of species Concluding observations 18 The international legal regime for marine scientific researchIntroductionDevelopment of the international legal regime for marine scientific research The meaning of ‘marine scientific research’The scope of the competence to conduct marine scientific research under UNCLOSGeneral principles governing marine scientific researchThe legal status of research installations and equipmentInternational co-operation in marine scientific researchMarine scientific research under regimes other than UNCLOSConcluding observations19 The transfer of marine technologyIntroductionThe transfer of marine technology under UNCLOSCapacity-building20 Landlocked States and the law of the seaIntroductionThe navigational rights of landlocked StatesThe access of landlocked States to marine resourcesThe access of landlocked States to the seaConclusions 21 Settlement of disputesSettlement of disputes under general international lawSettlement of disputes under the Law of the Sea ConventionGeneral issues concerning dispute settlementIndex

Read more less

Book SynopsisIn this thoroughly updated second edition, Matthias Herdegen provides a comprehensive and contemporary assessment of the regulation of biotechnology processes and products from an international and comparative perspective, complete with analysis of intricate legal and ethical debates.Trade Review‘The 2nd edition of this magisterial work remains an essential reference work on the international law of biotechnology, now updated with the latest developments. The book is and remains a must-read for anyone interested in biotechnology law and a valuable reference guide for experts working in this field.’ -- Prof. Dr. Claudia Seitz, M.A. (London), Professor for Public Law, European Law, International Law and Life Sciences Law at the Faculty of Law of the Private University in the Principality of LiechtensteinTable of ContentsContents: Preface 1. Introduction: regulation of biotechnology, between anxieties and trust in scientific progress 2. Law and ethics: an intriguing interplay 3. Risks, perceptions and the law: regulatory approaches to risk 4. The biotech challenge to human dignity, life and freedom of choice: human rights 5. From test tube babies to human clones: salient issues in the international law of biomedicine 6. GMOs, crops and precaution: biotechnology and international protection of the environment 7. Combating biopiracy: access to genetic resources 8. Phantom risks and legitimate concerns: biotechnology and international trade law 9. Inventors’ claims to life: intellectual property rights and biotechnological inventions 10. Conclusion: legal values, individual rights and democratic choices in a pluralist world Index

Read more less

Book SynopsisThis innovative textbook, now in its second edition, presents EU competition law in political, economic and comparative context. It brings competition law to life from an EU and global perspective, with cross currents of trade and industrial policy and attention to the intervention of the state in the market. Quintessentially readable, the book deftly and concisely excerpts the key cases and embeds them in explanatory materials, including policy statements and regulations. It is entirely up to date and integrates, for example, new issues of power in the digital economy. Notes accompanying the cases raise hard questions and explain the fascinating issues underlying contemporary competition policy in the European Union and around the world.The book covers the full range of competition law and policy subjects, namely: the Treaties and the single market, cartels, other horizontal and vertical agreements, abuses of dominance, merger control, and state restraints including State aids. Among key features, the book: integrates law, economics and policies, providing a holistic sense of competition law and its place in the EU system is unusually concise, given its coverage, while explaining the critical nuances of cases by means of notes and questions provides a unique comparative perspective by including excerpts of landmark US antitrust cases and numerous other comparative references. This book is a perfect textbook for students of EU competition law and even competition law in general, given that most nations in the antitrust family of the world build their competition laws upon the EU model. It is useful for specialized seminars on European, US, and other nations’ and regions’ competition laws. It is also an excellent desk book and resource for academics, enforcers and practitioners in the field.Trade Review‘European competition consists of a few provisions that, despite their abstract nature, deeply affect the economy and society as a whole. In the second edition of EU Competition Law, Eleanor Fox and Damien Gerard brilliantly illustrate this impact, not only by presenting the most striking European cases in a comparative law perspective that refers to their main US counter parts, but also by distilling from these cases the essential questions and issues, which students, scholars and practitioners must address when they study or apply EU competition law.’ -- Marc van der Woude, President of the EU General Court, Luxembourg‘In Europe, we don’t have a long tradition of casebooks, but Fox & Gerard is a wonderful exception. Perfect length and focus and perfect combination between the old and revered (Consten & Grundig, Wood Pulp, Delimitis, Hoffmann-La Roche) and the new and revolutionary (Cartes Bancaires, Intel, Google Shopping, CK Telecoms). Substance-procedure, and private-public law of competition are equally treated. In sum, perfect dosage on all fronts.’ -- Assimakis Komninos, White & Case LLP, Brussels‘While remaining a comprehensive, clear and thoughtful introduction to EU competition law, the new edition of this groundbreaking textbook is a welcome and necessary update that contains additional insightful and provocative commentary on the substantive and procedural differences in the respective competition law and policies of the EU and the US, as well as on their respective enforcement context.’ -- Mark Leddy, Cleary Gottlieb Steen & Hamilton LLP, USAcclaim for the previous edition:‘Reading this brilliant casebook is like being in one of Professor Fox’s famed lectures: well-chosen texts, insightful commentary, historical and economic context, thought-provoking questions, and illuminating international comparisons. Clever, comprehensive, and thoughtful, it provides a fresh, lively, user-friendly perspective of value to students and practitioners alike.’ -- Nicholas Levy, Cleary Gottlieb Steen & Hamilton, Brussels and London‘Setting forth the big principles, this book is full of accurate summaries of key topics, and sizzles with interesting questions. The classic cases are very well presented and the judgements of the EU courts examined concisely. Given its provocative approach, it would be easy to hang an entire term of lectures around a single chapter.’ -- Ian Forrester, former Judge, General Court of the European Union‘A book on European competition policy must explain to its readers how this policy has been effective in unifying an initially fragmented market and how different it is from others in its equal attention to both public and private restraints and in preserving competition as an open process over and above efficiency itself. It is precisely what you find here. Exhaustive and simple, sophisticated and clear, this book is a unique source of analysis and materials for scholars, practitioners and students inside and outside Europe.’ -- Giuliano Amato, European University Institute and former Prime Minister of ItalyTable of ContentsContents: Preface. Introduction 1. The Treaty, Objectives and the Single Market 2. Cartels 3. Horizontal Restraints 4. Vertical Restraints 5. Abuses of Dominance 6. Merger Control 7. The State and the Competition Afterword Index

Read more less

Book SynopsisAn eye-opening analysis of the costs and effects of immigration and immigration policy, both on American life and on new Americans.Trade Review"An excellent book with significant potential impact. The authors have done something quite novel: combined a review of the empirical social science evidence on the costs and benefits of undocumented immigration and the effects of various policies with personal stories about the lives of undocumented immigrants. The stories provoke an emotional, moral response, while the more scientific approach taken by the academic summaries provide evidence and rational calculations of costs and benefits. The writing is clear and propulsive, and the personal narratives lend a sense of urgency to the discussions of policy. If I were teaching a class on immigration economics, I would assign this book."--Megan MacGarvie, Boston University Questrom School of BusinessTable of ContentsPrologue Part One: Arrivals Part Two: Arrests Part Three: Afterward Conclusions Acknowledgments Notes Index

Read more less

Book SynopsisThe Power in the Landchallenges the pessimistic belief, nurtured by the depressions of the last two decades, that unemployment is now a permanent feature our society. The author elaborates policies, based on a radical reform of the tax system, which would banish involuntary unemployment and generate continuous economic growth.

Read more less

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

Read more less

Book SynopsisThe Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. This edition offers a complete text of the Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and commentary.

Read more less

Book SynopsisBelligerent occupations existed in both World Wars and have occurred more recently in all parts of the world (including Iraq, Afghanistan, the former Yugoslavia, Congo, Northern Cyprus, Nagorno-Karabakh, Georgia, Eritrea and Ethiopia). Owing to its special length exceeding half a century and still in progress and the unprecedented flow of judicial decisions, a special focus is called for as regards to the occupation of Palestinian territories by Israel. International law addresses the subject of belligerent occupation in some detail. This second, revised edition updates the text (originally published in 2009) in terms of both State practice and doctrinal discourse. The emphasis is put on decisions of the Security Council; legislation adopted by the Coalition Provisional Authority in Iraq; and predominantly case law: international (Judgments of the International Court of Justice, the International Criminal Tribunal for the Former Yugoslavia and the European Court of Human Rights; AdviTable of Contents1. The general framework; 2. The legal nature and basic principles of belligerent occupation; 3. Human rights and belligerent occupation; 4. The maintenance of law and order in occupied territories; 5. Legislation by the occupying power; 6. The judicial system in occupied territories; 7. Protection of the civilian population under belligerent occupation; 8. Special protection in occupied territories; 9. Destruction, spoliation and pillage of property in occupied territories; 10. Seizure and requisition of property in occupied territories; 11. Other major issues relating to belligerent occupation; 12. The termination of belligerent occupation; Conclusion.

Read more less

Book SynopsisWritten by one of the world's leading international lawyers, this is the new and updated edition of Jan Klabbers' landmark textbook. International law can be defined as 'the rules governing the legal relationship between nations and states', but in reality it is much more complex, with political, diplomatic and socio-economic factors shaping the law and its application. This refreshingly clear, concise textbook encourages students to view international law as a dynamic system of organising the world. Bringing international law back to its first principles, the book is organised around four questions: Where does it come from? To whom does it apply? How does it resolve conflict? And what does it say? Building on these questions with both academic rigour and clarity of expression, Professor Klabbers breathes life and energy into the subject. Footnotes point students to the wider academic debate while chapter introductions and final remarks reinforce learning. This third edition includes rTrade Review'The book is written in a straightforward and slightly provocative style - one may refer to it as 'Dutch directness'. This makes the book a great pleasure to read. The many rhetorical and unanswered questions raised throughout the book provoke the reader to reflect critically on the materials and doctrine provided therein. Klabbers dishes up the usual materials, and he does sketch the doctrines, like all other textbooks, but then he leaves it up to the reader to draw the conclusions … By distancing itself from today's immediate challenges, the book shows the reader that international law does more than simply chase after such events, always arriving too late to make a difference.' Otto Spijkers, Professor of International Law at the China Institute of Boundary and Ocean Studies (CIBOS), Wuhan University, China'No-one is better at explaining the nuance of international law while keeping an eye squarely on the details than Jan Klabbers. This new edition of his groundbreaking textbook is a terrific update to an essential book. The book charts the theories and assumptions that make up the international legal system while telling engaging stories about the histories and cases that constitute its practice. The combination is readable, informative, and unmatched among international law textbooks.' Ian Hurd, Professor of Political Science and Director of the Weinberg College Center for International and Area Studies, Northwestern University'The new edition of this textbook offers well-organised and updated reading material, always with the author's signature combination of systemic rigour and political sensibility, liveliness and academic thoroughness. The textbook is highly recommended for an intelligent and contextualised introduction to international law.' Catherine Brölmann, Associate Professor of international law, Department of International Law, University of Amsterdam'Refreshing and argumentative, but also clear and concise - this textbook is a must for those wanting to combine the acquisition of knowledge with a deeper appreciation of the disagreements and controversies that abound in International Law.' Nigel White, School of Law, University of NottinghamTable of ContentsPart I. The Structure of International Law: 1. The Setting of International Law; 2. The Making of International Law; 3. The Law of Treaties; 4. The Subjects of International Law; 5. Jurisdiction, Powers, and Immunities; 6. The Individual in International Law, including Human Rights; 7. The Law of Responsibility; 8. International Courts and Tribunals; 9. Sanctions, Countermeasures, and Collective Security; Part II. The Substance of International Law: 10. Use of Force; 11. The Law of Armed Conflict; 12. International Criminal Law; 13. The Seas, the Air, and Outer Space; 14. Protecting the Environment; 15. The Global Economy; Part III. The Surroundings of International Law: 16. Domestic Courts and their Relationship with International Law; 17. The Politics and Ethics of International Law and Global Governance; 18. By way of Conclusion.

Read more less

Book SynopsisThis exciting textbook introduces the basic tenets and methodologies of empirical legal research. Explaining how to initiate and conduct empirical research projects, how to evaluate the methods used and how to analyze and engage with the results, Kees van den Bos provides a vibrant and reliable primer for students and practitioners looking to engage actively in legal research. Key features include: A straightforward, non-technical and accessible style to engage new researchers in empirical legal research A step-by-step guide to empirical research, leading students through establishing and building a research project, to interpreting and reporting on empirical data An exploration of an array of methodologies to gather empirical data, including interviews, surveys and experiments, providing plenty of avenues for research Exercises to allow students to put new skills into practice and suggested further reading to deepen students' understanding of new topics. Offering an enthusiastic introduction to a valuable subject, this is crucial reading for advanced law students hoping to pursue their own empirical legal research projects. Its insights into cutting-edge research methodologies will also be of benefit to students with a keen interest in the sociology of law, as well as socio-legal studies more widely.Trade ReviewThis textbook is a very accessible and practical guide to empirical legal research. The non-technical explanations of interviews, surveys and experiments make it easy to understand the pros and cons of each method and to know when to use them. It will be perfect as a textbook in an interdisciplinary methods course for law students.' --Sanne Taekema, Erasmus University Rotterdam, the Netherlands'Empirical Legal Research: A Primer is a wonderful introduction to, and continuing reference for, the use of empirical methods to study legal issues. At a time when policy research, evidence-based legal process, and fact-based input into legal decisions are becoming more and more important, this book is a valuable resource for law students, legal scholars, practicing lawyers, and policy makers. The book is accessible and interesting - I recommend it!' --Allan Lind, Duke University, US'Empirical Legal Research: A Primer is a great book. It makes clear that doing empirical research is important, enriching and fun. It explains in a very simple, clear and effective way how to set up and carry out such research and what part of empirical research you can carry out yourself and when you need the help of an expert. If I had never done any empirical legal research myself, I'm sure that I would want to start immediately after reading this book.' --Bert Marseille, University of Groningen, the NetherlandsTable of ContentsContents: Part I. Start: Moving from Content to Empirical Research Questions 1. Why Empirical Legal Research 2. Research Goals, Problems and Questions Part II Research Methods: Studying Empirical Questions 3. Interviews 4. Surveys 5. Experiments Part III Interpreting Empirical Data: Moving Back to Content 6. Data Analyses 7. Reporting of Results 8. What Next References Subject Index

Read more less

Book SynopsisPillay, a trailblazer in Human Rights Law, was born in 1941 to a humble Indian family in apartheid South Africa. She faced enormous obstacles to her aspirations for further education and a meaningful career. However, in 1967 she was the first black woman in South Africa to set up a law practice which she used to defend many anti-apartheid activists. She also used her skills to protect the rights of political prisoners and remarkably, in 1973, she succeeded in obtaining legal representation and basic amenities for the inmates of Robben Island.In 1995 when the first democratic government was formed in South Africa, Nelson Mandela nominated Pillay as the first black female judge in the Supreme Court. In the same year she joined the International Criminal Tribunal for Rwanda. Since then Pillay has become one the world's leading advocates in the field of human rights.The biography of Navi Pillay is part of Arcadia's BlackAmber Inspiration series edited by Rosemarie Hudson, founder of BlackAmber. These pocket-sized biographies, aimed at students and general readers alike, celebrate African, Caribbean and Asian heroes.

Read more less

Book SynopsisAn explosive investigation into how the United States of America built one of the largest illicit offshore finance systems in the world. For years, one country has acted as the greatest offshore haven in the world, attracting hundreds of billions of dollars in illicit finance tied directly to corrupt regimes, extremist networks, and the worst the world has to offer. But it hasn’t been the sand-splattered Caribbean islands, or even traditional financial secrecy havens like Switzerland or Panama that have come to dominate the offshoring world. Instead, the country profiting the most also happens to be the one that still claims to be the moral leader of the free world, and the one that claims to be leading the fight against the crooked and the corrupt: the United States of America. American Kleptocracy examines just how the United States’ implosion into a centre of global offshoring took place: how states such as Delaware and Nevada perfected the art of the anonymous shell company; how post-9/11 reformers watched their success usher in a new flood of illicit finance directly into the U.S.; how African despots and post-Soviet oligarchs came to dominate American coastlines, American industries, and entire cities and small towns across the American Midwest; how Nazi-era lobbyists birthed an entire industry of spin-men whitewashing transnational crooks and despots, and how dirty money has now begun infiltrating America’s universities, think tanks, and cultural centres; and how those on the frontline are trying to restore America’s legacy of anti-corruption leadership ― and finally end this reign of American kleptocracy. It also looks at how Trump’s presidency accelerated all of the trends already on hand ― and how the Biden administration can, and should, act on this tawdry inheritance.Trade Review‘Casey Michel cuts through the spin, to reveal the inner workings of the American economy. His writing has shown again and again the subterfuges and secrecy at the heart of how money moves through the financial system, and does it with panache, wit, and a blessed aversion to jargon. I always read his work, and can't wait to read this one.’ -- Oliver Bullough, author of the international bestseller Moneyland: the inside story of the crooks and kleptocrats who rule the world‘Casey is the foremost journalistic voice in the fight against kleptocracy. No other individual is so consistently on the case and interested in both the actors and the possible policy responses. His knowledge of the existential danger posed by kleptocracy is bar none, and we rely on his work like no one else to inform policy.’ -- Paul Massaro, Congressional Policy Advisor to US Helsinki Commission‘Michel masterfully recounts the tragicomic outcomes when outre autocrats meet serviceable financial and legal systems.’ -- Martin Sandbu * Financial Times *‘Remarkable and perspicacious … an important and eye-opening book.’ -- Bradley Hope, New York Times bestselling co-author of Billion Dollar Whale‘Remarkable and well-researched … Casey Michel shows how the U.S. has taken the top spot at the ease of doing illicit business legally.’ -- Katharina Pistor, author of Code of Capital‘An indefatigable young American journalist who has virtually cornered the international kleptocracy beat on the U.S. end of the black aquifer.’ * The Los Angeles Review of Books *‘Mr Michel builds his book around two characters, both prolific users of America’s financial-secrecy infrastructure, deftly weaving together their stories and his analysis.’ * The Economist *‘Clearly-written, compelling, and fast-paced … a clarion call for citizens and those at all levels of government who have not yet realised that we need to clean up our own act to protect ourselves from predatory adversaries.’ -- Fiona Hill, senior fellow at the Brookings Institution‘Casey Michel brings home the extent to which the United States has fuelled money laundering, corruption, and other crimes plaguing the world. His passionate writing comes from his outrage at what has gone on in our own backyard and his understanding of what is at stake, namely trillions of dollars hidden from our national treasury with help from U.S. banks. Readers will learn why it is critical for Americans to look inward and do more to stop the abuses here at home that are helping to power illicit finance around the world.’ -- Senator Carl Levin‘Rule-of-law democracies are engaged in a clash of civilisations against international criminals, kleptocrats, and corrupt politicians. Michel exposes the troubling role the U.S. has played in facilitating the dark economy and underscores the urgent need for transparency, reform, and accountability.’ -- Senator Sheldon Whitehouse‘If the right person writes the right book, and enough of the right people read it, incredible changes can take place. Casey Michel has written such a book. In the right hands, it could spur policy shifts in the U.S. that would have global ramifications.’ -- Jasmin Mujanovic, author of Hunger and Fury ‘Compelling and colourful … Casey Michel is one of the United States’ brightest emerging foreign policy thinkers — a scholar, journalist, and policy expert who has spent years chronicling the rise of globalised corruption in meticulous detail. In American Kleptocracy, he provides the definitive account of the defining threat of our era — weaving together an irresistible narrative with a bold but pragmatic agenda for reform that can end America’s complicity in foreign corruption.’ -- Nate Sibley head of Hudson Institute's Kleptocracy Initiative‘American Kleptocracy is essential reading to understand how the U.S. has become the global destination for dirty money. Michel exposes the international shell games that the super-wealthy and their professional enablers deploy to launder and stash cash. He exposes why this matters, as illicit funds disrupt local real estate markets and undermine honest economic activity.’ -- Chuck Collins, director of the Program on Inequality and the Common Good at the Institute for Policy Studies, and author of The Wealth Hoarders: how billionaires pay millions to hide trillions‘In this vitally important book, Casey Michel follows the money. He shows us how, and why, so much of it ends up in American luxury real estate, hedge funds, startups, and shell corporations. Compelling true-life stories, carefully marshaled statistics, and careful analysis combine to make Michel’s book the must-read account of one of the key challenges of our time.’ -- Dan Nexon, professor of Government and Foreign Service at Georgetown University, and co-author of Exit from Hegemony‘[Casey Michel is] owed a debt of gratitude by free people everywhere.’ -- Thor Halvorssen, president of the Human Rights Foundation‘Journalist Michel debuts with a blistering account of how greed, deregulation, and deliberate avoidance have enabled dictators and drug cartels to launder their illicit profits in the US … Through rigorous research and cogent prose, Michel builds a persuasive case that the influx of unregulated money decimates America’s industrial regions and poses a grave threat to democracy. This is a stunning portrait of avarice run amok.’ * Publishers Weekly *‘Michel’s clear prose helps make a complicated subject comprehensible, and leaves readers with some hope that financial corruption may not be so inevitable after all.’ * Booklist *‘[Michel] is a masterful storyteller who grips readers with truthful and disturbing accounts of outlandish schemes … eye-opening and comprehensive.’ * Library Journal *‘Michel, a dogged investigative reporter, is as knowledgeable as they come on financial corruption in and around the United States. In American Kleptocracy, he brings it all together … Michel makes a convincing case that there has never been an illicit financial system as robust and versatile as the one the US has created, a shadow economy servicing financiers, lobbyists, old money and the newly corrupted.’ * CrimeReads *‘[A] compact grenade of a book.’ -- Gideon Haigh * The Weekend Australian *

Read more less

Book SynopsisA poignant account of everyday polygamy and what its regulation reveals about who is viewed as an "Other" In the past thirty years, polygamy has become a flashpoint of conflict as Western governments attempt to regulate certain cultural and religious practices that challenge seemingly central principles of family and justice. In Forbidden Intimacies, Melanie Heath comparatively investigates the regulation of polygamy in the United States, Canada, France, and Mayotte. Drawing on a wealth of ethnographic and archival sources, Heath uncovers the ways in which intimacies framed as "other" and "offensive" serve to define the very limits of Western tolerance. These regulation efforts, counterintuitively, allow the flourishing of polygamies on the ground. The case studies illustrate a continuum of justice, in which some groups, like white fundamentalist Mormons in the U.S., organize to fight against the prohibition of their families' existence, whereas African migrants in France face racialized discrimination in addition to rigid migration policies. The matrix of legal and social contexts, informed by gender, race, sexuality, and class, shapes the everyday experiences of these relationships. Heath uses the term "labyrinthine love" to conceptualize the complex ways individuals negotiate different kinds of relationships, ranging from romantic to coercive. What unites these families is the secrecy in which they must operate. As government intervention erodes their abilities to secure housing, welfare, work, and even protection from abuse, Heath exposes the huge variety of intimacies, and the power they hold to challenge heteronormative, Western ideals of love. Trade Review"An important intervention into racialized gendered states and their making of marriage and intimacy norms. It beautifully exposes the social consequences of government regulation, reminding us that the family and home are not private spheres, especially among those stigmatized as different."—Eileen Boris, University of California, Santa Barbara"This is a valuable contribution to the literature. It provides a fresh look at globalized pressures to rid western culture of controversial or unsavory practices, such as polygyny. Highly recommended."—Janet Bennion, Northern Vermont University"Forbidden Intimacies provides an outstanding and much-needed map of the many forms that polygamy takes across borders of nation, race, language, culture, law, policy, and time period. Melanie Heath's innovative methodologies, extensive data set, and analysis make the book an essential tool for historical, sociological, and legal investigations of family, and also for work on gaps between law-on-the-books and law-in-action."—Martha Ertman, University of Maryland Law School"This beautifully honed study definitively overturns misconceptions of polygamy. Indeed, it transforms our understandings of these non-monogamous racialized marital forms through multi-sited ethnography and comparative, intersectional, and transnational analysis. Its gift is to show that plural marriages endure in complex ways due to and despite impositions of state governance and white Christian nationalisms in the west."—Jyoti Puri, Simmons University"With empathy and intelligence, Forbidden Intimacies examines the troubled debates around polygyny, marriages involving one husband with two or more wives. Tradition? Oppression? Choice? Crime? With illuminating case studies from three countries, Melanie Heath throws new light on women's agency, patriarchal power, criminalization, and the racial projects of modern states."—Raewyn Connell, University of Sydney"[Heath] explores how the state shapes (and is shaped by) intimate expression and concludes that governments oftenprohibitthese forms of intimacy in an effort to 'uphold the white, monogamous, heterosexual family ideal' and demarcate boundaries of sexual acceptance, boundaries that ultimately contribute to notions of national identity. An important contribution to the field of sexuality, marriage, and family studies. Recommended."—J. R. Mitrano, CHOICE"[Forbidden Intimacies] is methodologically innovative, and the data and analysis provided by Heath make important contributions to our understanding of national identities, colonialism, culture, gender, race, and family.... Heath's methods provide an excellent example of how to do Sociology and should be required reading for anyone who does or is learning to do sociological research."—Mimi Schippers, Social ForcesTable of ContentsIntroduction: Forbidden Intimacies in Global Perspective 1. Racial Projects and Unexpected Divergences in Regulating Polygyny 2. Labyrinthine Love and Homegrown Polygamies 3. Migratory Polygamies: Racialization and Colonial Reckonings 4. Patriarchal Musings: Gender, Power, and Agency in Living Forbidden Intimacies 5. Race, Religion, and Stigmatized Intimacies: Pushing Polygynous Families Underground 6. Recognizing Polygamies: Fighting Over Intimacy Conclusion: Forbidden Intimacies, Racial Projects, and Legal Jeopardy

Read more less

Book SynopsisA new edition of a seminal text in Critical Race TheorySince the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects ofpublic life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and hasTrade ReviewComprehensive and insightful, Critical Race Theory, Third Edition is a must read for those wondering ‘why the fuss?’ about racial justice and a must read for those who think they know. An essential tool for today’s world. -- Stephanie M. Wildman, Professor Emerita, Santa Clara UniversityWithout doubt this is the best introduction available to Critical Race Theory. The authors are inspirational writers who have shaped CRT from its inception to its present state as a global interdisciplinary movement of scholars and activists. CRT provides a radical and challenging perspective that reveals how racism shapes the everyday reality of the world; from law courts and prisons, to the economy, schools, media, and health care. -- David Gillborn, Emeritus Professor of Critical Race Studies, University of Birmingham, UKOne of the most acclaimed critical race theory books... accessible and informative. * Book Riot *

Read more less

Book SynopsisA heroic narrative.One of The New Yorker's Best Books of 2023A detailed examination of . . . the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists.The New York Times Book ReviewA deeply researched legal drama that documents this landmark First Amendment rulingone that is more critical and controversial than ever. Actual Malice tells the full story of New York Times v. Sullivan, the dramatic case that grew out of segregationists' attempts to quash reporting on the civil rights movement. In its landmark 1964 decision, the Supreme Court held that a public official must prove actual malice or reckless disregard of the truth to win a libel lawsuit, providing critical protections for free speech and freedom of the press. Drawing on previously unexplored sources, including the archives of the New York Times Company and civil rights leaders, Samantha Barbas tracks the saga behind one of the most important First Amendment rulings in history. She situates the case within the turbulent 1960s and the history of the press, alongside striking portraits of the lawyers, officials, judges, activists, editors, and journalists who brought and defended the case. As the Sullivan doctrine faces growing controversy, Actual Malice reminds us of the stakes of the case that shaped American reporting and public discourse as we know it.Trade Review"A law professor puts forth a detailed examination of New York Times v. Sullivan, the landmark 1964 Supreme Court decision that defined libel laws and increased protections for journalists, in the context of the civil rights movement." * The New York Times Book Review *"A new book, Actual Malice, by Samantha Barbas, a law professor and historian, unfurls the story of the case and reminds readers that the triumph of press freedom was an outgrowth of the civil-rights struggle. Versions of the story have been told before, perhaps most famously in Anthony Lewis’s "Make No Law" more than three decades ago. Yet Barbas deftly employs archival sources—notably from the Times, from the Martin Luther King, Jr., papers, and from the Southern Christian Leadership Conference—to shed new light. Her book illuminates the effect of libel suits on journalists’ ability to cover the movement, the legal strategies used against those suits, and the impact of the case on the civil-rights movement itself. A heroic narrative in which the litigation helped vanquish segregationists serves to underscore what Barbas calls the 'centrality of freedom of speech to democracy.'" * The New Yorker *“Barbas’s endorsement of the Sullivan decision is more nuanced than those of [Anthony] Lewis and [Aimee] Edmondson, and more reflective of the current moment. She appreciates the need for libel lawsuits at a time when ‘damaging falsehoods can spread online with a click, and reputations [can be] destroyed instantly.’ But she recognizes that the protections of Sullivan are needed as much, or more, by individuals as by media companies. The story of Sullivan, and of the precedent’s possible demise, reveals as much about our own times as it does the 1960s.” -- Jeffrey Toobin * The New York Review of Books *"One might think that another book-length history and analysis of New York Times v. Sullivan would be superfluous, given the quality of Lewis’s Make No Law and Hall and Urofsky's New York Times v. Sullivan: Civil Rights, Libel Law, and the Free Press. Actual Malice, however, may become the go-to book for combining both perspectives in a single volume and enhancing them with some archival sources that the other two books did not use." * Choice Reviews *"Actual Malice is concise yet thorough, crisply written, brimming with sharp observations, amply documented, and admirably acknowledges different points of view." * Law and Liberty *Table of ContentsIntroduction 1. All the News That's Fit to Print 2. Libel and the Press 3. The Paper Curtain 4. Heed Their Rising Voices 5. Montgomery v. The New York Times 6. Birmingham v. The New York Times 7. Doing Business in Alabama 8. "This New Weapon of Intimidation" 9. A Civil Rights Crisis 10. The Iron Curtain 11. Make No Law 12. Herbert Wechsler 13. Before the Court 14. Arguments 15. Actual Malice 16. Free, Robust, and Wide Open Acknowledgments Notes Archival Collections Index

Read more less

Book SynopsisAn original book offering a unique theoretical approach, Re-examining Insolvency Law and Theory analyses the important role that legal theory plays in the development of insolvency law. It explores how law and theory are able to respond to issues of financial distress in the 21st century and questions how insolvency law could develop to address contemporary challenges.Re-examining Insolvency Law and Theory brings together international experts in insolvency, who consider the key conceptual influences that have impacted insolvency law since the beginning of the 21st century. Chapters address a number of theoretical perspectives, divided into overall philosophical considerations, theoretical criticisms of the internal mechanisms of insolvency law, and how external theoretical paradigms could be used to shift perspectives on insolvency frameworks. Presenting a distinctive and conceptually holistic approach, this erudite book provides an essential contribution to an ever evolving area of legal research and practice.Re-examining Insolvency Law and Theory is a crucial read for academics and students interested in insolvency law both in the UK and internationally. It will also be highly insightful for legal professionals and practitioners specialising in insolvency law.Trade Review‘This important new text offers clear and accessible theoretical perspectives on insolvency law, bringing varied perspectives together through readable introductory chapters. At one time the main insolvency law theories were well-rehearsed and it was necessary to search far and wide for the fresh insights that this book brings in one volume. In discussion of key theoretical concepts, theorists and perspectives from other disciplines this text will be extremely valuable for researchers with interests in insolvency law and will inspire further reading.’ -- Rebecca Parry, Nottingham Trent University, UK‘This collection is a very welcome contribution to scholarship in relation to the law of corporate insolvency and rescue. The doctrinal features of this body of law are complex and challenging. The addition of a theoretical analysis is long overdue, partly I am sure because of the intellectual challenges of combining theory with doctrinal clarity. The authors have done so admirably, not surprising to those of us who are aware of the standing and reputation of many of the contributors to the collection. This is a volume which is a “must have” for all interested in the subject.’ -- Irene Lynch Fannon, University College Cork, IrelandTable of ContentsContents: 1 Introduction: insolvency theory for a new age 1 Emilie Ghio, John M. Wood and Jennifer L. L. Gant PART I PHILOSOPHICAL CONSIDERATIONS AND INFLUENCES ON INSOLVENCY LAW 2 Insolvency law and morality 8 Paul Omar 3 The liberalisation of bankruptcy law 24 David Milman 4 Insolvency law and the legal feminist movement 40 Lézelle Jacobs 5 A Dworkinian approach to insolvency law 55 Catherine Brown and Colin Anderson 6 A Nietzchean approach to debt and human thought 72 John Tribe 7 A Rawlsian approach to preventive restructuring 96 Stathis Potamitis and Xenophon Paparrigopoulos PART II AN INWARD-LOOKING STUDY OF INSOLVENCY LAW 8 Decision theory and insolvency law 116 John M. Wood 9 The competing goals theory and insolvency law 133 Jason Harris 10 Successor liability theory and insolvency law 153 Laura N. Coordes 11 Vulnerability theory and insolvency law 166 Jennifer L. L. Gant PART III AN OUTWARD-LOOKING STUDY OF INSOLVENCY LAW 12 Insolvency law through the lens of human rights theories 190 Eugenio Vaccari and Tara Van Ho 13 Insolvency law through the lens of company law theories 216 Jonathan Hardman 14 Insolvency law through the lens of a contract theory of restructuring 228 Stephan Madaus 15 Insolvency law through the lens of property law theories 244 Alisdair MacPherson 16 Insolvency law through the lens of psychology theories 262 Emilie Ghio 17 Concluding remarks: new ways to theorise about insolvency and rescue 281 Jennifer L. L. Gant, Emilie Ghio and John M. Wood Index 298

Read more less

Book SynopsisBroker-Dealer Compliance is a concise yet comprehensive guide that reviews the state of broker-dealer compliance, both from general and practical perspectives. While the book has a practical focus, it also makes use of legal scholarship and behavioral and organizational literature on compliance that have grown exponentially in recent years.James Fanto discusses the main, well-established elements and practices in a broker-dealer compliance program and illustrates them with case studies and practical examples drawn from real-life situations to demonstrate the goals of a particular program element and problems in its implementation. Moreover, each chapter highlights the pressures on compliance officers and the trends that collectively may transform compliance practice in a particular area.Professionals in broker-dealer and investment firm compliance practice will find this book a readable introduction to the field. Experienced practitioners can refresh their knowledge and even learn something new about brokerage compliance program elements and practices.Trade Review‘Jim Fanto gives readers a readable, sophisticated and practical guide for all those trying to find their way through the maze of contemporary compliance, including best practices and traps for the unwary.’ -- Donald Langevoort, Georgetown University Law Center, US‘James Fanto has written a comprehensive and exceedingly accessible book on the topic of broker-dealer compliance. Professor Fanto is extraordinarily well-situated to address this topic, having served as a reporter on the American Law Institute’s Principles of Compliance project. The book clearly articulates the applicable rules and regulations, illustrating the key points with helpful case studies. It will be an indispensable reference work for those involved or interested in the field.’ -- Claire Hill, University of Minnesota Law School, USTable of ContentsContents: Preface 1. Introduction: why broker-dealer compliance? 2. Compliance risk management 3. Compliance policies and procedures 4. Compliance training 5. Compliance advice, ethics, and culture 6. Compliance monitoring and surveillance 7. Compliance investigations 8. Evaluation of the compliance program 9. Specialized compliance in broker-dealers 10. Compliance officer’s relationship with regulators 11. Reflections on the future of broker-dealer compliance Selected and annotated bibliography Index

Read more less

Book SynopsisTorsten Kraul is co-head of Noerr's Digital Business practice group in Berlin, Germany.

Read more less

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

Read more less

Book SynopsisThis thoroughly revised second edition provides an up-to-date account of essential EU climate mitigation law, analysing an area that remains one of the most dynamic fields of EU law. Special attention is paid to the energy sector and to the impact of climate law on broader legal issues, such as energy network regulation and human rights.Written by leading scholars of EU climate law from the University of Groningen, the book addresses the relevant directives and regulations, examining their implementation and impact on current policy and academic debate. Chapters guide the reader through key topics including the EU emissions trading system, renewable energy consumption, and carbon capture and storage.Key features of the second edition include:A clear and accessible introduction to EU climate mitigation lawComprehensive coverage of the climate targets and instruments of the EUSpecial focus on the relationship between climate law and energy lawNew classroom questions to stimulate further discussion and debateEducational design based on reviews by climate law students and lecturers.Combining educational design and analytical accuracy, this book will be an indispensable guide for both students and professionals. It is highly recommended for courses on EU climate mitigation law, as well as climate law, energy law, environmental law and EU law.Trade Review‘Taken together, the work, in its 12 chapters, masters the self-imposed task of compactly presenting the EU climate law framework in an excellent manner.’ -- Florian Graber, NR - Journal of Sustainable Development Law (translated from the original)‘This is the book the world needs to understand how the EU – a leading light in climate policy – is addressing climate change. Authoritative yet approachable, there is simply no better comprehensive introduction to the issue.’ -- Arden Rowell, University of Illinois, US‘Essential EU Climate Law is a very important contribution to the effort to understand and deal with climate change. It provides a remarkably thorough and readable text on both the nature of EU climate mitigation law and the implications of the laws for society. Offering a clear and detailed account of the history and evolution of EU climate mitigation law it also considers the impact of other legal developments, such as in renewable energy, energy efficiency and carbon capture, that interact with climate laws. It also does an excellent job of integrating other areas of law that are critical to a successful climate mitigation effort including multi-level governance and human rights. This textbook is an outstanding resource for students and professors but it is more than just a textbook. It is also a must read for anyone who wants to understand in depth the essence of EU climate law.’ -- LeRoy Paddock, The George Washington University Law School, US'This second edition of Essential EU Climate Law is a must have for everyone dealing with EU climate regulation. All essential features of the regulation of climate change in the EU are dealt with in this impressive volume by a distinguished group of contributors. It is the primary source of inspiration for anyone looking for first hand information on the state of climate law in the EU.' -- Michael Faure, Maastricht University and Erasmus School of Law, Rotterdam, the NetherlandsAcclaim for the first edition:'It establishes the foundation for an understanding of climate change law within the EU and would be of use to those who need to follow, understand and implement the measures described... this is an extremely useful resource, demonstrating good value for money.' -- Gina Nason, Emerald Insight, UK'Woerdman, Roggenkamp and Holwerda have written a comprehensive and readable introduction to EU climate law. All targets and instruments of the EU to reduce greenhouse gas emissions are investigated, including related issues such as energy network management. Useful for every reader from undergraduates to professors and policymakers, this volume ought to be on the bookshelf of anyone interested in climate change mitigation policy.' -- Daniel H. Cole, Indiana University, US'We highly recommended this introductory text for courses covering EU climate mitigation law, and for those involved in the context of broader curricula on climate law, energy law and EU law in general as these areas of law emerged as major subjects in their own right in the next few years.' -- The Barrister MagazineTable of ContentsContents: Preface xii PART I INTRODUCTION 1 Purpose, approach and outline of the book 2 2 EU climate policy 10 PART II ESSENTIAL EU CLIMATE LAW 3 EU emissions trading system 44 4 Regulation of emissions from non-ETS sectors 74 5 Renewable energy consumption 98 6 Energy efficiency 130 7 Carbon capture and storage 156 8 Regulation of fluorinated gases 190 PART III OVERARCHING ISSUES IN EU CLIMATE REGULATION 9 EU climate law and energy network regulation 207 10 Multi-level governance in EU climate law 237 11 Human rights and EU climate law 259 PART IV CONCLUSION 12 The past and possible future of EU climate law 294 Index 304

Read more less

Book SynopsisIn this highly topical introduction, Professor Raymond Wacks explains and evaluates the leading theories of justice that have shaped our societies and their legislative and judicial systems, and explores the extent to which fundamental notions like fairness, equality and freedom are reflected in contemporary society. By analysing some of the world’s most pressing challenges, including terrorism, corruption and migration, Justice: A Beginner’s Guide shows how these ideas are applied in practice – and how far we still have to go to achieve social justice.Trade Review‘The concept of justice is seldom given the attention it deserves in legal education. In part this is due to the large number of indigestible treatises on this subject that act as a deterrent to teachers and students. Raymond Wacks’ Beginner’s Guide seeks to remedy this by providing a clearly written and argued study of the principal debates and writers in the field. Although the emphasis is on the theory of justice, Wacks’ thoughtful illustrations of justice in practice ensures that the reader is made aware of the pivotal role played by the concept of justice in the ordering of society.’ -- John Dugard, Emeritus Professor of Law and former member of the UN International Law Commission"A wide-ranging and highly readable examination of key ideas in the evolution of thought on social justice." -- Albie Sachs – Former Justice of the Constitutional Court of South Africa

Read more less

Book SynopsisSport: Law and Practice, Fourth Edition is the leading legal title covering sports law and practice in the UK, and at the Court of Arbitration for Sport. It serves both as a comprehensive statement of applicable law and precedent, and as a very practical guide to circumnavigating a complex sector. The new edition retains and updates all of the key chapters from previous editions, including the extended sections on challenges to the actions of sports governing bodies, and on anti-doping regulation and enforcement (with an introduction to the new 2021 World Anti-Doping Code). There are important updates to the chapters on Regulating Financial Fair Play, Misconduct, Safeguarding in Sport, the Court of Arbitration for Sport, and Media Rights and Sport. The Fourth Edition also adds brand new chapters dealing with: -Effective sports regulation (including the first ever comprehensive discussions of the 'general principles of law' applied by CAS panels in determining challenges to sports regulations, as well as of the principles of interpretation of sports regulations). -Best practice in sports governance (describing developments such as the strengthening of the competence and independence of boards and the emergence of independent integrity units). -Data protection law and sport (including discussion of the provisions of the Data Protection Act 2018 that facilitate the sharing of personal data by sports bodies for integrity-related purposes). -Exploiting commercially valuable sports data (explaining how sports rights-holders can fashion commercial agreements to meet the demand for sports data from the betting industry and others). -ESports (the first comprehensive treatment of the legal and practical principles underlying the regulation and commercial exploitation of the increasingly important ESports sector). Readers will also benefit from practice tips, precedent clauses, detailed explanations of key practical issues, and step-by-step analysis. This is an essential title for all sports law practitioners (solicitors and barristers, common law and civil lawyers), sports governing bodies, event organisers, clubs, participants, sports agencies and commercial partners, arbitrators, universities, and students. This title is included in Bloomsbury Professional's Sports Law online service.Trade ReviewNo self-respecting Sports Lawyer, therefore, should be without a copy of this fine Book! -- Prof Dr Ian Blackshaw, International Sports Lawyer, Academic, Author * Global Sports Law and Taxation Reports (Review of previous edition) *Sport: Law and Practice remains the most comprehensive text for UK sports law...I expect to see this excellent book on sports law practitioner shelves up and down the country -- Kevin Carpenter, Solicitor, Sport, Media and Entertainment, Hill Dickinson LLP * Sport and Law Journal (Review of previous edition) *This volume deserves a place not only in the libraries of law schools, universities, and law firms, but also in an easily accessible position on the shelves and desks of individual sports lawyers, solicitors, barristers, leaders of governing bodies, sports agencies, and clubs, and in the libraries of commercial actors invested in sports, around the world...I must give this volume two thumbs up, way up -- Jeffrey Benz * Law in Sport (Review of previous edition) *…no serious practitioner in this area could deprive him or herself of the expertise displayed by the writers of these chapters… Lewis and Taylor may not be a book for a philosopher of sporting ethics, but for those whose focus is on the arena, not the ivory tower, it has everything to offer. * International Sports Law Review *Lewis & Taylor’s 4th edition of Sport: Law & Practice is not the word of God: it is indeed “merely” the assembling of keen insights and in-depth reference materials from an all-star cast of quite brilliant humans. But if not scripture, it is the most authoritative commentary on sports law in the English-speaking world. I would not dream of writing about a matter of European or British sports law without consulting it. In addition to updating cases, the new edition provides sharper analyses (sometimes provocative) that justify its acquisition for users of earlier editions and those entering the specialization today. * Professor Stephen F. Ross, Penn State University *Table of ContentsPART A GOVERNANCE OF THE SPORTS SECTOR CHAPTER A1 THE AUTONOMY OF THE SPORTS MOVEMENT, AND ITS LIMITS (Lauren Pagé and Jonathan Taylor QC) CHAPTER A2 ORGANISATIONAL STRUCTURES FOR SPORTS GOVERNING BODIES AND COMPETITIONS (James Maloney, Tom Bruce and Jon Walters) CHAPTER A3 GOVERNMENT INTERVENTION IN THE SPORTS SECTOR (Lewis Calder and Jonathan Taylor QC) CHAPTER A4 DATA PROTECTION AND SPORT (Emma Drake) CHAPTER A5 BEST PRACTICE IN SPORTS GOVERNANCE (Maria Clarke, Edwina Haddon, and Jonathan Taylor QC) PART B REGULATING SPORT CHAPTER B1 DRAFTING EFFECTIVE REGULATIONS – THE LEGAL FRAMEWORK (Jonathan Taylor QC, Charles Flint QC, and Adam Lewis QC) CHAPTER B2 SELECTION (Elizabeth Riley and Christopher Stoner QC) CHAPTER B3 MISCONDUCT (Kendrah Potts, Stuart Tennant, and James Eighteen) CHAPTER B4 MATCH-FIXING AND RELATED CORRUPTION IN SPORT (Iain Higgins, Jonathan Taylor QC, Adam Lewis QC, and Tom Mountford) CHAPTER B5 REGULATING FINANCIAL FAIR PLAY (Nick Craig, Jonathan Taylor QC, and Sam Beer) CHAPTER B6 SAFEGUARDING (Kate Gallafent QC and Richard Bush) PART C ANTI-DOPING REGULATION AND ENFORCEMENT CHAPTER C1 INTRODUCTION (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C2 THE ANTI-DOPING REGULATORY FRAMEWORK (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C3 PARTIES (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C4 PRELIMINARY CONSIDERATIONS IN BRINGING AND DEFENDING A CHARGE (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C5 BURDEN AND STANDARD OF PROOF AT THE HEARING ON THE MERITS (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C6 ARTICLE 2.1 ADRV – THE PRESENCE OF A PROHIBITED SUBSTANCE OR ITS METABOLITES OR MARKERS IN AN ATHLETE’S SAMPLE (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C7 ARTICLE 2.2 ADRV –AN ATHLETE’S USE OR ATTEMPTED USE OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C8 ARTICLE 2.3 CHARGE – REFUSING OR FAILING TO SUBMIT TO OR OTHERWISE EVADING SAMPLE COLLECTION (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C9 ARTICLE 2.4 ADRV – THREE WHEREABOUTS FAILURES IN TWELVE MONTHS (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C10 ARTICLE 2.5 ADRV – TAMPERING OR ATTEMPTED TAMPERING WITH ANY PART OF DOPING CONTROL (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C11 ARTICLE 2.6 ADRV – POSSESSION OF A PROHIBITED SUBSTANCE OR A PROHIBITED METHOD (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C12 ARTICLE 2.7 ADRV – TRAFFICKING OR ATTEMPTED TRAFFICKING IN ANY PROHIBITED SUBSTANCE OR PROHIBITED METHOD (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C13 ARTICLE 2.8 ADRV – ADMINISTRATION OR ATTEMPTED ADMINISTRATION OF A PROHIBITED SUBSTANCE TO AN ATHLETE (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C14 ARTICLE 2.9 ADRV – COMPLICITY OR ATTEMPTED COMPLICITY BY AN ATHLETE OR OTHER PERSON (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C15 ARTICLE 2.10 ADRV – PROHIBITED ASSOCIATION – AND ARTICLE 2.11 ADRV – RETALIATION (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C16 CODE SANCTIONS: OVERVIEW OF APPROACH TO PERIODS OF INELIGIBILITY (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C17 BASIC PERIOD OF INELIGIBILITY (1): APPLYING CODE ARTICLES 10.2 AND 10.3 (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C18 BASIC PERIOD OF INELIGIBILITY (2): ESTABLISHING NO (OR NO SIGNIFICANT) FAULT OR NEGLIGENCE (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C19 BASIC PERIOD OF INELIGIBILITY (3): AGGRAVATING CIRCUMSTANCES (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C20 DETERMINING THE LENGTH OF THE INELIGIBILITY PERIOD WITHIN A PERMITTED RANGE (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C21 SUSPENDING OR REDUCING SANCTIONS FOR REASON UNRELATED TO FAULT (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C22 DETERMINING THE START DATE OF THE INELIGIBILITY PERIOD (Jonathan Taylor QC and Adam Lewis QC) CHAPTER C23 DISQUALIFICATION OF RESULTS AND FINANCIAL CONSEQUENCES (Jonathan Taylor QC and Adam Lewis QC) PART D DISCIPLINARY AND ARBITRAL PROCEEDINGS CHAPTER D1 DISCIPLINARY AND OTHER INTERNAL PROCEEDINGS (Kate Gallafent QC and Christopher Quinlan QC) CHAPTER D2 THE COURT OF ARBITRATION FOR COURT (Michael Beloff QC, Dr Stephan Netzle and Prof Dr Ulrich Haas, with Björn Hessert and Dr Mirjam Koller Trunz) CHAPTER D3 ARBITRATION IN SPORT (Ian Mill QC and Andrew Hunter QC) PART E CHALLENGES TO THE ACTIONS OF SPORTS GOVERNING BODIES CHAPTER E1 INTRODUCTION TO CHALLENGES (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E2 THE ACTIONS OF SPORTS GOVERNING BODIES (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E3 IDENTIFICATION OF CAUSE OF ACTION AND RESPONDENT (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E4 CHOICE OF FORUM FOR THE CHALLENGE (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E5 PUBLIC OR PRIVATE? (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E6 THE VARYING DEGREES OF REVIEW (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E7 GROUNDS FOR REVIEW ARISING OUT OF CONTROL OF THE SPORT (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E8 CONTRACT (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E9 TORT (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E10 COMMON LAW RESTRAINT OF TRADE (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E11 EU AND UK COMPETITION LAW RULES AND SPORT (Brian Kennelly QC, Tom Richards, and Adam Lewis QC) CHAPTER E12 EU FREE MOVEMENT RULES AND SPORT (Thomas de la Mare QC and Ravi S Mehta) CHAPTER E13 THE HUMAN RIGHTS ACT 1998 AND SPORT (Lord Pannick QC, Paul Luckhurst, and Celia Rooney) CHAPTER E14 DISCRIMINATION IN SPORT (Emily Neill and Hollie Higgins) CHAPTER E15 REMEDIES (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) CHAPTER E16 PROCEDURAL ASPECTS (Nick De Marco QC, James Segan QC, Adam Lewis QC, and Jonathan Taylor QC) PART F RELATIONSHIPS BETWEEN CLUBS AND PLAYERS CHAPTER F1 PLAYING CONTRACTS (Paul Goulding QC, Jane Mulcahy QC, and Diya Sen Gupta QC) CHAPTER F2 PLAYERS’ AGENTS (Ian Lynam, Jonathan Ellis, and Nick De Marco QC) CHAPTER F3 PLAYER TRANSFERS (Stephen Sampson, Peter Limbert, and Adam Lewis QC) PART G LIABILITY ARISING OUT OF PARTICIPATION IN SPORT CHAPTER G1 CIVIL LIABILITY ARISING OUT OF PARTICIPATION IN SPORT (Prof Mark James) CHAPTER G2 CRIMINAL LIABILITY ARISING OUT OF PARTICIPATION IN SPORT (Prof Mark James) PART H COMMERCIALISING SPORTS PROPERTIES CHAPTER H1 PROPRIETARY RIGHTS IN SPORTS EVENTS (Clive Lawrence, Phil Sherell, and Tristan Sherliker) CHAPTER H2 MEDIA RIGHTS AND SPORT (Morris Bentata and Craig Giles) CHAPTER H3 SPONSORSHIP (Craig Giles, Robert Turner, and Georgie Twigg MBE) CHAPTER H4 IMAGE RIGHTS (Stephen Boyd and Felicity Reeve) CHAPTER H5 MERCHANDISING AND LICENSING (Clive Lawrence) CHAPTER H6 HOSPITALITY (Warren Phelops) CHAPTER H7 EXPLOITING SPORTS DATA (Andy Danson and Elizabeth Dunn) PART I TAX ISSUES IN THE SPORTS SECTOR CHAPTER I1 TAXATION OF SPORTS ORGANISATIONS (Ben Elliott) CHAPTER I2 TAX AND FINANCIAL PLANNING FOR INDIVIDUAL ATHLETES (Ben Elliott) PART J ESPORTS CHAPTER J1 ESPORTS (William Deller and Richard Bush)

Read more less

Book SynopsisThis is a new English translation of St. Thomas Aquinas’s Treatise on Law, found in Questions 90–108 of the First Part of the Second Part of the Summa Theologiae. In fact, it is the only free-standing English translation of the entire Treatise, which includes both a general account of law (Questions 90–92) and also specific treatments of what St. Thomas identifies as the five kinds of law: the eternal law (Question 93), the natural law (Question 94), human law (Questions 95–97), the Old Law (Questions 98–105), and the New Law (Questions 106–108). All other extant editions of Treatise on Law stop with the human law, and are thus approximately one-third the size of the full Treatise. St. Thomas’s account of law is firmly embedded within a general moral theory that begins with a rich conception of human flourishing, i.e., the good for human beings (Questions 1–5). This good consists, first and foremost, in our ultimate and intimate union with the Persons of the Blessed Trinity – a union that in our present state we can grasp intellectively and pursue affectively only with God’s supernatural assistance. It is within this framework that we order our loves and pursue the more proximate goals they open up to us as human beings in this life. Given the appropriate goals, the next question is how we can get from where we are, in the grips of the consequences of Original Sin, to where we want to be. The answer is: by means of (a) human actions that are good, i.e., rightly ordered toward our ultimate end and (b) the habits that these actions either engender or flow from. In analyzing human actions (Questions 6–21) and their relation to the passions (Questions 22–48), St. Thomas gives a general account of what he calls the ‘intrinsic principles’ of human actions and their associated habits – both virtues (Questions 49–70) and vices (Questions 71–89). It is only then that he turns to what he calls the ‘extrinsic principles’ of good human actions, viz., law (Questions 90–108) and grace (Questions 109–114). According to St. Thomas, law, far from supplanting virtue as a basic principle of action, serves as an independent principle of action that complements virtue and is itself capable of being factored into practical deliberation. The reason is that all of God’s precepts, prohibitions, and punishments are aimed at promoting the good of the whole universe and, more particularly, the good for human beings, both individually and within the various forms of social life. Because of this, law serves as both a restraint on bad actions and a spur to good action, i.e., a restraint on actions that take us away from virtue and genuine human flourishing and a spur to actions that promote virtue and flourishing. There are many benefits of having the whole treatise rather than just the first few questions, as has been the standard practice in previous editions of the Treatise on Law. To mention just a few of these benefits, the question on the moral precepts of the Old Law (question 100) helps to illuminate in many different ways the earlier questions on natural law and human law (questions 94–97). Again, the questions on the ceremonial and judicial precepts of the Old Law (questions 101–105) demon-strate in depth the symbiotic relationship that St. Thomas takes to obtain between the Old Testament and the New Testament. The questions on the New Law provide an introduction to the Christian way of life that will be described in incomparable detail in the Second Part of the Second Part, the bulk of which is structured around the treatment of the three theological virtues and the four cardinal virtues.

Read more less

Book SynopsisTrade Review"An absorbing and rigorously researched new book. . . .Kee does more than provide a recent history of collisions between art and the law. She overlays developments in the two fields, and argues that each one can help us better understand the other. . . . Models of Integrity reads as a compelling call for artists, arts professionals, and viewers to work more ambitiously, and to think with more nuance." -- Andrew Russeth, * ARTnews *"Kee’s book is a welcome primer on the myriad ways artists have engaged with the law over the past fifty years. What sets it apart from earlier literature is the intricacy with which Kee weaves together art and legal history as mutually informative, arguing that it is because artists are legal subjects within society at large that they have been able to so adroitly critique and illuminate law’s logics. . . It also inspires us to pursue Kee’s revelatory art-historical inquiry into how, when, and why legal conditions influence art." * Burlington Magazine *“This wide-ranging volume offers insights into issues (of certification and distribution, for instance) that shaped Conceptual art.” * ArtReview *"Meticulously researched and lucidly written, Models of Integrity demands that we take the law seriously as one of many structural factors that impact art in complex ways. Kee’s interdisciplinary approach often yields a fresh perspective on her objects of study, assessing them through an underexplored lens and situating them firmly within an expanded social context. And while many people view the law as a dispassionate arbiter of clearly defined rules, Kee reminds us that ambiguity and inconsistency are deeply embedded in the American legal system. Although as a practical matter these uncertainties can chill what may in fact be perfectly legal creative acts, Models of Integrity provides an engaging account of a disparate group of artists who jumped wholeheartedly into the fray." * Panorama: Journal of the Association of Historians of American Art *"The ‘models of integrity’ in Kee's fascinating account are articulated in the intersection of individual codes of conduct, art world conventions, and the range of activities that are both facilitated and enjoined by legal protocols. Taking full advantage of her double background, as a practising lawyer who subsequently turned her attention to art history, Kee examines many telling points of comparison between the two fields while also drawing on a wealth of archival research." * Art History *"Adds a novel perspective on art law, highlighting how both law and art can serve as sources of creative thinking. Illustrations and scholarship form an integral part of the book, and constitute an unconventional and much needed artistic take on the law [putting] six post-sixties artworks in their legal, historical, political, and artistic contexts." * Center for Art Law Blog *"Brushing with critical intersections of law and contemporary art, this book explores concepts of integrity as mediated and represented through artworks of the 1960s and onwards. Dancing fuidly between historical context, art theory, and legal theory, each piece of art is grounded in the legal developments of the time: questions of integrity for law and artists, the creation of artistic ownership rights, the constitutive power of property, and the emergence of art forms not yet recognised as art. Through art, Kee opens up vital spaces of legal discussion through depictions of (and participation in) authority, power, disobedience and other possibilities beyond compliance and consensus." * Journal for the Semiotics of Law *“The book speaks to a variety of audiences: those interested in post-1960s art of the United States; in the intersection of art and law; in the history of law and its intersections with art; in art triggering negative accountability and what is now referred to as moral outrage and call-out culture; and in art and its broader connections to social, political, and cultural moments in history. It also gestures toward a neglected field of art historical research that is ripe for development: an art history informed by legal analysis. . . . the strength of Models of Integrity is not just its integration of legal analysis into art history, it is also how the book lays the groundwork for (or one might say: operates as a model for) future scholarship examining the intersection of art and law.” * Law & Literature *"A perceptive and sophisticated book that brings remarkable insight to the complex entanglements of law and art. It deftly and incisively explores the connections between art and law at a time in history during which there was “a crisis of citizenship." Rather than advocating a particular ideological agenda in response to this crisis, through her compelling interpretations of a series of case studies Kee illuminates how the relationships between the art and law invite critical engagement with “politics in need of accounting.” * Law, Culture, and the Humanities *"An exceptional and commanding work of scholarship. Despite the author’s qualification that the book might fall short of the visual analysis expected in an art history text, Kee’s book is vividly illustrative, and boldly leads the reader through the oft- fraught liminal space between art and law. The book’s achievements extend far beyond effectively bearing legal concepts on art or narrating the logistical relations between art and law. To be exact, its real feats lie in its rumination on not only the plasticity of the law, but also on art as an extralegal machination that structures our society. In this way, Kee’s work will serve as a model for future scholarship in this emerging interdisciplinary field." * Journal of Visual Culture *"Joan Kee’s Models of Integrity is a fascinating book that makes a valuable contribution to interdisciplinary legal scholarship." * Edinburgh Law Review *'Models of Integrity offers a provocative account of art that 'messes with' the law.'' * Art Journal *

Read more less

Book Synopsis‘Abd al-Rahman b. ‘Amr al-Awza‘i (c.707–774) was Umayyad Syria’s most influential jurist, part of a generation of scholars who began establishing the first formal structures for the preservation and dissemination of religious knowledge. Following the Abbasid revolution, they provided a point of stability in otherwise unstable times. Despite his close ties to the old regime, al-Awza‘i continued to participate in legal and theological matters in the Abbasid era. Although his immediate impact would prove short-lived, his influence on aspects of Islamic law, particularly the laws of war, endures to this day.Trade Review‘Despite the fragmentary evidence at his disposal, Judd has given us a nuanced and well-rounded portrait of the life and teaching of an important but largely neglected jurist and theologian of the formative period of Islamic legal thought.’ -- R. Stephen Humphreys, Professor Emeritus of History and Islamic Studies, University of California, Santa BarbaraTable of ContentsForeword Introduction Al-Awza‘i’s Biography 1 THE SOURCES 2 AL-AWZA‘I’S JURISPRUDENCE Law in the Formative Period of Islam Al-Awza‘i’s Fiqh Evaluating Al-Awza‘i as a Legal Scholar 3 AL-AWZA‘I’S SCHOLARLY MILIEU Pro-Umayyad Friends and Rivals The Hanafis: Al-Awza‘i’s Foes The Malikis 4 AL-AWZA‘I’S THEOLOGY Damascus as a Theological Center Al-Awza‘i’s Theological Views Al-Awza‘i and the Qadarites Conclusions: Al-Awza‘i’s Theology 5 AL-AWZA‘I AND THE POLITICAL ELITE Al-Awza‘i and the Umayyads Surviving the Fall of the Umayyads and the Abbasid Revolution Al-Awza‘i and the Abbasids Al-Awza‘i’s Post-Revolutionary Life Conclusion: Evaluating Al-Awza‘i as a Political Figure 6 AL-AWZA‘I’S LEGACY Al-Awza‘i’s Students Al-Awza‘i’s Regional Persistence Al-Awza‘i’s Legal Legacy Al-Awza‘i in Modern Times Conclusion Bibliography Index

Read more less

Book SynopsisA runner-up for the 2018 Chadwick Alger Prize, International Studies Association's International Organization Section, this provocative reassessment of the rule of law in world politics examines how and why governments use and manipulate international law in foreign policy.Trade Review"Runner-Up for the 2018 Chadwick Alger Prize, International Studies Association’s International Organization Section""In this insightful book, Hurd argues that international law is actually best understood as a tool of state power--less an externally imposed constraint than a resource that governments employ to authorize and legitimize what they want to do."---G. John Ikenberry, Foreign Affairs"Hurd proposes the compelling argument that law does not just prohibit conduct, but it implicitly permits other conduct, so states will push law to permit the conduct they wish to engage in. . . . A refreshing dose of pragmatism."---Eleanor Healy-Birt, interLib"Essential reading for everyone who engages with international law and international politics."---Rajeesh Kumar, Rest Journal

Read more less

Book SynopsisAn essential, rigorous, and lively introduction to the beginnings of American law. How did American colonists transform British law into their own? What were the colonies' first legal institutions, and who served in them? And why did the early Americans develop a passion for litigation that continues to this day? In Law and People in Colonial America, Peter Charles Hoffer tells the story of early American law from its beginnings on the British mainland to its maturation during the crisis of the American Revolution. For the men and women of colonial America, Hoffer explains, law was a pervasive influence in everyday life. Because it was their law, the colonists continually adapted it to fit changing circumstances. They also developed a sense of legalism that influenced virtually all social, economic, and political relationships. This sense of intimacy with the law, Hoffer argues, assumed a transforming power in times of crisis. In the midst of a war for independence, American revolutiTable of ContentsPreface to the Second Edition Preface to the Revised EditionPreface to the First EditionAcknowledgmentsChapter One. "That the Said Statutes, Lawes, and Ordinances May Be as Neere as Conveniently May, Agreeable to the Forme of the Lawes and Pollicy of England"Chapter Two. "And to the End that All Laws Prepared by the Governour and Provincial Council Aforesaid, May Yet Have the More Full Concurrence of the Free-Men of the Province"Chapter Three. "If I Am Become Their Son, They Must Act the Part of a Father"Chapter Four. "Take All the Care in Your Power to Guard against Any Further Wicked Designs"Chapter Five. "These Dirty and Ridiculous Litigations Have Been Multiplied in This Town, Till the Very Earth Groans and the Stones Cry Out"Chapter Six. "Just so th' Unletter'd Blockheads of the Robe; (Than Whom no Greater Monsters on the Globe); Their Wire-Drawn, Incoherent, Jargon Spin, Or Lug a Point by Head and Shoulders In"Chapter Seven. "On What Principles, Then, on What Motives of Action, Can We Depend for the Security of our Liberties, of our Properties . . . of Life Itself?"ConclusionNotesA Bibliographic EssayIndex

Read more less

Book Synopsis

Read more less

Book SynopsisWhat remains anti-democratic in our criminal justice systems, and where does it come from? Geoffroy de Lagasnerie spent years sitting in on trials, watching as individuals were judged and sentenced for armed robbery, assault, rape, and murder. His experience led to this original reflection on the penal state, power, and violence that identifies a paradox in the way justice is exercised in liberal democracies. In order to pronounce a judgment, a trial must construct an individualizing story of actors and their acts; but in order to punish, each act between individuals must be transformed into an aggression against society as a whole, against the state itself. The law is often presented as the reign of reason over passion. Instead, it leads to trauma, dispossession, and violence. Only by overturning our inherited legal fictions can we envision forms of truer justice. Combining narratives of real trials with theoretical analysis, Judge and Punish shows that juridical institutions are not merely a response to crime. The state claims to guarantee our security, yet from our birth, we also belong to it. The criminal trial, a magnifying mirror, reveals our true condition as political subjects.Trade Review"Using practical insights gained over years of observing court cases in Paris, Geoffroy de Lagasnerie elaborates a critical reflection on power, violence, and the penal state. In clear and accessible language, his book makes an original and thought-provoking contribution to our understanding of the judicial system in Western democracies." -- Philippe Marlière * University College London *"This detailed examination of state penal logic provides a trenchant counteroffensive in both language and practice. Along with a critical retooling of sociological inquiry, this groundbreaking work offers an exploration of justice as an institution. Judge and Punish asks the big, penetrating questions that will shape the future of justice systems throughout the Western world." -- Jason S. Sexton * Editor, Boom California *"Lagasnerie opens up possibilities for us to think differently: to escape from the force of current certainties and conventions and to re-envision the stakes of debates about justice, responsibility, crime, and punishment. The revolution he proposes is mental, with neither redistribution of wealth or regime change as prerequisites, but it remains radical. Destabilizing and anti-institutional, this is an important book; its sharp attacks on academic social science and 'expertise' will surely spark reaction, attack, and debate, and with good reason." -- Todd Shepard * Johns Hopkins University *"Departing from venerable theoretical frameworks for comprehending the penal state and its actions, Geoffroy de Lagasnerie observes the contemporary criminal trial as a very different kind of drama, one centered on the violent relationship between the state and those who cannot escape it. A bracing combination of social theory and empirical observation." -- Jonathan S. Simon * Berkeley Law *

Read more less

Book SynopsisThe Universal Declaration of Human Rights (UDHR) is the first international agreement setting out freedoms, rights and entitlements for all humanity to claim. It emphasizes the inextricable relationship between fundamental freedoms and social justice, and their connection with peace and security. The General Assembly of the United Nations proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping the UDHR constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.

Read more less

Book SynopsisReveals the formidable challenges that conservatives faced in competing with legal liberalism. This title explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses.Trade ReviewWinner of the 2009 Joseph J. Spengler Prize for Best Book in the History of Economics, History of Economics Society Co-Winner of the 2009 Herbert Jacob Book Prize, Law and Society Association One of Choice's Outstanding Academic Titles for 2009 "In a terrific new book, The Rise of the Conservative Legal Movement, professor Steven M. Teles charts the success of the conservative legal establishment over the past several decades. Digging past liberal cliches about an all-powerful Federalist Society tree fort, Teles charts a complicated countermobilization that took place in legal academia and conservative public-interest law, against law schools and a government in thrall with liberal ideas. He chronicles the rise of a multifaceted organizational and institutional structure that has become the only game in town."--Dahilia Lithwick, Slate "Teles's book is ... a piece of first-rate scholarship based on archival research and many interviews... [T]he Rise of the Conservative Legal Movement is a fine piece of historical scholarship and an important contribution to understanding strategies for combating entrenched political and intellectual elites."--Charlotte Allen, The Weekly Standard "Steven Teles ... examines a complex phenomenon still playing itself out in The Rise of the Conservative Legal Movement. He does so thoughtfully and provocatively, and with access to key insiders and archival material. His book should be interesting to readers across the political spectrum... Teles's book provides a panoramic, nonpartisan portrait of the sober and serious side of the conservative legal movement. In doing so, it can hopefully lead toward a respectful, constructive dialogue about the role of law in society."--Ronald Goldfarb, Washington Lawyer "I am recommending Teles's book to all my liberal and progressive colleagues... Perhaps if liberals and progressives pay enough attention to the lessons about problem-solving and adaptation taught in this valuable book, Prof. Teles will have an opportunity to write a sequel, The Renaissance of the Liberal Legal Network."--Michael Avery, Suffolk University Law Review "Lawyers fill an important role in American democracy, as the conduit for transmitting social mores from the nation's elite to the people, and vice versa. How they do this is something sociologists have spent relatively little time researching, but Steven M. Teles has taken a step to remedy this by producing an engaging, insightful, and remarkably objective analysis of how the climate of legal ideas actually changes. His book is neither history nor polemic, but a scholarly study of how an ideological minority organized despite overwhelming hostility, knot an effective (if still minority) force against the prevailing orthodoxy... [T]eles's book is an important and persuasive account of the growth and success of a corps of intellectuals who are challenging the hegemony of big government in American society."--Timothy Sandefur, California Lawyer "[T]his new book by Steven Teles ... will appeal mainly if not only to legal and politics specialists, and those interested in the USA at that. However, his survey of the ways in which conservative law grew from the 1960s to the turn of the twenty-first century reveals even more of interest to anyone trying to understand how conservative values and beliefs ... were and have been internalized in US law schools and the education there, as well as in legal practice and the federal bench."--Stuart Hannabuss, Library Review "No published study about the conservative legal movement of which I am aware can compete with the information, detail, perspectives, and stories that Teles has packed into his book."--Roy B. Flemming, Law and Politics Book Review "Well written and well researched... Activists on both the Left and the Right can learn about the tactics of intellectual insurgency and networking. Political scientists can benefit from Teles's explanation of how liberalism became entrenched in legal institutions just as conservatives were starting to dominate electoral politics. And grant-makers can learn the importance of adopting a long time-horizon when engaged in a battle of ideas."--R. Shep Melnick, Claremont Review of Books "Teles provides a thorough analytical chronology of the emergence of intellectuals, networks, political entrepreneurs, and patrons as a new level of political competition in the legal arena, which he contends has made elections themselves less significant... This is an exceptionally valuable resource for understanding recent changes, both liberal and conservative, in the legal and political spheres."--R. Heineman, Choice "This fine book will surely become the leading authority on the efforts of modern conservatives to shape law. It should be of interest to a wide range of scholars and lawyers."--James W. Ely, Jr., Law and History Review "This excellent book deserves to be widely read and discussed... It can be read with profit by historians of conservatism, by political scientists interested in American political development, and by scholars interested in the complexities of large-scale change in legal doctrine and structure and its relation to conventional politics."--Richard Adelstein, Constitutional Political Economy "[T]houghtful and well-researched."--Andy Lamey, Metapsychology Online Reviews "Teles draws on extraordinarily rich data to show how a conservative legal movement emerged and altered the ideological landscape in the legal profession and in the judicial branch of government... The author artfully examines the interplay of structure and action, as he describes both the successes and failures of the movement's architects."--Rory McVeigh, Contemporary Sociology "Steven M. Teles has written a remarkable book that reinforces the truth that ideas have consequences... Teles offers a fascinating account of the myriad moving parts that did and must work together to effect large-scale political change."--Bradley C. S. Watson, Intercollegiate Review "[A] remarkable book... Teles adopts an approach that is both highly effective and radically divergent from the typical foci and methods of contemporary scholarship on American politics."--Paul Pierson, Perspectives on Politics "Steven M. Teles has written a fascinating book on how conservative ideas gained influence over contemporary law and has added an essential chapter to our historical accounts of modern conservatism, which until now have focused on electoral politics."--Linda Przybyszewski, Journal of American History "[Steven M. Teles'] book provide[s] ... insights into the causes and contours of the American conservative legal movement and provide[s] a much-welcomed alternative perspective to the regime politics literature by spotlighting the supply side of legal and constitutional change."--Amanda Hollis-Brusky, Law & Social InquiryTable of ContentsAcknowledgments ix Introduction 1 Chapter 1. Political Competition, Legal Change, and the New American State 6 Chapter 2. The Rise of the Liberal Legal Network 22 Chapter 3. Conservative Public Interest Law I: Mistakes Made 58 Chapter 4. Law and Economics I: Out of the Wilderness 90 Chapter 5. The Federalist Society: Counter-Networking 135 Chapter 6. Law and Economics II: Institutionalization 181 Chapter 7. Conservative Public Interest Law II: Lessons Learned 220 Conclusion 265 Appendix Interviews 283 Notes 287 Index 331

Read more less

Book SynopsisWhat should we do with teens who commit crimes? Two leading scholars in law and adolescent development argue that juvenile justice should be grounded in the best available psychological science, which shows that adolescence is a distinctive state of cognitive and emotional development.Trade ReviewAmerica's justice system has become increasingly punitive toward our teenagers during past 25 years. Terrifying terms like "super predator," "zero tolerance" and "vicious youth gangs" are part of our everyday speech. But as Scott and Steinberg show, new neuroscientific and psychological evidence challenges the punitive approach. The book combines rigorous science and impeccable legal scholarship, with forceful prose, to argue for a wholesale reform of the juvenile justice system. -- Terrie Moffitt, Duke University and King's College LondonScott and Steinberg, leading figures in juvenile law and adolescent developmental psychology, have joined forces to argue that now is the moment to reconstitute, in a completely original way, how America deals with juvenile crime and juvenile offenders. At once deeply learned and altogether pragmatic, Rethinking Juvenile Justice is one of the most transformative books this field has seen in the past 20 years. -- John Monahan, Shannon Distinguished Professor of Law, University of VirginiaThe subject of juvenile justice breeds extreme responses. The academic sensibility is extremely lenient, seeing misguided kids who need understanding and help more than punishment. The legal system is mindlessly punitive: juvenile defendants in the US are treated more harshly than adults elsewhere in the Western world. In the midst of this crazy conversation, Scott and Steinberg are voices of sanity. Their wholly novel approach to juvenile crime will make equal sense to judges, juvenile advocates, and urban police forces. This book is a terrific example of what speaking truth to power, effectively, looks like. -- William Stuntz, Harvard Law SchoolThis multidisciplinary book is exactly what policy makers should consult when thinking about ways to change a system that is in dire need of repair. -- D. S. Mann * Choice *What distinguishes this book from other writings in the field are not the proposals made, which are relatively modest, but rather the developmental sophistication with which they are defended. And in the end, the hard questions the book raises are not about juvenile justice policy, but rather about the interrelationship between law and science. Offering us the gold standard in legal-developmental collaboration, it presses us to consider the role the developmental sciences should play in shaping the law affecting children...What makes the book so valuable is that it can be relied upon by judges, legislatures, lawyers, and policymakers to enhance the sophistication with which they consider the very issues that they are currently being called on to decide. In this sense, Rethinking Juvenile Justice is a complete success. Lawmakers already look to Scott and Steinberg's earlier work when they address how the law should respond to juvenile crime, and this book should only enhance the sophistication of those lawmaking efforts...Rethinking Juvenile Justice promises to enhance the sophistication of those addressing juvenile justice policy on a broad range of issues. -- Emily Buss * University of Chicago Law Review *[Scott and Steinberg] believe that new juvenile justice reforms that publicize available scientific developmental data and empirical data demonstrating savings in recidivism and costs due to keeping kids in the juvenile system will be successful. They believe that we can avoid the demolition of the courts or at least staunch the loss of so many young offenders from the courts' jurisdiction...This book is one of the very few works that provides legal and developmental analyses and offers politically savvy advice about implementing a successful legislative strategy...This is a book that everyone should read. -- Lucy S. McGough * Law and Politics Book Review *Table of Contents* Introduction: The Challenge of Lionel Tate * The Science of Adolescent Development and Teens' Involvement in Crime * Regulating Children in American Law: The State as Parent and Protector * Why Crime Is Different * Immaturity and Mitigation * Developmental Competence and the Adjudication of Juveniles * Social Welfare and Juvenile Crime Regulation * The Developmental Model and Juvenile Justice Policy for the Twenty-First Century * Is Society Ready for Juvenile Justice Reform? * Notes * Acknowledgments * Index

Read more less

Book Synopsis'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean.- James Gordley, Tulane University School of LawElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:- succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike- written in a clear and engaging style- ample attention to the policy choices behind the rules- examples from a wide range of jurisdictions in both Europe, the UK and the US- places private law in its larger economic and societal context- addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations- considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.Trade Review'This Advanced Introduction to Private Law reviews the development of private law on contract, tort, property, family and succession. The way in which it underlines conflicts between private autonomy and countervailing principles is fascinating for all those needing to quickly gain an understanding of the core principles and key issues on private law.' --Benedicte Fauvarque-Cosson, University of Paris II Pantheon-Assas, France'Jan Smits succeeds in giving a jargon-free and masterly concise overview of the essential questions and debates in private law. Law students would be well advised to read it twice: once at the very beginning and again at the very end of their private law studies. Non-lawyers will find it accessible and stimulating, and they will be surprised how interesting the law is, once it is reduced to its core issues.' --Stefan Vogenauer, Max Planck Institute for European Legal History, Frankfurt, Germany'This book provides a splendid overview of the key questions of private law. It is written in a crystal-clear and straightforward language and addresses all core problems of the law of contract, tort and property and of family law and succession law. All issues are placed in a wider social context and often illustrated by references to solutions of English, American, French or German law. While the book was written for a general audience and lacks technical jargon and conceptual refinements it should nonetheless be read by law students as well because it demonstrates in a stimulating and persuasive manner how private law tries to find its way between ensuring the individual's freedom of choice, on the one hand, and the search for fairness, the defense of the weak and vulnerable and the protection of the public interest, on the other.' --Hein Kotz, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface 1. Introduction: Aims and Contours of Private Law 2. Contract Law 3. Tort Law 4. Property Law 5. Family Law 6. Succession Law 7. Epilogue Index

Read more less

Book SynopsisEvery day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. But who connects the dots about what firms are doing with all this information? Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in.Trade ReviewRecognized internationally as a landmark work of law and political economy. -- Lawrence Joseph * Commonweal *If you are a person in America, then there are equations trying to learn more about you… Some of these equations work for private companies and some of them work for the government, but they all generate correlations based on your behavior… Frank Pasquale’s new book The Black Box Society is a tour of how computational intelligence has come to dominate three important parts of American life: reputation, search, and finance. -- Malcolm Harris * New Republic *Frank Pasquale’s notable new book, The Black Box Society, tries to come to grips with the dangers of ‘runaway data’ and ‘black box algorithms’ more comprehensively than any other book to date… It’s an important read for anyone who is interested in the hidden pitfalls of ‘big data’ and who wants to understand just how quantified our lives have become without our knowledge. -- David Auerbach * Slate *Everyone who uses the Internet for entertainment, education, news or commerce is implicated in a web of data collection whose breadth surpasses ordinary awareness… As [Pasquale’s] exposé…shows, this is a society in which basic functions are performed in deliberate obscurity through the collection and algorithmic manipulation of personal data… In The Black Box Society, Pasquale finds reason to believe that even some of the most secretive and unresponsive institutions can be held to account. Elucidating the problem is a first step. -- Steven Aftergood * Nature *The Black Box Society offers a good dose of fresh thinking and may advance our debates over privacy. It also helps greatly that it is a good read, not just for those who are curious about privacy but also for those who are already familiar with the privacy literature. -- Viktor Mayer-Schönberger * Science *Frank Pasquale’s new book on the secret algorithms that motor the monstrous heart of big data is a timely work of non-fiction, a ‘true conspiracy’ about regulatory weakness in the face of technological hubris and greed. -- Jonathon Sturgeon * Flavorwire *Pasquale has emerged as one of the go-to thinkers on Big Data and the algorithmic economy, and The Black Box Society (along with his Twitter feed) is a great—if discomfiting—place to start. You’ll come away overwhelmed by the speed and recklessness of data compilation and its uses and abuses. -- Jonathon Sturgeon * Flavorwire *Required reading in many law school and computer science courses… Details how secret databases and little-known applications of AI algorithms have had harmful effects on finance, business, education, and politics. These opaque practices violate personal privacy, lower credit ratings, and make unfair or biased decisions on parole, mortgage, and job applications. -- Ben Shneiderman * Issues in Science and Technology *By carefully breaking down ‘the business practices of leading Internet and finance companies, focusing on their use of proprietary reputation, search, and finance technologies,’ Pasquale pulls off an amazing feat of explanation, simultaneously and seamlessly explaining how and why black boxes exist, as well as what they can control and what happens when society entrusts black box technology with consequential decisions and hands immense power to the black box firms of Silicon Valley and Wall Street… The Black Box Society is a first-rate work of synthesis, combining ideas from law and economics, interpretive social science, science studies, and the philosophy of technology into an essential study of the political economy of information. -- Thomas Drueke * Law Library Journal *The Black Box Society is a frightening portrait of the ever more powerful shadowy world that blocks light from reaching our everyday lives. It is also a call to action, with a range of suggestions that inevitably pale in comparison to the gargantuan task at hand. But small steps sometimes have outsize consequences. Just ask the folks who control what we see, influence what we buy, and determine whether we can pay for it. -- Brenda Jubin * Reading the Markets *The algorithmic control that law scholar Frank Pasquale eloquently and intelligently details and analyzes goes beyond money information and into almost every aspect of our lives. For this reason, although it might appear merely to be a book about technology and finance, The Black Box Society, ultimately, is a radical and political work that deserves wide attention… The Black Box Society includes, for example, a fine explanation of the way that corporate and government surveillance work in concert and why we should be concerned about both… [Pasquale’s] brutal on the subject of the NSA, but devastating in his critique of Facebook, Twitter and Google and the myths that continue to surround them: myths of neutrality, myth about the ephemeral nature of their power and more. His analysis of search is pointed and poignant, underlining that we need to understand it better and treat search results more critically and sceptically… Pasquale’s detailed analyses, and his recipes not just for transparency but also for accountability, for more rigour in regulation and harder-hitting enforcement, deserve a careful read—and then action. -- Paul Bernal * Times Higher Education *This book by Pasquale is disturbing. The premise is that corporate and public unchecked use of computer algorithms to collect and analyze data harms the public… Pasquale calls out Google, Facebook, and the financial industry for unchecked use of data to make profits and broken promises of privacy protection. -- Harry Charles * Library Journal *An exhilarating read, brimming with passion. Pasquale’s bold and ambitious book lifts the lid on the ‘black box society’ by tackling a wide array of issues, from secrecy in finance to credit scoring, from search engines to automated decision-making, from institutional transparency to the relationship between government and big corporations. Writing with urgency and utter conviction, he paints a compelling—and devastating—picture of the world that we are building. -- Daniel J. Solove, author of Nothing to Hide: The False Tradeoff between Privacy and SecurityA timely and important book about the algorithmic processes that play such central roles in our emerging information society. Pasquale explores the abuses that have resulted from insufficient transparency and exposes the inability of either markets or regulators to instill appropriate levels of accountability. He is not a reflexive technology-basher, however, but instead offers judicious reform proposals. -- Julie E. Cohen, author of Configuring the Networked Self: Law, Code, and the Play of Everyday Practice

Read more less

Book SynopsisTrade ReviewOver the past three decades, Richard A. Epstein has repeatedly argued—with analytical rigor and astonishing erudition—that governments govern best when they limit their actions to protecting liberty and property…Mr. Epstein believes that constitutional law lost its way when it began to embrace a Progressive vision, according to which rights are created by a supposedly benevolent state…[He] vividly shows us how constitutional law would look if we gave priority to individual rights—something that we have not done for almost a century. * Wall Street Journal *Epstein has now produced a full-scale and full-throated defense of his unusual vision of the Constitution. This book is his magnum opus…Much of his book consists of comprehensive and exceptionally detailed accounts of how constitutional provisions ought to be understood…All of Epstein’s particular discussions are instructive, and most of them are provocative…Epstein has written a passionate, learned, and committed book. * New Republic *[An] important and learned book. * Times Literary Supplement *The central mission of The Classical Liberal Constitution is to go against the grain of modern Supreme Court jurisprudence and much of the legal scholarship that has grown up around that body of work. The motivation for this argument should be apparent from the major disarray that infects every area of modern American life: steady decline in the average standard of living; constant battles over debt limits and fiscal cliffs; uncertainty over key elements of the tax structure; massive overregulation of the most productive sources in society (health care and financial services); government-inspired brinksmanship in labor negotiations; and runaway redistribution programs that undercut the economic production that makes these programs viable. All of these major programs could not have happened under the original constitutional structure, faithfully interpreted in light of changed circumstances. The confluence of these events cannot be dismissed as the result of random noise or simple mistakes. Rather, they are the ultimate consequence of the profound progressive break with the classical liberal tradition that was the guiding genius in the drafting and interpretation of the Constitution. * From the book *

Read more less

Book SynopsisProven to reduce bad behaviour and exclusions, and encourage happier, safer school environments, restorative justice is an effective approach to conflict resolution.Suitable for education settings from preschool to college, this guide explains what restorative justice is, how it can be used in schools, what it looks like in the classroom and how it can be implemented. Featuring case studies that illuminate the underlying restorative principles and practices, this book covers a wide range of topics from the basics of restorative justice, through to school-wide processes for embedding the approach in policy and practice.Drawing on the expertise of educators and consultants, this is a must-have resource for any school or centre that is serious about reducing bad behaviour and developing safer learning communities.Trade ReviewOf the many gifts in this book, I'd like to emphasize a few. Bill mounts compelling arguments for restorative approaches to problem-solving. These arguments are presented in a comprehensive way that will be useful for readers wishing to influence others. Bill's conference preparation, told through his case studies, is impeccable - challenging us to lift our practice, I believe, to new levels. His detailed follow-up work described in section 4 also reminds us that the game is not over once a process has happened. His insights into how children and young people feel and think is very helpful, again helping us to think carefully about our own practice, thoughts and feelings. Finally, though, the whole section called Feeling Restoratively is a must read, if we still need convincing that we need to change the way we work with young people. Bill's grasp of Affect and Script Psychology (Human Being Theory) allows the reader to understand in a deep way, our emotional selves as humans - we are after all, social animals, and we are wired to live in good relationship with others. Important issues around accountability, responsibility, mercy, forgiveness and redemption must be tackled if we are to change our schools, and eventually our communities and world. This book is full of useful ideas and I hope it will become a well-thumbed resource for restorative practitioners. It's a great read. -- From the foreword by Margaret ThorsborneAs a growing community of schools across the globe embrace Restorative Practices, there exists a greater need for resource materials that will give as much careful attention to restorative values and principles as they do to technical guidance around restorative tools. Bill Hansberry has found that sweet spot. Readers who embrace both aspects of this book will be as grounded in their understanding of the vital role of emotion in effective restorative practices as they will be enriched in their ability to practice a variety of restorative approaches. -- Lauren Abramson, Ph.D., Founding Director, Community Conferencing Center, Baltimore, Maryland, USAAs interest grows in the use of restorative practice in schools, this new book by Bill Hansberry is a welcome addition to the resources available on the subject. Drawing on the author's personal experience, it provides both valuable insight into the theory underpinning restorative practice and practical advice on how it can be implemented in a school environment. By using case studies, the author also brings to life in an accessible and engaging way what the benefits of a restorative approach can be. Restorative practice should be integral to every school and this book can help to achieve this. -- Jon Collins, Chief Executive, Restorative Justice CouncilTable of ContentsAcknowledgements. Preface. Foreword. Section 1. Thinking Restoratively: Challenging Paradigms About What to Do When Things Go Wrong. 1. Case Study - Tristan and Jason. 2. Courage, Connectedness and Restorative work. 3. Re-Thinking the Role of Grownups When Things Go Wrong. 4. Dealing Restoratively With Tristan and Jason. 5. Different Questions, Different Outcomes. Section 2. Feeling Restoratively: A Psychological Framework for Restorative Practices. 6. Silvan Tomkins and Humans as Emotional Beings. 7. Affect - What Makes Humans Tick. 8. A Blueprint for Mentally Healthy Schools. 9. Shame and Humiliation. 10. Grasping the Nettle: Shame's Difficult Demand. 11. The Compass of Shame. Section 3. Working Restoratively: Restorative Approaches for Different Ages and Situations. 12. Continuums of Responses to Disruption and Wrongdoing. 13. Positive Behaviour Correction. 14. Affective Statements and Conversations. 15. The individual Conference. 16. The Small Group Conference. 17. The Large Group Conference. 18. The Classroom Conference. 19. The Community Conference. 20. The Leaving Well Conference. 21. Better Restorative Conversations. 22. Circles for Building Community and Teaching Restorative Thinking. Section 4. Ending Restoratively: Follow Up, Accountability and Managing a Conferencing Program. 23. What Have We Agreed to Here? 24. Creating Conference Agreements. 25. Recording and Managing New Conference Agreements. 26. After the Conference: Relationship Management and Accountability. 27. How to Review Conference Agreements. 28. Keeping Colleagues in the Loop. 29. Keeping Parents in the Loop. Conclusion. Appendix. References.

Read more less

Book SynopsisNew to Hart Publishing, this is the seventh edition of the classic casebook on tort, the first of its kind in the UK, and for many years now a bestselling and very popular text for students. This new edition retains all the features that have made it such a popular and respected text, with extensive commentary, questions and notes supplementing the selection of cases and statutes which form the core of the book. Taking a broadly contextual approach, the book addresses all the main topics in tort law, is up-to-date, doctrinally sound, stimulating and highly readable.Trade ReviewReview of the previous edition: An extremely accessible, useful and impressive collection of cases and materials. -- unknown * Student Law Journal *Review of the previous edition: The extracts are expertly chosen and provide the necessary information without being too brief. The text, whilst being accessible, is also thought-provoking with a number of excellent questions posed at the end of extracts allowing the reader to consider an issue's wider implications. -- unknown * Student Law Journal *Review of the previous edition: I have no hesitation in recommending Hepple & Matthews' Tort: Cases and Materials to anyone interested in or studying this intriguing area of law. Its advantages are two-fold: it is written in an extremely accessible and clear way and, at the same time, encourages the reader to undertake independent research and thought. -- unknown * Student Law Journal *Table of ContentsContents Introduction 1 PART ONE: Principles and policy of negligence 1. An action for damages in perspective 1 The Bradford football fire 2 Points for discussion 3 Civil Justice Reforms and Funding of Civil Actions 2. The duty of care 1 General Principles 2 Pure Omissions 3 Proximity and Failure to Prevent Harm 3. Duty of care: special problems 1 Liability of Public Authorities 2 Psychiatric Harm 3 Wrongful Conception, Wrongful Birth, and the Unborn Child 4. Pure economic loss 1 The Origins of the Rule against the Recovery of Negligently Caused Economic Loss 2 What Is Pure Economic Loss? 3 The Hedley Byrne Exception 4 The Basis and Development of the Hedley Byrne Exception 5 The Measure of Damages under Hedley Byrne: The ‘Scope’ of the Duty 5. Breach of duty 1 The Reasonable Person 2 Application of the Standard of Care 3 Aids in Discharging the Burden of Proof 6. Causation and Remoteness of Damage 1 Factual Causation 2 Selection among Operative Factual Causes 3 Foreseeability of the Kind of Damage 4 Development of The Wagon Mound Doctrine 7. Defences : contributory negligence , volenti non fit injuria , exclusion of liability, and illegality and public policy 1 Contributory Negligence 2 Volenti non fit injuria 3 Exclusion of Liability 4 Illegality and Public Policy 8. Assessment of damages 1 The Aims of an Award of Damages 2 Personal Injuries 3 Property Damage PART TWO: SPECIFIC DU TIES AND INTERESTS 9. LIABILITY FOR DEFECTIVE PREMISES 1 Occupiers’ Liability 2 Non-occupiers’ Liability for Premises 10. Product Liability 1 Negligence 2 Statutory Liability 11. Liability for animals 12. Breach of Statutory Duty 1 Express Creation of New Torts 2 Express Exclusion of Civil Remedy 3 Creation of New Torts by Judicial Interpretation of Statutes 4 The Scope of Protection 5 The ‘Eurotort’ 6 A Note on Health and Safety Legislation 13. Intentional Interference with the Person 1 Trespass, Intention, and Negligence 2 Assault and Battery 3 False Imprisonment 4 The ‘Tort in Wilkinson v Downton’ and Harassment 5 Defences 14. Interference with Land 1 Trespass to Land 2 Public Nuisance 3 Private Nuisance 4 Escape of Dangerous Things from Land 5 Fire 15. Intentional economic torts 1 Conspiracy 2 Inducing Breach of Contract 3 Causing Loss by Unlawful Means—the ‘Unlawful Means Tort’ 4 The Tort of Deceit 16. Interests in Reputation —Defamation 1 Defamation and Freedom of Expression 2 Who Can Sue? 975 3 Words or Matter Defamatory of the Claimant 4 The Distinction between Defamation and Malicious Falsehoods 5 Publication 6 Defences 7 Remedies 8 The Distinction between Libel and Slander 17. Invasion of Privacy PART THREE: Loss Distribution 18. Vicarious Liability 1 Justification for Vicarious Liability 2 Relationship of Employer and Employee 3 Relationships beyond Employment 4 Connection between the Relationship of the Tortfeasor and the Defendant and the Act of the Tortfeasor 5 Liability for Independent Contractors 6 Employer’s Liability to Employees 19. Joint Liability 1 Joint Tortfeasance 2 Contribution between Tortfeasors 20. Insurance and Compensation 1 The Relationship between Insurance and Tort Liability 2 Compulsory Insurance Provisions 3 Motor Insurers’ Bureau 4 The Settlement Process 5 Other Compensation Systems 6 The Future of Compensation Further Reading

Read more less

Book SynopsisThe reign of paper files would seem to be over once files are reduced to the status of icons on computer screens, but Vismann's book, which examines the impact of the file on Western institutions throughout history, shows how the creation of order in medieval and early modern administrations makes its returns in computer architecture.Trade Review"Cornelia Vismann's extraordinary Files . . . presents a methodology for addressing the relationship between media technologies and politics that is often absent, or at least shadowy, in materialist media theory of the Kittlerian style."—Seb Franklin, The Year's Work in Critical and Cultural Theory"Vismann's erudite and attentive analysis shows clear awareness of the danger of both a perfect order (where everything is registered, recorded) and that of a deconstruction possible turning into an order of its own kind with potentially its own para-juridical legend."—Thanos Zartaloudis, Parallax"Vismann's Files is a highly original and theoretical project that combines the thinking of Derrida (on law and its enforcement) and Foucault (on juridical discourse and 'gouvernmentalité') with specific motifs of German media theory as developed by Friedrich Kittler. The book is a state-of-the-art contribution to the analysis of culture that allows us to envision a truly new interrelation between historical research and a comprehensive philosophy of culture that is yet to come." —Rüdiger Campe, Yale UniversityTable of Contents@fmct:Contents @toc4:Translator's Note iii Preface: Off the Record iii @toc2:Chapter 1: Law's Writing Lessons 000 Chapter 2: From Translating to Legislating 000 Chapter 3: From Documents to Records 000 Chapter 4: Governmental Practices 000 Chapter 5: From the Bureau to Data Protection 000 Chapter 6: Files-Icons 000 @toc4:Notes 000 Index 000

Read more less

Book SynopsisThe classic introduction to Islamic law, tracing its development from its origins, through the medieval period, to its place in modern Islam.Table of ContentsIntroduction: the role of legal history in Muslim jurisprudence. Part 1 The genesis of Shari'a law: Qu'ranic legislation; legal practice in the 1st century of Islam; the early schools of law; Muhammed Ibn-Idris ash Shafi; concluding stages of growth. Part 2 Legal doctrine and practice in medieval Islam: the practical theory of law; unity and diversity of Shari'a law; sectarian legal systems in Islam; Islamic government and Shari'a law; Islamic society and Shari'a law. Part 3 Islamic law in modern times: foreign influences - the reception of European laws; administration of Shari'a law in contemporary Islam; Taqlid and legal reform; neo-Ijtihad. Conclusion: religious law and social progress in contemporary Islam.

Read more less

Book SynopsisThis thought-provoking book follows the EU's journey into the digital age, explaining how it uses legislation and policy to tackle challenges such as the abuse of market power by Big Tech companies and the spread of hate speech and disinformation.

Read more less

Book SynopsisThis book provides a practical introductory guide to comparative law. Fernanda G. Nicola and GÃnter Frankenberg present and examine conventional and critical approaches to legal comparison, exploring its ramifications in the field and political effects.

Read more less

Book SynopsisA text in the Yale University Press Series on Basic Documents in World Politics

Read more less

Book SynopsisFully revised, the proven primer on forensic accounting with all-new cases A must-have reference for every business professional, Forensic Accounting and Fraud Investigation for Non-Experts, Third Edition is a necessary tool for those interested in understanding how financial fraud occurs and what to do when you find or suspect it within your organization. With comprehensive coverage, it provides insightful advice on where an organization is most susceptible to fraud. Updated with new cases and new material on technology tools in forensic accounting Covers the core accounting, investigative, and legal aspects of forensic accounting for professionals new to the field Covers investigative and legal issues along with accounting schemes Written by a team of recognized experts in the field of forensic accounting, Forensic Accounting and Fraud Investigation for Non-Experts, Third Edition is essential reading for accountantTable of ContentsPreface xiii Acknowledgments xv Part I Forensic Accounting and Fraud Overview 1 Chapter 1 Forensic Accounting 3 What Is Forensic Accounting? 3 Why Has Forensic Accounting Become the Buzz? 4 Introduction to a Profession 5 Applications for Forensic Accounting 6 A Third Dimension: Contexts within Each Area of Specialization 11 Conclusion 14 Suggested Readings 15 Notes 15 Chapter 2 Fraud in Society 17 What Is Fraud? 17 Types of Fraud 21 Other Types of Financial Fraud 25 Sarbanes–Oxley 27 What the Numbers Tell Us about Fraud 28 Categories of Occupational Fraud 29 Drawing Conclusions 31 Society’s Perception of Fraud 32 Who Commits Fraud?—Profile of the Typical Fraudster 33 The Social Consequences of Economic Crime 39 Conclusion 39 Suggested Readings 40 Notes 40 Chapter 3 Understanding the Basics of Financial Accounting 43 Where It All Begins 43 The Five Accounting Cycles 46 Journals: Subsidiary and General 54 Conclusion 56 Suggested Readings 56 Note 57 Chapter 4 Forms of Entities 59 Basics of Business Structures 59 Sole Proprietorships 60 Partnerships 60 Corporations 63 Business Enterprises in the Global Environment 66 Conclusion 70 Suggested Readings 70 Notes 72 Chapter 5 Fundamental Principles of Financial Analysis 73 Good Analysis = Due Diligence? 73 Why Perform Financial Analysis? 76 What and Whom Can You Trust? 76 Other Factors to Consider 77 Financial Analysis for the Non-Expert 78 To the Future 85 Conclusion 86 Suggested Readings 87 Notes 87 Chapter 6 The Role of the Accounting Professional 89 The Importance of Accounting Professionals in the Investigation 89 The Audit Process 93 Internal Controls 98 Conclusion 101 Notes 101 Part II Financial Crime Investigation 103 Chapter 7 Business as a Victim 105 Introduction 105 Employee Thefts 106 Fraudulent Billing Schemes 112 Fraud Committed by Outsiders 113 Management Thefts 114 Corporate Thefts 117 Identity Theft 118 Conclusion 120 Suggested Readings 120 Notes 120 CHAPTER 8 Business Villains 123 Introduction 123 Organized Crime and Business 123 Money Laundering 130 Conclusion 137 Suggested Readings 138 Notes 139 Chapter 9 The Investigative Process 143 Introduction 143 Case Initiation 144 Case Evaluation 145 Solvability Factors 147 Goal Setting and Planning 148 Investigation 156 Background 158 Conclusion 166 Suggested Readings 167 Notes 167 Chapter 10 Interviewing Financially Sophisticated Witnesses 169 Introduction 169 The Interview 170 Interviewing Financially Sophisticated Witnesses 185 Conclusion 188 Suggested Readings 189 Notes 190 Chapter 11 Proving Cases through Documentary Evidence 193 Introduction 193 Document Collection 194 Document Organization 207 The Process of Proof 211 The Logic of Argument 213 Proof through Inference 217 Conclusion 221 Suggested Readings 222 Notes 224 Chapter 12 Analysis Tools for Investigators 227 Introduction 227 Why Use Analysis Tools at All? 227 Associational Analysis 229 Temporal Analysis 246 Conclusion 252 Suggested Readings 252 Notes 253 Chapter 13 Inferential Analysis 255 Introduction 255 How Inferential Analysis Helps 255 What Is an Inference Network? 256 Investigative Inference Analysis 259 The Key List 263 Constructing an Investigative Inference Chart 264 Plotting the Chart 268 Some Tips for Charting Success 272 Applying the Chart to the Investigative Process 273 Conclusion 275 Suggested Readings 275 Notes 277 Chapter 14 Documenting and Presenting the Case 279 Introduction 279 Creating a System 279 The Casebook System 280 Report Writing 287 Testifying as a Financial Expert 290 Conclusion 305 Suggested Readings 305 Notes 306 About the Authors 309 Index 311

Read more less

Book SynopsisFocuses on the state of liberty and shows how longstanding restraints against tyranny - and the rights of habeas corpus, trial by jury, and due process of law, and the prohibition of torture - are abridged. This book demonstrates how these ancient rights are laid aside when the greed of privatization and the ambition of empire seize a state.Trade Review"With a passion, eloquence and lyrical reverence for the hard-won freedoms of Old England that take the breath away." The Independent "The year's most lyrical and necessary book on liberty. The Magna Carta Manifesto is such a pleasure to read." -- John Nichols The Nation "Shows how restraints against tyranny are being abridged as rights once held inalienable are laid aside." Times Higher Education "Linebaugh should be commended for the impressive scope of his analysis." Insight TurkeyTable of ContentsIllustrations Preface 1. Introduction 2. Two Charters 3. The Commodity and the Commons 4. Charters Lost and Found 5. The Charters in Blackface and Whiteface 6. 1776 and Runnamede 7. The Law of the Jungle 8. Magna Carta and the U.S. Supreme Court 9. Icon and Idol 10. This Land Was Made by You and Me 11. The Constitution of the Commons 12. Conclusion Appendix 1. Magna Carta 2. The Charter of the Forest Glossary Further Reading Index

Read more less