Law Books
Cambridge University Press Can Delaware Be Dethroned
Book SynopsisThis book is aimed at corporate lawyers, academics, regulators, and judges. The leading corporate practitioners and academics who have contributed essays to this volume provide sophisticated analyses of what makes Delaware the leading source of corporate law and the challenges that Delaware faces from other states and the federal government.Table of Contents1. Introduction Stephen M. Bainbridge; 2. Product differentiation in the market for corporate law: how to design a regulatory alternative to Delaware corporate law Sean Griffith; 3. Corporate charter competition Lynn LoPucki; 4. Delaware's dominance: a peculiar illustration of American federalism Robert Thompson; 5. The failure of federal incorporation law: a public choice perspective Sung Hui Kim; 6. Delaware and Santa Fe industries v. Green James Park; 7. Interest group analysis of Delaware law: the corporate opportunity doctrine as case study Stephen M. Bainbridge; 8. The trouble with Trulia: re-evaluating the case for fee-shifting William B. Chandler and Anthony Rickey; 9. Dominance by inaction: Delaware's long silence on corporate officers Lyman Johnson; 10. Delaware primacy for limited partnerships Christine Hurt; 11. Why Delaware has endured, should endure, and yet may not endure Charles Elson; 12. Delaware's continued resilience: the next hundred years A. Gilchrist Sparks.
£90.00
Cambridge University Press A Global Political Morality
Book SynopsisIn A Global Political Morality, Michael J. Perry addresses several related questions in human rights theory, political theory and constitutional theory. He begins by explaining what the term ''human right'' means and then elaborates and defends the morality of human rights, which is the first truly global morality in human history. Perry also pursues the implications of the morality of human rights for democratic governance and for the proper role of courts - especially the US Supreme Court - in protecting constitutionally entrenched human rights. The principal constitutional controversies discussed in the book are capital punishment, race-based affirmative action, same-sex marriage, physician-assisted suicide and abortion.Trade Review'… an extremely important and timely work, by one of the most prominent scholars of human rights, constitutional law and religious freedom in the United States. In it, Perry does nothing less than seek to reorient our understanding of human rights, by rooting them in the psychological phenomenon of agape – or love, as in brotherly love or the unconditional love of God, of the highest form. This foundation, which resonates better than liberal attitudes of respect with central tenets of the major world religions in both West and East, allows him to offer an account of human rights that should prove increasingly influential as globalization progresses. Perry's work presses us to think more deeply about how human rights might be perfected from a moral perspective, and not just better enforced. His views are especially laudable in that they draw on what is deep about religious experience without countenancing what is narrow.' Robin Bradley Kar, Walter V. Schaefer Visiting Professor of Law, University of Chicago Law School and University of Illinois'Michael J. Perry's A Global Political Morality: Human Rights, Democracy, and Constitutionalism is a tour de force. It is a cutting-edge book in political theory that is deeply informed by a number of disciplines, including modern global history, constitutional law, international law, and religious studies. It is written in a clear, engaging, and economical style. Perry incorporates the fruits of his previous scholarship in this work of fresh insight.' M. Cathleen Kaveny, Darald and Juliet Libby Professor of Law and Theology, Boston College, Massachusetts'I am enthusiastic about the contributions this book makes to the literature of human rights and constitutionalism. It presents an original thesis about human rights discourse and a novel argument about how that discourse ought to fit into our existing structure for constitutional law and adjudication. Perry's position is logically constructed and lucidly presented. In explicating it he offers one illuminating insight after another. I have read fairly widely in the human rights literature and I have not read any argument that makes more sense in explaining the force of the human rights idea.' Richard S. Kay, Wallace Stevens Professor of Law, University of Connecticut'With his usual precision, Michael Perry offers a powerful – and qualified – defense of a political morality of human rights that illuminates important issues of substance and institutional design. Perry's explanation of how courts can enforce substantive human rights without undermining the human right to democratic self-government by using a carefully defined concept of deference, is a significant contribution to his already distinguished body of work.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School, Massachusetts'Long an accomplished and distinctive liberal-minded voice in both fields, Michael Perry returns here to the contentious question of whether and how an express regard for the international discourse of human rights can and should enter into constitutional adjudication in the US. The work brings together Perry's moderately combative account of a moral core in the human-rights discourse with a perspicuous probing of the grounds for a justiciable bill of rights in a liberal democracy, yielding much for both moralists and lawyers to chew on.' Frank I. Michelman, Robert Walmsley University Professor, Emeritus, Harvard Law School, MassachusettsTable of ContentsIntroduction; Part I. The Morality of Human Rights: 1. What are 'human rights'? Against the 'orthodox' view; 2. What reason(s) do we have, if any, to take human rights seriously? Beyond 'human dignity'; Part II. From the Morality of Human Rights to Democracy and to Certain Limitations on Democracy: 3. The three pillars of democracy: the human rights to democratic governance, intellectual freedom, and moral equality; 4. Democracy limited: the human right to religious and moral freedom; Part III. Human Rights, Democracy, and Constitutionalism: 5. A theory of judicial review; 6. The theory illustrated: five constitutional controversies, five judicial opinions; 7. Poverty as a human rights issue: constitutionalism-related reflections; Concluding note: human rights foundationalism.
£80.99
Cambridge University Press Danse Macabre
Book SynopsisThe visual arts offer refreshing and novel resources through which to understand the representation, power, ideology and critique of law. This vibrantly interdisciplinary book brings the burgeoning field to a new maturity through extended close readings of major works by artists from Pieter Bruegel and Gustav Klimt to Gordon Bennett and Rafael Cauduro. At each point, the author puts these works of art into a complex dance with legal and social history, and with recent developments in legal and art theory. Manderson uses the idea of time and temporality as a focal point through which to explore how the work of art engages with and constitutes law and human lives. In the symmetries and asymmetries caused by the vibrating harmonic resonances of these triple forces - time, law, art - lies a way of not only understanding the world, but also transforming it.Trade Review'This book dances indeed. Moving deftly from one angle of the triangle of time, law, and art, to the other, this book shows - through a great variety of artworks, all taken up in detail - the complexities and the consequences of these pluralities. There is no other book which does this in such depth in all three fields. We know that law does not equal justice, that the line between law and genocide is flint-thin, and that the time of the clock is very different from the temporalities we experience. That law's dance has death at its heart is a fact of life, but that so many artists in so many different cultural places and moments have been able to make this sensuously perceptible and deploy it as a cry for a justice that is, precisely, not blind: this is what Manderson demonstrates in this utterly enjoyable book.' Mieke Bal, Cultural theorist, critic, video artist and curator'Quondam musician and part-time playwright, full-time jurist, artisan and aesthete, Manderson extracts, expounds and exemplifies the reinvention and relocation of law in its artistic context. Danse Macabre bravely overcomes the jurist's twin fears: of the image, and of theory. This book brilliantly interprets the art that surrounds law as a compelling narrative of justice and of failing legality.' Peter Goodrich, Director of Law and Humanities, Benjamin N. Cardozo School of Law, Yeshiva University, New York'Drawing on recent psychoanalytical, hermeneutic and phenomenological approaches to the histories of art, Manderson weaves a history of the law from 1500 to the present day - a history that neither progresses nor unravels but keeps returning to the archetypal, indeed holy, trinity of law, death and time, which he argues inhabits and manifests in art. Through a close and extended reading of his chosen artworks, and through the innovative methodologies he uses to unpack them, Manderson's chapters build like symphonic movements into a veritable masterclass in the historiography of art. Art, Manderson argues, cannot escape the deathly grip of the law and its temporality - a grip, he argues, that will always entice and elude us.' Ian McLean, Hugh Ramsay Chair of Australian Art History, University of MelbourneTable of ContentsForeword; 1. Bruegel's 'Justice': anachronic time; 2. Reynolds's justice, Blackstone's laws: diachronic time; 3. Governor Arthur's proclamation: utopian time; 4. Turner's 'Slave Ship': now time; 5. Klimt's 'Jurisprudence': suspended time; 6. Bennett's laws: colonial time; 7. Cauduro's crimes: ectoplasmic time; Afterword.
£95.00
Cambridge University Press Owned
Book SynopsisIn this compelling examination of the intersection of smart technology and the law, Joshua A. T. Fairfield explains the crisis of digital ownership - how and why we no longer control our smartphones or software-enable devices, which are effectively owned by software and content companies. In two years we will not own our ''smart'' televisions which will also be used by advertisers to listen in to our living rooms. In the coming decade, if we do not take back our ownership rights, the same will be said of our self-driving cars and software-enabled homes. We risk becoming digital peasants, owned by software and advertising companies, not to mention overreaching governments. Owned should be read by anyone wanting to know more about the loss of our property rights, the implications for our privacy rights and how we can regain control of both.Trade Review'Property in the digital age is getting strange. You can own things you can't see or touch, like Bitcoins. But your ownership of things you can, like your car and your phone, has never been less secure. Owned is an essential guide to how not to get owned by the things you think you own.' James Grimmelmann, Cornell University, New York'The transition from an economy built around physical goods to one premised on the exchange of information presents profound challenges for traditional notions of personal property. Nothing less than our autonomy, security, and privacy are at stake. In Owned, Fairfield illuminates the path forward for property. He offers a powerful theoretical vision and a set of practical reforms that could help us restore control over our digital futures. Aaron Perzanowski, co-author of The End of Ownership: Personal Property in the Digital Economy'The Internet of Things presents new threats to liberty. You don't own your front door; the company running its software does. Fairfield tells us how law needs to change to protect our ancient rights of ownership over the things we buy.' Edward Castronova, Indiana UniversityTable of Contents1. Introduction; 2. The death of property; 3. Surrounded; 4. So what?; 5. Private property; 6. Property as information; 7. The future of property; 8. Jailbreaking ownership; 9. Owners or owned?
£105.45
Cambridge University Press Community Paralegals and the Pursuit of Justice
Book SynopsisThe United Nations estimates that four billion people worldwide lack access to justice. This book is essential for anyone who wants to change that: lawyers, researchers, policy-makers, and activists. Community paralegals demystify law and empower people to advocate for themselves. In the fight to bring justice everywhere, they are the frontline. This title is also available as Open Access.Trade Review'In the 2030 Sustainable Development Goals, world governments made a historic commitment to achieve 'access to justice for all'. This book is a must-read for anyone who, like me, believes in the urgency and vitality of that goal, and anyone who wants to understand how we go about achieving it. If 'access to justice' is an abstraction to you, it won't be once you read the stories in these pages of paralegals and clients seeking justice. Those stories are unforgettable. They hold lessons for all of us.' Mary Robinson, former President of Ireland and former High Commissioner for Human Rights'This book brings law to life in a thoroughly original way. It charts, with great empirical care, analytical acuity and historical sensitivity, the obstacles that lie in the path of making justice accessible to marginalized groups. It then addresses the question: to what extent can paralegals mitigate these obstacles? Through wonderful case studies of the incredibly innovative paralegal movement, it throws light on the toughest questions of our time: how can law become a site for an inclusionary imagination. Anyone interested in the future of law and justice will have to reckon with this book.' Pratap Bhanu Mehta, Vice-Chancellor, Ashoka University, India'This is a powerful guide to understanding one of the most promising emerging fields in the world today. Community paralegals are heroes on a daily basis. Each individual story is inspiring, and the global potential of this profession to change countless lives is thrilling.' Ricken Patel, Founder and CEO, Avaaz'Methodologically rigorous and deeply humane, this groundbreaking and hopeful book transports the reader to the frontlines of global community paralegal efforts to squeeze justice out of the most unlikely places. We bear witness to their successes as they champion the rights of individuals and communities against abuses of power by state actors, private corporations and dysfunctional justice systems. And through clear-eyed analysis of the challenges that community paralegals face, the book makes a convincing argument that only with sustainable financial resources, political will, and dedication to the cultivation of strong cadres of well-trained and supported grassroots advocates, can justice be a lived and long-lasting reality in the lives of the global masses.' Chi Adanna Mgbako, Director of the Leitner International Human Rights Clinic, Fordham University, New York'For many people in the United States and worldwide, the law is a ruse for oppression. Frontline legal advocates can help people turn law into the guarantor of equality it is supposed to be. This book shows us how.' Bryan Stevenson, Founder of Equal Justice Initiative and Macarthur Fellow'This book consists of detailed and impressive studies of a worldwide program that might well constitute a revolution in the making: relying on ordinary citizens to use the power and majesty of the law to protect their rights.' Owen Fiss, Sterling Professor, Yale University, Connecticut'This compelling volume not only demonstrates the significance of 'barefoot lawyering' in nations struggling for democracy. It contains important insights for the world wide effort to preserve and extend fundamental freedoms in the twenty- first century.' Bruce Ackerman, Sterling Professor of Law and Political Science, Yale University, Connecticut'Community Paralegals and the Pursuit of Justice is a work of prodigious scholarship that represents a significant contribution to the development, human rights, and rule of law fields. Vivek Maru, Varun Gauri and contributing authors have evaluated paralegal organizations in six countries with scrupulous care and have drawn well-supported lessons for improving and expanding the model globally. Community Paralegals and the Pursuit of Justice provides welcome evidence that investment in paralegal organizations can not only pay significant dividends for the poor, but can improve the accessibility, capacity, and accountability of justice systems themselves.' Gary Haugen, Founder and CEO, International Justice Mission'… Community Paralegals and the Pursuit of Justice undoubtedly offers important insights into the dynamics influencing the work of paralegals; it is recommended for everyone concerned with the full realization of access to justice for all.' Erica Leni, Human Rights ReviewTable of Contents1. Paralegal in comparative perspective – what have we learned across these six countries? Vivek Maru and Varun Gauri; 2. 'To whom do the people take their issues?' The contribution of community-based paralegals to access to justice in South Africa Jackie Dugard and Katherine Drage; 3. Community-based paralegalism in the Philippines: from social movements to democratization Jennifer Franco, Hector Soliman and Maria Roda Cisnero; 4. Paralegalism in Indonesia: balancing relationships in the shadow of the law Ward Berenschot and Taufik Rinaldi; 5. Kenya's community-based paralegals: a tradition of grassroots legal activism Abigail Moy; 6. Squeezing justice out of a broken system: community paralegals in Sierra Leone Vivek Maru, Lyttelton Braima and Gibrill Jalloh; 7. The contributions of community-based paralegals in delivering access to justice in postwar Liberia Peter Chapman and Chelsea Payne.
£95.00
Cambridge University Press Judging Equity
Book SynopsisT. Leigh Anenson analyzes the scope of judicial authority and discretion to recognize the equitable doctrine of unclean hands as a bar to actions seeking damages in the United States. Bringing an American perspective to contentious conversation about law-equity fusion in other countries of the common law, Anenson provides a historical, doctrinal, and theoretical account of the integration, analyzes cases in the federal courts and across the fifty states, and places the issue of integration within a broader debate over the fusion of law and equity. Her analysis also includes descriptive and normative accounts of the equitable maxim of unclean hands. This groundbreaking work, which clarifies conflicting case law and advances the idea of a principled fusion of law and equity, should be read by anyone interested in the need for equity - its cultivation, preservation, and celebration.Table of Contents1. Introduction; 2. Announcing the 'clean hands' doctrine; 3. Examining the cases; 4. Interpreting the merger; 5. Framing the fusion debate; 6. Thinking procedurally; 7. Conclusion.
£999.99
Cambridge University Press Regulating Assisted Reproductive Technologies
Book SynopsisAs new technologies continue to revolutionise the future of human reproduction, they challenge our legal and ethical assumptions surrounding parenting, family formation, gender roles, obstetrics and neonatology. This book informs about the legal regulation of assisted reproduction and the regulatory challenges emerging developments raise.Table of ContentsPart I. Regulating Reproductive Technologies: Challenges Old and New: 1. Regulation of assisted reproduction: past, present and future; 2. Regulation of gametes: resolving embryo disputes between gamete progenitors; Part II. Regulating New Reproductive Technologies: 3. In vitro gestation: the road to artificial wombs (ectogenesis) and mechanical reproduction; 4. In vitro gestation II: ectogenesis – a regulatory minefield?; 5. Regulation of uterus transplantation: when assisted reproduction and transplant medicine collide; 6. Uterus transplantation and unisex gestation: 'O brave new world, that hath such people in it'; Conclusion.
£95.00
Cambridge University Press The Jewish Family
Book SynopsisThe Jewish Family: Between Family Law and Contract Law examines Jewish family law in the light of new attitudes concerning the role of women, assisted reproduction technologies, and prenuptial agreements. It will appeal to practitioners, activists, academic researchers and laymen readers interested in the fields of law, theology and social science.Table of Contents1. Regulating marital relations between spouses by consent; 2. 'Freedom of contract' in Jewish family law - the differences between the Babylonian and Palestinian Talmuds; 3. Is there really no conditional marriage?; 4. Temporary marriage - a possible solution to the problem of the Agunah?; 5. Towards establishing Halakhic parenthood by agreement?; Index; Bibliography.
£90.00
Cambridge University Press Evidence and Innovation in Housing Law and Policy
Book SynopsisNo area of law and policy is more central to our well-being than housing, yet research on the topic is too often produced in disciplinary or methodological silos that fail to connect to policy on the ground. This pathbreaking book, which features leading scholars from a range of academic fields, cuts across disciplines to forge new connections in the discourse. In accessible prose filled with cutting-edge ideas, these scholars address topics ranging from the recent financial crisis to discrimination and gentrification and show how housing law and policy impacts household wealth, financial markets, urban landscapes, and local communities. Together, they harness evidence and theory to capture the ''state of play'' in housing, generating insights that will be relevant to academics and policymakers alike. This title is also available as Open Access.Table of ContentsIntroduction Lee Anne Fennell and Benjamin J. Keys; Part I. Housing and the Metropolis: Law and Policy Perspectives: 1. The rise of the homevoters: how the growth machine was subverted by OPEC and Earth day William A. Fischel; 2. How land use law impedes transportation innovation David Schleicher; 3. The unassailable case against affordable housing mandates Richard A. Epstein; Part II. Housing as Community: Stability, Change, and Perceptions: 4. Balancing the costs and benefits of historic preservation Ingrid Gould Ellen and Brian J. McCabe; 5. Historic preservation and its even less authentic alternative Lior Jacob Strahilevitz; 6. Losing my religion: Church condo conversions and neighborhood change Georgette Chapman Phillips; 7. How housing dynamics shape neighborhood perceptions Matthew Desmond; Part III. Housing as Wealth Building: Consumers and Housing Finance: 8. Behavioral leasing: renter equity as an intermediate housing form Stephanie M. Stern; 9. Housing, mortgages, and retirement Christopher Mayer; 10. The rise and (potential) fall of disparate impact lending litigation Ian Ayres, Gary Klein and Jeffrey West; Part IV. Housing and the Financial System: Risks and Returns: 11. Household debt and defaults from 2000 to 2010: the credit supply view Atif Mian and Amir Sufi; 12. Representations and warranties: why they did not stop the crisis Patricia A. McCoy and Susan Wachter; 13. When the invisible hand isn't a firm hand: disciplining markets that won't discipline themselves Raphael W. Bostic and Anthony W. Orlando.
£112.10
Cambridge University Press Grassroots Activism and the Evolution of Transitional Justice The Families of the Disappeared
Book SynopsisThe families of the disappeared have long struggled to uncover the truth about their missing relatives. In so doing, their mobilization has shaped central transitional justice norms and institutions, as this ground-breaking work demonstrates. Kovras combines a new global database with the systematic analysis of four challenging case studies - Lebanon, Cyprus, South Africa and Chile - each representative of a different approach to transitional justice. These studies reveal how variations in transitional justice policies addressing the disappeared occur: explaining why victims'' groups in some countries are caught in silence, while others bring perpetrators to account. Conceiving of transitional justice as a dynamic process, Kovras traces the different phases of truth recovery in post-transitional societies, giving substance not only to the ''why'' but also the ''when'' and ''how'' of this kind of campaign against impunity. This book is essential reading for all those interested in the dTable of Contents1. Introduction; Part I. Methods and Theory: 2. Methodological and theoretical innovations in the use of databases in transitional justice; Part II. Global and Historical Perspectives: 3. The daughters of Antigone in Latin America: Argentinian mothers; 4. 'Forensic cascade': the technologies and institutions of truth; 5. The 'missing' tale of human rights; Part III. National Perspectives: 6. Institutionalized silences for the missing in Lebanon; 7. Cyprus: the bright side of a frozen conflict; 8. Truth commissions and the missing: TRC's 'unfinished business'; 9. Poetic justice: the Chilean desaparecidos; 10. Conclusions: five lessons for transitional justice.
£100.70
Cambridge University Press Transitional Justice International Assistance and Civil Society
Book SynopsisTransitional Justice, International Assistance, and Civil Society is for scholars, and for civil society, and government officials working on justice for victims of massive human rights abuse. It addresses how justice initiatives are decided upon, created, and funded - and argues that civil society should play a central role in these processes.Table of ContentsIntroduction: changing contexts of international assistance to transitional justice Paige Arthur and Christalla Yakinthou; Part I. Understanding Cases: 1. From reconciliation to rule of law: the shifting landscape of international TJ assistance in Guatemala Anita Isaacs and Rachel Schwartz; 2. Fighting windmills, ignoring dragons: international assistance to civil society in post-conflict Bosnia and Herzegovina Christalla Yakinthou; 3. Sending the wrong signal: international assistance and the decline of civil society action on TJ in Morocco Paige Arthur; 4. Off the agenda as Uganda moves towards development: Uganda's transitional justice process Tania Bernath; 5. Hybrid court, hybrid peacebuilding in Cambodia Laura McGrew; Part II. Conceptualizing the Connections: 6. Reframing friction: a four-lens framework for explaining shifts, fractures, and gaps in transitional justice Christalla Yakinthou; Why do donors choose to fund transitional justice? Paige Arthur; Conclusion: refocusing on civil society: how to make – not miss – connections Paige Arthur and Christalla Yakinthou.
£95.00
Cambridge University Press Bankruptcy
Book SynopsisA decade after the Global Financial Crisis and Great Recession, developed economies continue to struggle under excessive household debt. While exacerbating inequality and political unrest, this debt - when combined with wage stagnation and a shrinking welfare state - has played a key role in maintaining economic growth and allowing households faced with rising costs of living to make ends meet. In Bankruptcy: The Case for Relief in an Economy of Debt, Joseph Spooner examines this economic model and finds it increasingly unsustainable. In a call to action to reduce debt burden, he turns to bankruptcy law, which is uniquely situated as a mechanism of social insurance against the risks of a debt-dependent economy. This book should be read by anyone interested in understanding the problem of consumer debt and how best to address it.Trade Review'This reviewer highly recommends this book for people who want to learn more about the consumer debt-based economy and ways to make it fairer and more efficient.' R. H. Scott, Choice'The book is essential reading for anyone who is interested in understanding the problem of consumer debt and how best to address it. It is an indispensable addition for all university libraries.' Eugenio Vaccari, Journal of International Banking Law and RegulationTable of Contents1. Introduction; 2. Financialised capitalism and the centrality of household debt; 3. Consumer bankruptcy theory and the case for debt relief; 4. A consumer bankruptcy marketplace; 5. The limits of contractual consumer bankruptcy; 6. The austere creditor: austerity, bankruptcy policy and government debt collection; 7. Moral hazard and bankruptcy abuse prevention; 8. Conclusion; Index.
£95.00
Cambridge University Press Unraveled Obamacare Religious Liberty and Executive Power
Book SynopsisSix years after its enactment, Obamacare remains one of the most controversial, divisive, and enduring political issues in America. In this much-anticipated follow-up to his critically acclaimed Unprecedented: The Constitutional Challenge to Obamacare (2013), Josh Blackman argues that, to implement the law, President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty. At the same time, conservative opponents have stopped at nothing to unravel Obamacare, including a three-week government shutdown, four Supreme Court cases, and fifty repeal votes. This legal thriller provides the definitive account of the battle to stop Obamacare from being 'woven into the fabric of America'. Unraveled is essential reading to understand the future of the Affordable Care Act in America's gridlocked government in 2016, and beyond.Trade Review'Obamacare has remarkably, if perversely, made American political discourse more interesting. It has stimulated braided debates about the proper scope and actual competence of government, about the role of the judiciary in supervising democratic processes, and about how religious liberty becomes a casualty of 'comprehensive' social legislation enlarging the entitlement state. Josh Blackman, who has been immersed in all this as a scholar and participant, gives readers an invaluable inside tour of an ongoing controversy.' George F. Will, newspaper columnist and political commentator'Josh Blackman has written a thorough and engaging account of the political and legal issues surrounding Obamacare. This book is a must-read for all who are interested in the history of the Obama presidency and especially of its most important legislative accomplishment. Blackman presents the conservative perspective but he is even-handed, and all, including those (like me) who disagree with him, will learn a great deal from reading this book.' Erwin Chemerinsky, University of California, Irvine School of Law'Health care involves some of the most personal and - to many people - sacred and spiritually significant issues of life and death. So it is no surprise that an attempt by government to standardize health care coverage for all Americans would raise a host of issues of conscience, choice, and conviction. Josh Blackman's new book Unraveled chronicles the legal struggles over these issues in a fair, complete, and immensely readable narrative. Three things are certain: death, taxes, and that these conflicts are far from over. This book will help us all to understand the stakes and the arguments.' Michael W. McConnell, Stanford University Law School, California'Even-keeled and exhaustive, Blackman's Unraveled offers the consummate insider's take on the titanic legal struggles at the Supreme Court over the future of health reform. It is an indispensable resource and a gripping read.' Nicholas Bagley, University of Michigan Law School'Josh Blackman continues to bring a gimlet eye to the legal controversies surrounding the Affordable Care Act. He combines a careful, even meticulous attention to detail with a grasp of the important issues at stake. Even people who paid close attention to the debate will find much to learn from Unraveled.' Ramesh Ponnuru, senior editor, National Review'Blackman argues that to implement 'Obamacare,' President Obama has broken promises about cancelled insurance policies, exceeded the traditional bounds of executive power, and infringed on religious liberty.' Law and Social InquiryTable of ContentsPrologue; Part I. The Promise of Obamacare: 1. 'If you like your insurance, you can keep your insurance'; 2. Federal and state exchanges; 3. Life and religious liberty; Part II. Conscience and Contraception: 4. The contraception mandate; 5. Election slowdown; 6. Faith in the courts; Part III. Shutdown: 7. Exchanges 'established by the state'; 8. Tea party summer; 9. 'Train wreck'; 10. Filibuster; Part IV. Obamacare Unravels: 11. Lights out; 12. Canceled; 13. Government by blog post; 14. Crashing into the deadline; Part V. Religious Liberty: 15. New year's resolution; 16. Substantial burden; 17. 'Glitch'; 18. Between two ferms; 19. Corporate prayer; 20. Notorious RBG; Part VI. Nuclear Fallout: 21. Circuit split; 22. Dueling petitions; 23. 'So sue me'; Part VII. Subsidizing Obamacare: 24. #GruberGate; 25. King v. Burwell; 26. Gridlock; 27. 'Unravel what's now been woven into the fabric of America'; 28. 'Improve health care markets, not destroy them'; Part VIII. The Nuns: 29. Make health care great again; 30. Short-handed court; 31. 'Hijacked'; 32. 'Accommodation'; Epilogue.
£32.29
Cambridge University Press Trusts and Modern Wealth Management
Book SynopsisTrust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.Table of ContentsIntroduction Richard C. Nolan, Tang Hang Wu and Kelvin F. K. Low; Part I: 1. The role of the courts today in the administration of trusts Launcelot Henderson; 2. 'Breaking bad': settlors' reserved powers Lusina Ho and Harold Hsiao-Wo Lee; 3. Trustees and third party powers Richard C. Nolan; 4. Trust arbitration clauses Matthew Conaglen; 5. Massively discretionary trusts Lionel Smith; 6. Trustees, fiduciaries and fetters David Pollard; Part II: 7. Derivative actions on behalf of the trust: Beddoe orders for beneficiaries Tang Hang Wu; 8. The entitlements of objects as defining features of discretionary trusts Peter G. Turner; 9. The beneficiary's performance interest in a trust: AIB v. Redler and the march of the compensatory principle James Penner; 10. Compensatory remedies for breach of trust Paul S. Davies; 11. Tapping into trust assets for redistribution upon divorce in England and Wales Simone Wong; 12. The vulnerability of trusts in divorce Rebecca Lee; Part III: 13. Mapping client sophistication: critical enquiry or unnecessary distraction? Christopher Hare and Travers Smith; 14. Misrepresentation and rescission Kelry Loi; 15. The alternative Australian Trusts Act (Cth) David Chaikin and Eve Brown; 16. Non-charitable purpose trusts: the missing right to forego enforcement Kelvin F. K. Low; 17. Trusts in civil law environments – can civil law jurisdictions such as Liechtenstein deal with core issues of trust law? Francesco A. Schurr; 18. High net worth trusts in the 21st Century: confiscatory taxes and duties? Tony Molloy, QC.
£160.55
Cambridge University Press AttorneyClient Privilege in the Americas
Book SynopsisOne of the major challenges facing the legal profession today is how to adapt and apply the concept of attorney-client privilege (or professional secrecy) in an increasingly globalised world. Rules on attorney-client privilege differ significantly from country to country. This book explores such differences within 32 jurisdictions in North, Central and South America and the Caribbean. Together with its complementary volume Professional Secrecy of Lawyers in Europe (Cambridge, 2013), this book explores the creation of a common definition for attorney-client privilege which can be accepted by a wide variety of countries and international institutions. Practice and interpretation within each jurisdiction is mapped and explored, including reference to local laws, ethical rules and case law. This book is a useful resource for those working on transactions or litigations which involve several countries.Table of ContentsIntroduction; 1. Attorney-client privilege in the Americas James R. Silkenat and Dirk Van Gerven; 2. Anguilla Yvette A. Wallace and Angela A. Mullix; 3. Antigua and Barbuda Safiya L. Roberts; 4. Argentina Marcelo Bombau; 5. Bahamas Vann P. Gaitor, LaShay A. S. Thompson, Andrea A. Moultrie, Felix F. L. Beneby Jr and Camryn A. Cartwright; 6. Barbados Giles A. M. Carmichael and Sharalee M. J. Gittens; 7. Belize Eamon H. Courtenay SC and Iliana N. Swift; 8. Bermuda Grant Spurling and Kiernan Bell; 9. Bolivia Fernando Aguirre B.; 10. Brazil Flavio Olimpio de Azevedo; 11. British Virgin Islands Claire Goldstein; 12. Canada Malcolm M. Mercer; 13. Chile Raimundo Moreno and Monica Vander Schraft; 14. Colombia Carlos Urrutia-Valenzuela; 15. Costa Rica Andrea Sittenfeld, Adriana Castro, Karla Gonzalez and Eduardo Calderon; 16. Cuba Maria Antonieta Landa Marti, Miguel Francisco Sardiñas Arce and Imara Francisca Betancourt Suarez; 17. Curaçao Bouke Boersma; 18. Dominican Republic Luis Rafael Pellerano and Ricardo Pellerano; 19. Ecuador Sebastian Caicedo Ricaurte and Bruce Horowitz; 20. El Salvador Ricardo Cevallos; 21. Guatemala Alfonso Carrillo M.; 22. Honduras J. Humberto Medina Alva and Marcela Aguilar; 23. Jamaica Peter S. Goldson and René C. K. Gayle; 24. Mexico Samuel García-Cuéllar and Michel Narcia Martínez; 25. Panama José Agustín Preciado M. and Mario A. Preciado Miró; 26. Paraguay Rosa Elena Dimartino; 27. Peru Jean Paul Chabaneix and Luis Bedoya; 28. Puerto Rico Richard Graffam-Rodríguez; 29. Trinidad and Tobago Mark James Morgan; 30. United States Gerry Silver; 31. Uruguay Santiago Gatica, José Juan Gari, Juan Bonet, Santiago Murguía, Daniel Mosco and Camila Umpiérrez; 32. US Virgin Islands Xaverie L. Baxley-Hull; 33. Venezuela Fernando Peláez-Pier and Alejandro Gallotti.
£216.60
Cambridge University Press Commercial Remedies Resolving Controversies
Book SynopsisThe law of commercial remedies raises a number of important doctrinal, theoretical and practical controversies which deserve sustained and rigorous examination. This volume explores such controversies and suggests solutions, which is essential to ensure that the law is defensible, clear and just. With contributions from twenty-three leading academic and practitioner experts, this book addresses significant issues in the law which, taken together, range across the entire remedial jurisdiction as it applies to commercial disputes. The book primarily focuses on the resolution of controversies in the English law of commercial remedies, but recent developments elsewhere are also considered, especially in other common law jurisdictions. The result provides remarkably comprehensive coverage of the field which will be of relevance to academics, students, judges and practitioners.Table of ContentsPart I. Introduction: 1. Commercial remedies: identifying themes and controversies Graham Virgo and Sarah Worthington; 2. On the nature and function of remedies for breach of contract Jonathan Morgan; Part II. Specific Remedies: 3. Repudiation: keeping the contract alive Janet O'Sullivan; 4. Termination and the agreed sum Andrew Summers; 5. Specific performance and change of mind Mindy Chen-Wishart; 6. Injunctions in tort and contract Paul Davies; 7. Rescission Nick McBride; 8. Remedies for vindicating ownership rights in real property Amy Goymour; Part III. Monetary Remedies: 9. Performance damages Charlie Webb; 10. Proving contract damages Adam Kramer; 11. Interest Andrew Burrows; 12. Actionable loss of a chance Sarah Green; 13. Gain-based remedies Graham Virgo; 14. Exemplary damages James Goudkamp; Part IV. Agreed and Party-Specific Remedies: 15. Express termination clauses Richard Hooley; 16. Penalty clauses Sarah Worthington; 17. Deposit clauses Carmine Conte; 18. Flawed assets clauses Louise Gullifer; 19. Subrogation Stephen Watterson; 20. Equitable set-off Peter Turner; Part V. Special Contexts: 21. Commercial remedies in international cases Louise Merrett; 22. Remedies of the criminal courts Matthew Dyson and Paul Jarvis; Part VI. The Future: 23. Codification of remedies for breach of commercial contracts: a blue-print Neil Andrews.
£146.30
Cambridge University Press Humanizing the Laws of War
Book SynopsisThis book analyzes the unique role of the International Committee of the Red Cross (ICRC) in international norm creation and the progressive development of international humanitarian law. It will be of interest to scholars and students of international law, but also to practitioners working in the field of international humanitarian law at government agencies and non-governmental organizations.Table of ContentsIntroduction: the international Red Cross and Red Crescent Movement and the development of international humanitarian law Stefanie Haumer, Robin Geiss and Andreas Zimmermann; Part I. The International Committee of the Red Cross' Influence on the Development of Core International Humanitarian Law Treaties: 1. The International Committee of the Red Cross and the Geneva Conventions of 1949 Robert Heinsch; 2. The International Committee of the Red Cross and the additional protocols of 1977 Michael Bothe; Part II. The International Committee of the Red Cross and the Development of International Humanitarian Law beyond Treaty Regimes: 3. The International Committee of the Red Cross and the clarification of customary international humanitarian law Jean-Marie Henckaerts; 4. The International Committee of the Red Cross' 'interpretive guidance on the notion of direct participation in hostilities': see a little light Robert Cryer; Part III. The International Committee of the Red Cross' Influence on Related Areas of International Law: 5. Development of treaties limiting or prohibiting the use of certain weapons: the role of the International Committee of the Red Cross Kathleen Lawand and Isabel Robinson; 6. Between 'constructive engagement', 'collusion' and 'critical distance': the International Committee of the Red Cross and the development of international criminal law Carsten Stahn; Part IV. Conclusion: 7. The International Committee of the Red Cross – a unique actor in the field of international humanitarian law creation and progressive development Robin Geiss and Andreas Zimmermann.
£90.00
Cambridge University Press The Cambridge Handbook of PublicPrivate Partnerships Intellectual Property Governance and Sustainable Development
Book SynopsisPublicprivate partnerships (PPPs) play an increasingly prominent role in addressing global development challenges. United Nations agencies and other organizations are relying on PPPs to improve global health, facilitate access to scientific information, and encourage the diffusion of climate change technologies. For this reason, the 2030 Agenda for Sustainable Development highlights their centrality in the implementation of the Sustainable Development Goals (SDGs). At the same time, the intellectual property dimensions and implications of these efforts remain under-examined. Through selective case studies, this illuminating work contributes to a better understanding of the relationships between PPPs and intellectual property considered within a global knowledge governance framework, that includes innovation, capacity-building, technological learning, and diffusion. Linking global governance of knowledge via intellectual property to the SDGs, this is the first book to chart the activitiTrade Review'At a time in which prospects for normative and technical assistance initiatives to address access to public goods have been overwhelmed by new challenges arising from globalization, digitization, and the failure of multilateralism, this book offers a careful study of public-private partnerships (PPPs) in a variety of sectors, using case studies that offer guidance to policymakers, raise new questions for scholars, and, collectively, outline the contours of new pathways in the design and governance of PPPs, with a distinctive path to advancing access to knowledge and access to technology. The book is a should have - and a must read.' Ruth Okediji, Harvard Law School and the Berkman Klein Center, Massachusetts'This timely publication explores the complex linkages between the broad policy context defined by the Sustainable Development Goals (SDGs), and the concrete task of using the intellectual property (IP) system to forge practical partnerships that yield tangible results, examined through the lens of how IP rights are managed within a diverse selection of public-private partnerships. In distilling practical and policy insights from this rich vein of experience, and analysing equally diverse approaches to managing IP rights to leverage public benefit, this landmark volume opens up possibilities for a more nuanced, more grounded and more enabling understanding for policymakers of the complex roles and potential contributions of the IP system in efforts to achieve the SDGs; and it equally provides direct guidance for those engaged in the practical planning and management of knowledge-based programmes for sustainable development [and] marks a substantial advance towards the informed and empirically grounded inquiry.' Antony Taubman, World Trade Organization'This timely book covers a very important trio of topics, and is a 'must-read' for anyone interested in current issues relating to intellectual property and its broader social and developmental goals.' Edward Kwakwa, World Intellectual Property Organization'The twenty first century will be increasingly driven by the globalization of knowledge goods. How should intellectual property be governed in public–private partnerships if they are to comply with sustainable development goals? This impressive collection brings together concrete experiences to draw lessons for future directions in global governance of knowledge.' Sakiko Fukuda-Parr, The New School, New York'This book makes a long overdue contribution to the understanding of public–private partnerships (PPPs) and their role in global knowledge governance. PPPs are often found on the intersection of private intellectual property and public interest. Their variety is as plentiful as the views expressed in this book which makes it a must read for anyone interested in the question of whether PPPs address intellectual property and development challenges effectively or worsen them.' Ellen 't Hoen, Medicines Law and Policy and Global Health Unit, University of Groningen, The Netherlands'…offer[s] a fresh insight into one of the biggest issues we face today in global development challenges.' Elizabeth Robson Taylor, Phillip Taylor, The BarristerTable of ContentsIntroduction; 1. Charting the triple interface of public-private partnerships, global knowledge governance, and sustainable development goals Margaret Chon, Pedro Roffe and Ahmed Abdel-Latif; Part I. Public Health: 2. Public-private partnerships as models for new drug research and development: the future as now Frederick Abbott; 3. Driving innovation for global health through multi-stakeholder partnerships Anatole Krattiger, Thomas Bombelles and Ania Jedrusik; 4. Creating, managing, and advancing collaborations: the road to successful partnerships Katy M. Graef, Jennifer Dent and Amy Starr; 5. Patent pooling in public health Esteban Burrone; 6. Intellectual property in early-phase research public-private partnerships in the biomedical sector Hilde Stevens and Isabelle Huys; Part II. Education, ICT and Libraries: 7. A publisher perspective on a public-private partnership for access to biomedical information Jens Bammel; 8. A sustainable development agenda for the World Intellectual Property Organization: networked governance and public-private partnerships Sara Bannerman; 9. The Marrakesh Treaty, public-private partnerships, and access to copyrighted works by visually impaired persons Susan Isiko Štrba; 10. Intellectual property and public-private partner motivations: lessons from a digital library Melissa Levine; Part III. Green Technologies and Agriculture: 11. The rise of public-private partnerships in green technologies and intellectual property rights Ahmed Abdel-Latif; 12. Innovation law and policy choices for climate change-related public-private partnerships Joshua Sarnoff and Margaret Chon; 13. How do climate change and energy-related partnerships impact innovation and technology transfer? Ayşem Mert and Philipp Pattberg; 14. One size does not fit all: the role of the state and the private sector in the governing framework of geographical indications Irene Calboli and Delphine Marie-Vivienne; Part IV. Governance and Institutional Design Perspectives: 15. Public-private partnerships and technology sharing: existing models and future institutional designs Padmashree Gehl Sampath; 16. From the MDGs to the SDGs: cross-sector partnerships as avenues to development in the UN system David J. Maurrasse; 17. Sustainable development through a cross-regional research partnership Chidi Oguamanam and Jeremy De Beer; 18. Intellectual property, human rights and public-private partnerships Peter K. Yu; Conclusions; 19. The triple interface: findings and future directions Margaret Chon.
£133.95
Cambridge University Press Merry and McCall Smiths Errors Medicine and the Law
Book SynopsisThis second edition provides a more informed alternative to the blame culture which has increasingly come to dominate our response to accidents, whether in the medical field or elsewhere. It is aimed at all who have a deep interest in patient safety, medical law and the regulation of healthcare.Trade Review'The authors propose a novel approach based upon the principles of a just culture and therapeutic jurisprudence, with a strong movement away from blame and toward transparency, learning, and accountability. In doing so, they have produced a well-argued, erudite, and readable treatise that stands in the very first rank. This is a book that is to be strongly recommended. It has something for everyone - practicing health care clinicians, lawyers, hospital managers, regulators, policy makers, and the public.' Jo Samanta and Ash Samanta, Journal of Legal MedicineTable of ContentsForeword; Acknowledgement; Introduction; 1. Accidents; 2. The human factor; 3. Errors; 4. Violations; 5. Negligence, recklessness and blame; 6. The standard of care; 7. Assessing the standard - the role of the expert witness; 8. Beyond blame: responding to the needs of the injured; 9. The place of the criminal law in healthcare; 10. Rethinking accountability in healthcare; Conclusion; Index.
£104.50
Cambridge University Press The Brazilian Legal Profession in the Age of Globalization
Book SynopsisThis book provides the first comprehensive analysis of globalization''s impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil''s need to restructure its economy and manage its global relationships contributed to the emergence of a new ''corporate legal sector'' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state''s legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the globalTable of Contents1. Globalization, lawyers and emerging economics: the case of Brazil Luciana Gross Cunha, Daniela Monteiro Gabbay, José Garcez Ghirardi, David M. Trubek and David B. Wilkins; 2. Corporate law firms: the Brazilian case Daniela Monteiro Gabbay, Luciana Ramos and Ligia Pinto Sica; 3. In-house counsels in Brazil: careers, professional profiles, and new roles Fabiana Luci de Oliveira and Luciana Ramos; 4. South by Southeast: comparing the development of in-house legal department in Brazil and India David B. Wilkins and Vikramaditya S. Khanna; 5. Globalizing processes for São Paulo attorneys: gender stratification in law firms and law-related businesses Maria da Gloria Bonelli and Camila de Pieri Benedito; 6. The Ordem dos Advogados do Brazil and the politics of professional regulation in Brazil Frederico de Almeida and Paulo André Nassar; 7. Doing well and doing good in an emerging economy: the social organization of pro bono Among corporate lawyers and law firms in São Paulo, Brazil Fabio de Sa e Silva; 8. Legal education in Brazil: the challenges and opportunities of a changing context Luciana Gross Cunha and José Garcez Ghirardi; 9. Transforming legal capacity in Brazil: international trade law and the myth of a booming practice Rubens Glezer, Vitor M. Dias, Adriane Sanctis de Brito and Rafael A. F. Zanatta; 10. Lawyering in new developmentalism: legal professionals and the construction of the telecom sector in the emerging Brazil (1980s–2010s) Fabio de Sa e Silva and David M. Trubek.
£105.45
Cambridge University Press Syria the Strength of an Idea
Book SynopsisThe Syrian crisis has confounded political leaders and experts who forecast a rapid fall of the regime. This monumental error of interpretation has had tragic consequences for the unfolding of the crisis and its slide into a frightful civil war with regional and international ramifications. This book looks at Syrian reality in a new light. By analysing twenty-five constitutions and constitutional texts and proposing an innovative classification of the different political regimes that have shaped Syria over the last one hundred years, the author retraces the country''s intense history and the persistence of a Syrian model defined by the Founding Fathers. If, on emerging from this war, Syria maintains its unity and gives itself a democratic regime reflecting its society, then the concept of Syria may find a new lease of life and Syria will once again be perceived as an idea full of promises.Table of ContentsIntroduction; 1. The Syrian question; Part I. Parliamentary Constitutions and Liberal Regimes: 2. The Syrian monarchy; 3. The First Republic; 4. The Second Republic; Part II. Presidential Constitutions and Authoritarian Regimes: 5. The Third Republic; 6. The Fourth Republic; 7. The pan-Arab constitutions; 8. Towards the Fifth Republic; 9. Towards the Sixth Republic; Conclusion.
£69.35
Cambridge University Press The Unexpected Scalia A Conservative Justices Liberal Opinions
Book SynopsisAntonin Scalia was one of the most important, outspoken, and controversial Justices in the past century. His endorsements of originalism, which requires deciding cases as they would have been decided in 1789, and textualism, which limits judges in what they could consider in interpreting text, caused major changes in the way the Supreme Court decides cases. He was a leader in opposing abortion, the right to die, affirmative action, and mandated equality for gays and lesbians, and was for virtually untrammelled gun rights, political expenditures, and the imposition of the death penalty. However, he usually followed where his doctrine would take him, leading him to write many liberal opinions. A close friend of Scalia, David Dorsen explains the flawed judicial philosophy of one of the most important Supreme Court Justices of the past century.Table of ContentsIntroduction - what is liberal?; Part I. Scalia's Judicial Philosophy: 1. The Confirmation hearings; 2. Scalia's principles of decision making; Part II. Scalia's Conservative Constitutional Opinions: 3. First and Second Amendments; 4. Constitutional criminal procedure; 5. Privacy and individual rights; 6. Government power and regulation; Part III. Scalia's Liberal Constitutional Opinions: 7. First Amendment - freedom of speech and more; 8. Fourth Amendment - search and seizure; 9. Fifth Amendment - criminal applications; 10. Sixth Amendment - right to trial by jury; 11. Sixth Amendment - confrontation clause; 12. Sixth Amendment - right to counsel; 13. Seventh Amendment - right to jury trial; 14. Habeas Corpus; 15. Separation of powers and Federalism; 16. Commerce clause and other provisions; Part IV. Scalia's Conflicted Constitutional Opinions: 17. Political speech; 18. Antiabortion demonstrations; 19. Free exercise of religion; 20. Punitive damages; 21. Peremptory challenges; Part V. Originalism Reconsidered: 22. Fundamentals reconsidered - textualism and originalism; 23. Fundamentals reconsidered - other doctrines; 24. Conservative opinions reconsidered - individual rights; 25. Conservative opinions reconsidered - other; 26. Liberal opinions reconsidered; 27. Conflicted opinions reconsidered; Part VI. Scalia's Nonconstitutional Opinions: 28. Four Liberal special cases; 29. Liberal criminal statutory opinions; 30. Liberal civil statutory opinions; 31. Conservative statutory opinions; Part VII. Finale: 32. The other originalist justice; 33. Conclusion.
£29.44
Cambridge University Press Misuse of Market Power
Book SynopsisMisuse of Market Power: Rationale and Reform is a highly relevant specialty text for scholars in competition law and economics, as well as competition law professionals who require it for their work in shaping policy or advising clients on antitrust law and economics, including government departments, practising lawyers and economists.Trade Review'Katharine Kemp's Misuse of Market Power is a powerful description and analysis of tests to identify unilateral conduct that harms the market and should be proscribed. Coming on the heels of Australia's 'effects' amendment to its unilateral conduct law, Kemp's book promises to be an important tool in interpreting the new law wisely and pragmatically. Her thoughtful synthesis of how to minimize error costs and provide certainty, administrability and legitimacy may be a beacon for interpreting dominance and monopoly laws around the world.' Eleanor M. Fox, Walter J. Derenberg Professor of Trade Regulation, New York University School of Law'Katharine's interventions in the debate leading up to the recent reforms to section 46 of Australia's Competition and Consumer Act were scholarly, insightful and influential. Her contributions also helped to moderate the tone of public commentary that occasionally became quite confused. In this book she has now brought her reasoned and careful approach to an excellent exposition of the issues in this most complex area of competition policy and law. Her fascinating description of the development of abuse of dominance and monopolization laws in England, Germany, Australia, Europe and the United States gives valuable historical context to her careful analysis of the arguments that have surrounded the framing and application of the laws that seek to keep the power of oligarchs and monopolists in check. Katharine's book will be a valuable resource for my ACCC colleagues, students, academics, legal practitioners, and I suspect, the Courts. It will be a key tool as we all seek to apply Australia's misuse of market power law in years to come. It is also an impressive addition to the international debate about the scope of laws and policies addressing anticompetitive action by dominant businesses.' Rod Sims, Chairman of the Australian Competition and Consumer CommissionTable of Contents1. Introduction; 2. Unilateral conduct laws: origins, objectives and theory; 3. The history and objectives of unilateral conduct legislation in Australia; 4. A comparative analysis of profit-focused tests for unilateral anticompetitive conduct; 5. A comparative analysis of effects-based tests for unilateral anticompetitive conduct; 6. The role of purpose in unilateral conduct standards.
£95.00
Cambridge University Press Wildlife Politics
Book SynopsisAttitudes towards charismatic animals such as tigers, lions, bears and wolves vary greatly and change over time, resulting in bitter political debates. This comprehensive book identifies and analyses the factors that influence policies across the globe, highlighting how this impacts conservation as a whole. Issues such as overexploitation, hunting, ecotourism and the struggle to prevent illegal wildlife trafficking are examined and science''s role in policymaking is assessed. The conflicting forces behind legislation, including institutions, interest groups and the media are analysed, with particular focus on the significance of the Endangered Species Act, covering over forty-five species that have become matters of political debate in sixty-seven different countries. Case studies and conceptual frameworks provide a clear understanding of the key topics, shedding light on this important yet often overlooked area of environmental politics.Trade Review'Eminently readable and thoroughly referenced, Wildlife Politics fills a great void in the literature. It will make an excellent primary text in classes on conservation politics and an excellent supplementary text in survey courses on conservation, which usually give short shrift to politics and thus leave students unprepared.' David Johns, Biological Conservation'The utility of this book to students and scholars lies in its diversity of subject matter and the depth in which subjects are explored.' J. Organ, Choice'This is an incredibly well-researched overview and survey of the factors, issues, and considerations that are relevant to conservation of biological diversity in the Unites States and around the world. This book would be an excellent reference and starting point for students, policy practitioners, and wildlife managers who want to gain a greater appreciation for the complexities of wildlife politics.' Brett Hartl, The Quarterly Review of Biology'Wildlife Politics is an impressive summary of many of the social and political issues that shape conservation … this will be a valuable resource for those interested in wildlife politics, wherever they are in the world.' Rebecca Nesbit, The BiologistTable of Contents1. An introduction to wildlife politics; 2. Science and the protection of wildlife; 3. Implementation and enforcement issues in preserving wildlife; 4. The development of US wildlife policies and legislation; 5. Charismatic animals, carnivores, and the politics of wildlife; 6. The ESA: evaluation and politics; 7. Comparative wildlife politics; 8. International wildlife politics; 9. Wildlife politics, values, and ethics; 10. Hunting and wildlife politics; 11. Tourism: good or bad for conservation of wildlife?; 12. Conclusion.
£56.99
Cambridge University Press Insiders Outsiders Injuries and Law
Book SynopsisThis volume takes a forward-looking, intellectually rich approach to understand how Engel's canonical article in law and society is shaping the discipline, and will be of interest to a wide variety of cultural and legal scholars and students.Table of ContentsPart I. Introduction and Contextualization: 1. Revisiting the oven bird's song Mary Nell Trautner; 2. The oven bird's song: insiders, outsiders, and personal injuries in an American community David M. Engel; 3. Emulating Sherlock Holmes: the dog that didn't bark, the victim who didn't sue, and other contradictions of the 'hyper-litigious' society Barbara Yngvesson; 4. Karl's law school, or the oven bird in Buffalo Alfred S. Konefsky; Part II. The Oven Bird's Insights into the Legal System and Legal Process: 5. Challenging legal consciousness: practice, institutions, and varieties of resistance Anna-Maria Marshall; 6. Client selection: how lawyers reflect and influence community values Lynn Mather; 7. Do jurors hear the oven bird's song? Valerie P. Hans; 8. Having a right but using it too: 'The Oven Bird's Song' about contracts Stewart Macaulay; Part III. Insiders, Outsiders, Class Conflict, and Difference: 9. Indigenous litigiousness: the oven bird's song and the miner's canary Eve Darian-Smith; 10. Listening for the songs of others: insiders, outsiders, and the legal marginalization of the working underclass in America Michael McCann; 11. Racing the oven bird: criminalization, rightlessness, and the politics of immigration Jamie Longazel; 12. Irresponsible matter: sublunar dreams of injury and identity Anne Bloom; 13. Student perceptions of (their) place in relationship to 'The Oven Bird's Song' Renee Ann Cramer; Part IV. Conflict and Law in Other Cultures: 14. The songs of other birds Anya Bernstein; 15. Imagined community and litigation behavior: the meaning of automobile compensation lawsuits in Japan Yoshitaka Wada; 16. Can 'The Oven Bird' migrate north of the border? Annie Bunting; Part V. Afterward: 17. Looking backward, looking forward: past and future lives of 'The Oven Bird's Song' David M. Engel.
£53.20
Cambridge University Press International Law Reports Consolidated Table of Treaties
Book SynopsisThis new consolidated table of treaties 1-160 covers in a single consolidation all treaties referred to in volumes 1-160 of the International Law Reports by date, treaty title and article number. It also indicates where early treaties and non-multilateral treaties may be found. Since the Reports began in 1922, over 10,000 cases have been reported in full or digest form.Table of ContentsPreface; Abbreviations; Consolidated treaties volumes 1-160.
£152.00
Cambridge University Press Legal Authority beyond the State
Book SynopsisIn recent decades, new international courts and other legal bodies have proliferated as international law has broadened beyond the fields of treaty law and diplomatic relations. This development has not only triggered debate about how authority may be held by institutions beyond the state, but has also thrown into question familiar models of authority found in legal and political philosophy. The essays in this book take a philosophical approach to these developments, debates and questions. In doing so, they seek to clarify the relevant issues underpinning, as well as develop possible solutions to the problem of how legal authority may be constructed beyond the state.Table of ContentsIntroduction Patrick Capps and Henrik Palmer Olsen; 1. The evolution of authority Alan Brudner; 2. The evolution of global authority Patrick Capps; 3. International courts and the building of legal authority beyond the state Henrik Palmer Olsen; 4. Semantic authority, legal change and the dynamics of international law Ingo Venzke; 5. Practical reason and authority beyond the state John Martin Gillroy; 6. Varieties of authority in international law – state-consent, international organisations, courts, experts and citizens Inger-Johanne Sand; 7. The legitimate authority of international courts and its limits – a challenge to Raz's service conception? Andreas Follesdal; 8. Consent, obligation, and the legitimate authority of international law Richard Collins; 9. The International Criminal Court: The New Leviathan? Margaret Martin.
£95.00
Cambridge University Press Great Christian Jurists in English History
Book SynopsisThe Great Christian Jurists series comprises a library of national volumes of detailed biographies of leading jurists, judges and practitioners, assessing the impact of their Christian faith on the professional output of the individuals studied. Little has previously been written about the faith of the great judges who framed and developed the English common law over centuries, but this unique volume explores how their beliefs were reflected in their judicial functions. This comparative study, embracing ten centuries of English law, draws some remarkable conclusions as to how Christianity shaped the views of lawyers and judges. Adopting a long historical perspective, this volume also explores the lives of judges whose practice in or conception of law helped to shape the Church, its law or the articulation of its doctrine.Trade Review'The scope is wide, reaching from the thirteenth century (Henry of Bratton) to the twentieth (Lord Denning), and the chapters are of consistently high quality. Thus the volume is no mere biographical collection, but a unique contribution for the way it explores the complicated interactions between faith and practice, ecclesiastical law and common law, and recurring questions about the boundaries between civil and ecclesial jurisdictions. … In sum, this is an excellent start for the Great Christian Jurists series, and it has set a high bar for subsequent volumes.' Journal of Markets and Morality'This book deserves wide readership not only by researchers but for its general historical interest. Each essay is discrete and can be enjoyed separately or as part of the whole.' Sheila Cameron, Church Times'Great Christian Jurists presents a fascinating diversity in the interaction between faith and law, dependent among other things on the person's character and temperament, as well as the relevant historical context. Perhaps, therefore, the key lesson of the book is that the relationship between Christianity and law in a person's life is a complex one, not susceptible of one single authorized mode of expression. Faith can be expressed in more than one legitimate way and it would be inappropriate to attempt to contrive a single model or blueprint. The volume succeeds in providing a helpful overview of the life and contributions made by leading Christian jurists, and makes a welcome contribution to the Cambridge Studies in Law and Christianity series.' Benjamin B. Saunders, Reading ReligionTable of Contents1. Introduction R. H. Helmholz and Mark Hill, QC; 2. Henry of Bratton (alias Bracton) Nicholas Vincent; 3. William Lyndwood R. H. Helmholz; 4. Christopher St German: religion, conscience and law Ian Williams; 5. Sir Edward Coke: faith, law and the search for stability in reformation England David Chan Smith; 6. Richard Hooker: priest and jurist Norman Doe; 7. The integrative Christian jurisprudence of John Selden Harold Berman and John Witte; 8. Matthew Hale as Theologian and natural law theorist David S. Sytsma; 9. Lord Mansfield: the reasonableness of Religion Norman S. Poser; 10. William Blackstone's Anglicanism Wilf Prest; 11. Lord Kenyon: preaching from the bench James Oldham; 12. Stephen Lushington Stephen M. Waddams; 13. Roundell Palmer, Earl of Selborne Charlotte Smith; 14. F. W. Maitland: faithful dissenter Russell Sandberg; 15. A passion for justice: Lord Denning, Christianity and the law Andrew Phang.
£116.85
Cambridge University Press Green Trade and Fair Trade in and with the EU
Book SynopsisThis book explores how EU law constrains the freedom of the EU, the Member States, and private bodies to adopt measures that seek to protect social and environmental interests abroad by placing conditions on production processes in other states. The permissibility of such process-based measures has been examined primarily within the World Trade Organization (WTO) context, but the challenges that they present are equally for the EU internal market system. Ankersmit identifies three core challenges posed by process-based measures from an EU law perspective: extraterritoriality, unilateralism and the competitive and democratic problems created by private rule-making. It examines these issues in the context of free movement, competition, public procurement, and EU tax law. This book will appeal to academics, policy makers and practitioners interested in trade and environment, the social impact of trade law, and European and international market regulation.Table of ContentsIntroduction; 1. EU process-based measures; 2. Member state process-based measures as restrictions on the free movement of goods; 3. Extraterritoriality within the free movement of goods; 4. Unilateralism within the free movement of goods; 5. Process-based measures and EU competition law; Conclusion; Bibliography; Index.
£94.50
Cambridge University Press Hunting Justice
Book SynopsisThis book presents a long-term study of the activist campaign that contested the Botswana government''s much-publicized removal of the San and Bakgalagadi people from the Central Kalahari Game Reserve. Sapignoli''s multiple points of observation and analysis range from rural Botswana to the nation''s High Court, and a variety of United Nations agencies in their Headquarters, focusing on rights claimants and officials from NGOs, states and the United Nations as they acted on the grievances of those who had been displaced. In offering a comprehensive discussion of the San people and their claims-making through formal institutions, this book maintains a consistent focus on the increased recourse to law and the everyday experience of those who are asserting their rights in response to the encroachments of the state and the opportunities inherent in new indigenous advocacy networks.Trade Review'The legal battle waged by the San to defend their livelihoods from a history of dispossession has made their remote villages in the Central Kalahari into an epic battle-ground for elemental human rights and values. Sapignoli's meticulous account of this contest makes plain the complex mix of actors or interests in play, the daunting odds - and ever-present threat of appropriation - arraigned against her beleaguered litigants. Yet she mounts a compelling case against too simple a dismissal of the uses of insurgent lawfare: the San hunt for justice was no simple victory; but it has reshaped them as legal subjects, enabling new visions of entitlement and possibility.' John Comaroff and Jean Comaroff, Harvard University, Massachusetts'The book by Maria Sapignoli is a valuable contribution to the study of activism and social justice in Africa. Starting with the San case, the ethnographic research on which this volume is based has involved, in a creative and original way, the Kalahari villages, local NGOs, the Botswana High Court, and United Nations meetings. It is rigorous and exemplary in demonstrating the importance of comparative and multi-sited analysis, rich in generative ideas and theoretical connections that are useful for understanding the wider issues of indigenous rights, beyond the case in question.' Stefano Allovio, University of Milan'Invaluable contribution to debates on the indigenous legal turn. A powerful account of landmark litigation by San plaintiffs against Botswana after being forcibly evicted from the Kalahari. But as Maria Sapignoli explains, even a successful verdict does not ensure a favorable outcome, and may prolong rather than conclude their interactions with the legal system.' Stuart Kirsch, University of Michigan'Hunting Justice is a well-conceived, beautifully argued, and innovative study of a southern African indigenous peoples' social justice movement. In this momentous book, Maria Sapignoli assesses human rights, law and law-making, from global, regional, national and local perspectives. Places range from the United Nations to Botswana and small communities in the Central Kalahari Game Reserve. Drawing on court records and her own long-term fieldwork, Sapignoli focuses particular attention on the perspectives of the San and Bakgalagadi who have fought long and hard to retain their existence there and to have their rights to resources and livelihoods of their choice recognized in an African state.' Robert K. Hitchcock, University of New Mexico, and member of the board of Kalahari Peoples Fund'Sapignoli's book gives an excellent account of the complexities in the CKGR claim. It is also full of astonishing detail and up to date.' Alan Barnard, Emeritus Professor of Anthropology, University of Edinburg'As indigenous peoples gain greater visibility in their demands for recognition and rights, a book detailing the situation of injustice faced by the San (Bushmen) of Botswana and how they took their claims to the national courts and the UN is a truly welcome contribution. In Sapignoli's meticulous and superbly evocative account, we are given an insider's story of how an ignored and abused people fought against expulsion from their homelands and took their cause internationally.' Julian Burger, University of Essex, and Former Coordinator, Programme on Indigenous Peoples and Minorities, UN Office of the High Commissioner for Human RightsTable of Contents1. Introduction; 2. Unsettling the Central Kalahari; 3. The 'bushman problem'; 4. Getting organized: the social lives of San NGOs; 5. The San in the United Nations; 6. The court; 7. After judgment; 8. Litigating for a way of life; 9. Conclusions.
£67.45
Cambridge University Press International Law Reports Volume 168
Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 168 reports on, amongst others, the 2012 judgment of International Court of Justice in Jurisdictional Immunities of the State (Germany v. Italy) and related decisions from Belgium, Brazil, Italy, Poland and Slovenia, the 2014 judgment of European Court of Human Rights in Jones v. United Kingdom and Judgment No. 238/2014 of the Italian Constitutional Court.Table of Contents1. Jurisdictional Immunities of the State (Germany v. Italy: Greece intervening) [INTERNATIONAL COURT OF JUSTICE]; 2. Jones and Others v. United Kingdom (Application Nos 34356/06 and 40528/06) [EUROPEAN COURT OF HUMAN RIGHTS (Fourth Section)]; 3. Li and Others v. Zhou and Attorney General of the Commonwealth ([2013] NSWSC 12) (New South Wales Supreme Court) ([2014] NSWCA 176) (NSW Court of Appeal) [AUSTRALIA]; 4. Botelberghe v. German State Court of First Instance of Ghent [BELGIUM]; 5. Barreto v. Federal Republic of Germany, Federal Court, Rio de Janeiro [BRAZIL]; 6. Federal Republic of Germany and Another v. Mantelli and Others (Order No 14201) Supreme Court of Cassation [ITALY]; 7. Public Prosecutor v. Lozano (31171/2008) Court of Cassation (First Criminal Department) [ITALY]; 8. Milde v. Public Prosecutor (Judgment No 1263/08) Court of Cassation (First Criminal Section) [ITALY]; 9. Frascà v. Federal Republic of Germany (29352/2010; Serial No. 4284) Court of Cassation (Combined Civil Division) [ITALY]; 10. Judgment No 238/2014 (Constitutional Court) [ITALY]; 11. Natoniewski v. Federal Republic of Germany Supreme Court of Poland [POLAND]; 12. Case No Up-13/99 (Constitutional Court) (On the constitutional complaint of A. A. of Ž.) [SLOVENIA]; 13. Minister of Justice and Constitutional Development and Others v. Southern Africa Litigation Centre and Others (Case no 867/15) [2016] ZASCA 17 (The Supreme Court of Appeal of South Africa) [SOUTH AFRICA]; 14. HRH Prince Abdul Aziz bin Fahd bin Abdul Aziz v. Harb ([2015] EWCA Civ 481) (Court of Appeal, Civil Division) [UNITED KINGDOM, ENGLAND].
£190.95
Cambridge University Press Courts and Democracies in Asia
Book SynopsisWhat is the relationship between the strength of a country''s democracy and the ability of its courts to address deficiencies in the electoral process? Drawing a distinction between democracies that can be characterised as ''dominant-party'' (for example Singapore, Malaysia, and Hong Kong), ''dynamic'' (for example India, South Korea, and Taiwan), and ''fragile'' (for example Thailand, Pakistan ,and Bangladesh), this book explores how democracy sustains and is sustained by the exercise of judicial power. In dominant-party systems, courts can only pursue ''dialogic'' pathways to constrain the government''s authoritarian tendencies. On the other hand, in dynamic democracies, courts can more successfully innovate and make systemic changes to the electoral system. Finally, in fragile democracies, where a country regularly oscillates between martial law and civilian rule, their courts tend to consistently overreach, and this often facilitates or precipitates a hostile take-over by the armedTrade Review'Po Jen Yap's new book is a must-read in the growing literature on the role of constitutional courts in democratic stabilization. Its fine-grained analyses demonstrates that the political power and vulnerability of courts in protecting democratic processes as well as their own independence is not fixed or prescribable in the abstract, but varies with the state of democratization and party contestation in which they operate.' Stephen Gardbaum, MacArthur Foundation Professor of International Justice and Human Rights, University of California, Los Angeles'A fascinating tour through the fraught relations between courts and political power. Professor Yap provides a nuanced account of how constitutional courts in Asia balance precariously between semi-authoritarian dominant regimes and the live wire of electoral politics. A magnificent, sophisticated contribution that enriches our understanding of judicial politics in an era of weak democratic institutions.' Samuel Issacharoff, Reiss Professor of Constitutional Law, New York University'Po Jen Yap's analysis of the role of Asian courts in three types of democracies illuminates how the possibilities for effective judicial action in connection with major political issues varies according to the type of democracy in which the courts are located. It is an important contribution to the project of integrating comparative constitutional law with comparative political studies.' Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University, Massachusetts'Professor Yap's elegant, concise book is an important contribution to comparative constitutional studies … Yap's book is a major advance in integrating Asian constitutionalism into comparative constitutionalism more generally and into the comparative law of democracy in particular.' Richard H. Pildes, ICONTable of Contents1. Introduction; Part I. Dominant-Party Democracies: 2. Supreme Court of Singapore and the promise of enforceable constitutional conventions; 3. Malaysian courts and electoral fraud; 4. Hong Kong Courts and constitutional contradictions; Part II. Dynamic Democracies: 5. Supreme Court of India and criminality in politics; 6. Constitutional court of Taiwan and calibrated judicial review; 7. Constitutional court of Korea and systemic electoral barriers; Part III. Fragile Democracies: 8. Constitutional court of Thailand and partisan judges; 9. Supreme Court of Pakistan: accommodation and defiance of military authority; 10. Supreme Court of Bangladesh and defensive judicial review; Part IV. Democratic Values and Courts in Comparative Perspective: 11. Democratic values and the conundrum of unconstitutional constitutional amendments; 12. Conclusion; Bibliography; Index.
£99.75
Cambridge University Press International Law Reports Volume 169 International Law Reports Series Number 169
Book SynopsisDecisions of international courts and arbitrators, as well as judgments of national courts, are fundamental elements of modern public international law. The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of such decisions. It is therefore an absolutely essential work of reference. Volume 169 reports on, amongst others, the 2015 Arbitration Award on Jurisdiction and Admissibility in Philip Morris Asia Limited v. Commonwealth of Australia, the 2012 judgment of International Court of Justice in Territorial and Maritime Dispute (Nicaragua v. Colombia) and the 2014 and 2015 Canadian judgments of Supreme Court and Court of Appeal of British Columbia in United Mexican States v. British Columbia (Labour Relations Board) regarding State immunity.Table of Contents1. Territorial and Maritime Dispute (Nicaragua v. Colombia) [INTERNATIONAL COURT OF JUSTICE]; 2. Philip Morris Asia Limited v. Commonwealth of Australia [ARBITRATION TRIBUNAL, UNCITRAL]; 3. Castle v. United States Department of Justice (Attorney-General) (Ontario Court of Appeal) [CANADA]; 4. Amaratunga v. Northwest Atlantic Fisheries Organization (2013 SCC 66) (Supreme Court) [CANADA]; 5. United Mexican States v. British Columbia (Labour Relations Board) (2014 BCSC 54) (British Columbia, Supreme Court) (2015 BCCA 32) (British Columbia Court of Appeal) [CANADA]; 6. United States of America v. State of Alaska (Supreme Court) [UNITED STATES OF AMERICA].
£190.95
Cambridge University Press Comparative Takeover Regulation
Book SynopsisWhile Western economies generally display dispersed shareholding in listed companies, Asian economies commonly have concentrated shareholding also in publicly listed companies. The principal analysis in Comparative Takeover Regulation relates to the role of takeover regulation in different economies. In the Asian context, the nature of takeover regulation may necessitate a different approach, with greater emphasis on the mandatory bids and disclosure of substantial shareholding. The likelihood of hostile takeovers will be minimal. It is these differences among various jurisdictions that strike at the heart of Varottil and Wan''s new work. Ideal for educational institutions that teach corporate law, corporate governance, and mergers and acquisitions, as well as for law firms, corporate counsel and other practitioners, Comparative Takeover Regulation provides students and scholars with brand new analysis of this increasingly important field of study.Trade Review'Wai Yee Wan and Umakanth Varottil have done an invaluable service by collecting a comparative study of Asian takeover law as well as a volume which examines the theoretical underpinnings of takeover law itself. The essays are practical while also providing a thorough and intelligent study of the variety of Asian takeover law. Practitioners will find this volume an invaluable resource while academics in this area will find that this is the 'must read' book for use in their research.' Steven Davidoff Solomon, University of California, Berkeley and The Deal Professor for The New York Times'Comparative Takeover Regulation: Global and Asian Perspectives is a welcome addition to the study of comparative takeover regulation. The chapters in the collection are theoretically and empirically informed and clearly advance our understanding of takeover regulation in multiple Asian jurisdictions. In particular, the chapters in the collection provide a very useful analysis of the nature and operation of takeover regulation in the jurisdictions covered in the book, and provide real insight into varied drivers and effects of regulatory transplants in these jurisdictions. The chapters in the book will quickly find their way onto takeover regulation reading lists.' David Kershaw, London School of Economics and Political Science'A pathfinding international collaboration on a map for the uncharted territory of takeover regulation in Asia, this book demonstrates comparative corporate law scholarship at its best, displaying, with a high degree of sensitivity and sophistication, the subtle interplay among law, politics and economics. It will surely serve as an indispensable stepping stone for those who aspire to grasp regulatory issues on takeovers in major Asian jurisdictions from a global and systematic perspective.' Kon Sik Kim, Professor and Dean Emeritus, Seoul National University School of Law'This book is bound to become a standard reference for readers interested in comparative takeover regulation, as it provides a better understanding about M&A in Asia. It poses intriguing questions for scholars and practitioners, such as how Asian countries differ from their Western peers, and how transplantation has led to a wealth of variations. This fascinating volume addresses them by delineating the takeover dynamics in eight Asian jurisdictions, and provides us with a series of compelling answers. Through joint efforts, not only are nuances and evolutions explained convincingly, but also the legal origins analysis is put under reconsideration.' Guo Li, Professor and Vice Dean, Peking University Law School'… destined to become both a useful reference source for practitioners and scholars who work in the area of takeover regulation, as well as a source of inspiration for further research in this increasingly important area of regulation in Asia.' Andrew Godwin, Australian Journal of Asian LawTable of ContentsPart I. Theoretical and Empirical Understanding of Takeover Regulation: 1. Comparative takeover regulation: the background to connecting Asia and the West Umakanth Varottil and Wai Yee Wan; 2. Deal structure and minority shareholders Afra Afsharipour; 3. The transactional scope of takeover law in comparative perspective Paul Davies; 4. A comparative analysis of the regulation of squeeze outs and going private transactions Vikramaditya Khanna; 5. Assessing the performance of takeover panels: a comparative study Emma Armson; 6. The biases of an 'unbiased' optional takeovers regime: the mandatory bid threshold as a reverse drawbridge Johannes W. Fedderke and Marco Ventoruzzo; Part II. Asian Jurisdictions: 7. Takeover regulation in China: striking a balance between takeover contestability and shareholder protection Robin Hui Huang and Juan Chen; 8. The enigma of hostile takeovers in Japan: bidder beware Dan W. Puchniak and Masafumi Nakahigashi; 9. M&As in Korea: continuing concern for minority shareholders Hyeok-Joon Rho; 10. Takeover laws and practices in Taiwan: recent developments and future prospects Claire Te-fang Chu; 11. The nature of the market for corporate control in India Umakanth Varottil; 12. Evolutionary development in Hong Kong of transplanted UK-origin takeover rules David C. Donald; 13. Legal transplantation of UK-style takeover regulation in Singapore Wai Yee Wan; 14. The regulation of takeovers and mergers in Malaysia Mushera Ambaras Khan; 15. Concluding observations and the future of comparative takeover regulation Umakanth Varottil and Wai Yee Wan.
£999.99
Cambridge University Press International Negotiation
Book SynopsisEvangelos Raftopoulos explores international negotiation as a structured process of relational governance that generates international common interest between and among international participants and in relation to the international public order. He challenges prescriptive models of negotiation - developed in international relations and positivistic approaches to international law, which artificially separate treaties from negotiation in the name of ''objectivity'' - and opens a window for looking at international negotiations from a novel, international law perspective. Using an interdisciplinary approach that incorporates law, philosophy, politics, and linguistics, he proposes a holistic, theoretical model of multilateral international negotiation that not only offers a ''subjective'' view of international law in practice but also demonstrates the importance of understanding the horizontal normativity of international ordering. This work should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone else interested in international law and international relations.Trade Review'Raftopoulos challenges scholars of international relations and international law to think of the treaty process as an integrated set of interim, subjective practices. He promotes a relational theory that treats the links between negotiations and treaties as an ongoing process of promoting global welfare. His approach goes well beyond conventional strategic power based theories of international relations and static positive theories by international lawyers about the nature of multilateralism itself.' Peter M. Haas, University of Massachusetts, Amherst'When I was involved in negotiations for drafting treaties, I often had the feeling that the negotiators, rather than putting forward particular positions, were called to define an international common interest and to envisage a regime subject to future governance and re-negotiation. This book goes beyond feelings and subjects the process of building international common interests to a rigorous analysis within a solid theoretical approach.' Tullio Scovazzi, University of Milano-Bicocca, MilanProfessor Evangelos Raftopoulos presents a new and welcome perspective on the international negotiation process. Without doubt this in-depth and thought-provoking study of international negotiations of legal instruments will generate much discussion as he takes the reader through the matrix of the international negotiation process through both an intellectual and pragmatic lens. Professor Raftopoulos demonstrates his extensive knowledge of the complexities and intricacies of international negotiations in this masterfully written book.' Nilufer Oral, Istanbul Bilgi University and Member of the UN International Law Commission'Negotiations are traditionally perceived as belonging to the realm policy; the frequent end result of it, treaties, as belonging to the realm of law. This interesting and innovative study by a leading Greek international law scholar brings both strands together in the analysis as to how they contribute to the crystallization of international common interest.' Robert Kolb, University of Geneva'As a colleague of Professor Evangelos Raftopoulos, I would like to express my satisfaction that Cambridge University Press is publishing his book entitled International Negotiation: A Process of Relational Governance to International Common Interest. Although it is not evident from the title of this forthcoming book and the one that I received from Professor Raftopoulos many years ago, there are many problems and principles of public international law that form the basis of the content of both books. The title of the former book of Professor Raftopoulos that I mentioned is The Inadequacy of the Contractual Analogy in the Law of Treaties published in 1990. I congratulate Professor Raftopoulos for adding the interesting new book of the Greek Professor to the fundamental literature of international law.' Budislav Vukas, University of Zagreb'The South China Sea arbitration … is so far the first attempt by a claimant State in the South China Sea to resort the dispute to a third party forum … (and) it does not make a desired contribution to resolving the real dispute … Nevertheless, it does motivate China and ASEAN to speed up the negotiation on the consultation of the Code of Conduct. Raftopoulos' book, viewing international negotiation as a process of relational governance based on the analytical framework of international common interest, will shed light on countries who are in favor of preference for negotiation in managing international disputes. The book generates much discussion on the matrix of the international negotiation process through both an intellectual and pragmatic lens, and should be read by academics and practitioners of international law and negotiations, officials of international organizations, and anyone interested in the interdisciplinary study of international law and international relations.' Dr Nong Hong, Ocean YearbookTable of ContentsPart I. Theoretical Approaches to International Negotiations and International Common Interest; Section 1. The 'Theorization' of International Negotiation; Part II. The Negotiation Phases in the Conventional Construction of International Common Interest; Section 3. The Pre-Negotiation Phase as a Process of Transformative Governance.
£100.00
Cambridge University Press The Regionalisation of Competition Law and Policy within the ASEAN Economic Community
Book SynopsisThis edited volume of essays examines a wide range of issues related to the regionalisation of competition policy in South East Asia, where the ten member states of ASEAN have launched the ASEAN Economic Community (AEC). Written by a diverse group of academics, practitioners and policy-makers, this book explore issues such as the role of competition policy in facilitating the market-integration ambitions of the ASEAN member states, the challenges arising from divergences in the national competition law regimes of the ASEAN member states, and the absence of a supranational legal framework and the future of competition policy in light of the AEC Blueprint 2025. Given the nexus between regional competition policy and regional market integration, this book will be of particular interest to lawyers, economists and policymakers working in the fields of competition law and regional trade law.Trade Review'ASEAN recognises the importance of effective competition regimes in its member states so as to build a competitive, innovative and dynamic economic community. This book has never been more timely and Burton Ong has assembled a team of global competition law scholars to help ASEAN chart its growth towards the ASEAN Economic Blueprint 2025.' Toh Han Li, Chief Executive, Competition Commission of SingaporeTable of Contents1. Competition law and policy in the ASEAN region: origins, objectives and opportunities Burton Ong; 2. Regionalisation of competition law and policy in ASEAN: why, how, and when? Wan Khatina Nawawi; 3. Diversity in national competition laws in the ASEAN region and the resulting challenges for businesses operating in the region Corinne Chew; 4. Competition law, state-owned enterprises and regional market integration in ASEAN Pornchai Wisuttisak and Cheong May Fong; 5. Can ASEAN achieve a single market with national-only competition law? Eleanor M. Fox; 6. Models of regional cooperation in competition law and policy from around the world: lessons for the ASEAN region G. Deniz Both; 7. The transplantability of the EU's competition law framework into the ASEAN region Josef Drexl; 8. Convergence and divergence within the EU's supranational competition law framework: norms, enforcement rules and prioritisation in the UK and Ireland Barry J. Rodger and Mary Catherine Lucey; 9. Antitrust appraisal of vertical agreements in the ASEAN economic community: proposals for a more harmonised approach Alison Jones; 10. Application of competition law to public services: the EU experience, the ASEAN approach and implications for regional integration in ASEAN Andrea Gideon; 11. Developing regional competition policy for ASEAN in the telecommunications sector John Townsend.
£105.45
Cambridge University Press Core SocioEconomic Rights and the European Court of Human Rights
Book SynopsisCore Socio-Economic Rights and the European Court of Human Rights deals with socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR). The book connects the ECtHR's socio-economic case law to an understanding of the Court's responsibility to recognize the limitations of supranational rights adjudication while protecting the most needy. By exploring the idea of core rights protection in constitutional and international law, a new perspective is developed that offers suggestions for improving the ECtHR's reasoning in socio-economic cases as well as contributing to the debate on indivisible rights adjudication in an age of 'rights inflation' and proportionality review. Core Socio-Economic Rights and the European Court of Human Rights will interest scholars and practitioners dealing with fundamental rights and especially those interested in judicial reasoning, socio-economic and supranational rights protection.Table of ContentsIntroduction; Part I. Setting the Stage: 1. The ECHR and socio-economic rights protection; 2. Making sense of ECtHR's socio-economic protection; 3. The stages of fundamental rights adjudication; Part II. Core Rights Protection: 4. Core rights as limits to limitations; 5. Minimum cores and the scope of fundamental rights; 6. Core socio-economic content; Part III. Core Socio-Economic Rights and the ECtHR: 7. A core rights perspective for the ECtHR; 8. Core socio-economic rights in the case law of the ECtHR; Conclusion.
£95.00
Cambridge University Press A Sociology of Justice in Russia
Book SynopsisIs the Russian justice system actually as unreliable, ineffective and corrupt as we are led to believe? This volume identifies a number of tensions in the everyday life experiences of justice that illuminate some of the less obvious layers of Russian legal tradition.Trade Review'A Sociology of Justice in Russia is the most analytically sophisticated and empirically rich volume ever produced on the everyday operation of the Russian legal system. While not ignoring the pathologies of Russian law that are widely covered in the Western press, this work highlights the ways in which ordinary Russian citizens seek - and often find - justice in their legal institutions. A Sociology of Justice in Russia is an essential read for all students of comparative law.' Eugene Huskey, William R. Kenan, Jr, Professor of Political Science, Stetson University, Florida'Based on solid empirical research, this valuable collection offers many insights into contemporary Russian legal culture and its continuing lack of institutional and professional autonomy. As case studies in different Russian courts suggest, it is what the editors call 'administerial justice' that is available for matters such as human trafficking, migration cases, defamation and criminal law. Despite the difficulties, Russian citizens increasingly seek to find ways to obtain justice through legal means.' David Nelken, King's College London'Rooted in an analysis which carefully considers a mixture of historical, social and political factors, this book provides a nuanced understanding of legal developments in post-Soviet Russia.' Paul Chaisty, University of Oxford'In conclusion, this excellent collection demonstrates … that adherence to the 'Western rule of law yardstick' seems to offer the best route to improving justice systems not only in the West, but also in Russia.' Simon Cosgrove, Europe-Asia StudiesTable of Contents1. An introduction to the sociology of justice in Russia Marina Kurkchiyan and Agnieszka Kubal; 2. The professionalisation of law in the context of the Russian legal tradition Marina Kurkchiyan; 3. To go to court or not? The evolution of disputes in Russia Kathryn Hendley; 4. The everyday experiences of Russian citizens in Justice of the Peace Courts Varvara Andrianova; 5. In search of justice: migrants' experiences of appeal in the Moscow City Court Agnieszka Kubal; 6. When business goes to Court: Arbitrazh Courts in Russia Timur Bocharov and Kirill Titaev; 7. Journalists, judges and state officials: how Russian courts adjudicate defamation lawsuits against the media Maria Popova; 8. Accusatorial bias in Russian criminal justice Peter H. Solomon, Jr; 9. Decision-making in the Russian criminal justice system: investigators, procurators, judges and human trafficking cases Lauren McCarthy; 10. The Richelieu effect: the Khodorkovsky case and political interference with justice Jeffrey Kahn; 11. Administerial justice: concluding remarks on the Russian legal tradition Marina Kurkchiyan and Agnieszka Kubal.
£90.00
Cambridge University Press Building a Treaty on Business and Human Rights
Book SynopsisThe calls for an international treaty to elaborate the human rights obligations of transnational corporations and other business enterprises have been rapidly growing, due to the failures of existing regulatory initiatives in holding powerful business actors accountable for human rights abuses. In response, Building a Treaty on Business and Human Rights explores the context and content of such a treaty. Bringing together leading academics from around the world, this book engages with several key areas: the need for the treaty and its scope; the nature and extent of corporate obligations; the role of state obligations; and how to strengthen remedies for victims of human rights violations by business. It also includes draft provisions for a proposed treaty to advance the debate in this contentious area and inform future treaty negotiations. This book will appeal to those interested in the fields of corporate social responsibility, and business and human rights.Table of ContentsIntroduction: putting flesh on the bone: what should a business and human rights treaty look like? David Bilchitz; Part I. Need for an International Treaty in a Historical Context: 1. Lessons from the UN Centre on transnational corporations for the current treaty initiative Khalil Hamdani and Lorraine Ruffing; 2. The value-added of a treaty to regulate transnational corporations and other business enterprises: moving forward strategically Penelope Simons; 3. Coherence, mutual assurance the rationale for a treaty Sheldon Leader; Part II. Principles and Politics Shaping the Treaty's Contours: 4. Principle and pragmatism in the elaboration of a comprehensive treaty on business and human rights Larry Catá Backer; 5. The need for a treaty: expectations on counter-hegemony and the role of civil society Daniel Maurício de Aragão and Manoela Carneiro Roland; 6. Scope of the proposed business and human rights treaty: navigating through normativity, law and politics Surya Deva; Part III. Nature and Extent of Corporate Human Rights Obligations: 7. Corporate obligations and a treaty on business and human rights: a constitutional law model? David Bilchitz; 8. Human rights, responsibilities, and due diligence: key issues for a treaty Robert McCorquodale and Lise Smit; 9. Human rights and global supply chains: is effective supply chain accountability possible? Justine Nolan; 10. Legalizing human rights due diligence and the separation of entities principle Radu Mares; Part IV. Role of States in Enforcing Human Rights Obligations: 11. Human rights legal liability for business enterprises: the role of an international treaty Carlos Lopez; 12. Regulatory obligations in a complex world: States' extraterritorial obligations related to business and human rights Sigrun Skogly; 13. The impact of a business and human rights treaty on investment law and arbitration Peter Muchlinski; Part V. Improving Access to Remedies for Victims: 14. Access to remedy: treaty talk and the terms of a new accountability accord Erika George and Lisa J. Laplante; 15. Making remedies work: envisioning a treaty-based system of effective remedies Beth Stephens; 16. The potential role of criminal law in a business and human rights treaty Shane Darcy; Conclusion: connecting the dots: how to capitalise on the current high tide for a business and human rights treaty Surya Deva.
£154.00
Cambridge University Press Defying Convention
Book SynopsisThe Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) articulates what has now become a global norm. CEDAW establishes the moral, civic, and political equality of women; women''s right to be free from discrimination and violence; and the responsibility of governments to take positive action to achieve these goals. The United States is not among the 187 countries that have ratified the treaty. To explain why the United States has not ratified CEDAW, this book highlights the emergence of the treaty in the context of the Cold War, the deeply partisan nature of women''s rights issues in the United States, and basic disagreements about how human rights treaties work.Trade Review'Breaking with the conventions in political science that create stark distinctions between the study of domestic politics within nation-states and the study of international relations, Lisa Baldez takes a novel approach to the Convention to Eliminate All Forms of Discrimination against Women (CEDAW). Steeped in the literatures on international organizations, international law, US politics, and women and politics, Baldez demonstrates how the use of gender as an analytical category complicates what is thought to be known about the creation and ratification of international conventions, the status of women in the world over the past half century, and the central cleavages in national politics in both the United States and Chile. This book is thoroughly researched and clearly written, and it covers ground that has not been addressed previously. Baldez's approach is both thought-provoking and provocative.' Mary Hawkesworth, Rutgers, The State University of New Jersey'This is a lively and important book on an understudied topic, which makes valuable theoretical insights in international relations while providing rich data on CEDAW as a case study of a human rights treaty. Using the puzzling case of US non-ratification of CEDAW, Lisa Baldez convincingly argues that by all rights, the United States should have ratified CEDAW, given that the costs of doing so would be low and the norms embodied in the treaty are rhetorically consistent with US political values. Using fascinating primary sources, Baldez's analysis of the domestic and international obstacles to ratification brings the insights of comparative politics and international relations together in an original way.' Valerie Sperling, Clark University'… Baldez offers a detailed historical account of the multi-faceted arguments regarding CEDAW's ratification, and sheds much needed light on the extent to which women's rights engage competing interests and conflicting agendas domestically and internationally. Finally, by tracing the sources of deep-seated opposition to CEDAW, and illustrating that the United States' failure to ratify results in compromised human rights protections for American women, Baldez illustrates just how necessary CEDAW is as a convention to enshrine women's rights as global norms.' Wendy O'Brien, Academic Council on the United Nations System (www.acuns.org)Table of Contents1. Introduction; 2. A scaffolding for women's rights, 1945–70; 3. Geopolitics and the drafting of CEDAW; 4. An evolving global norm of women's rights; 5. CEDAW impact: process, not policy; 6. Why the United States has not ratified CEDAW; 7. CEDAW and domestic violence law in the United States?; 8. Conclusions.
£999.99
Cambridge University Press AntiImpunity and the Human Rights Agenda
Book SynopsisIn the twenty-first century, fighting impunity has become both the rallying cry and a metric of progress for human rights. The new emphasis on criminal prosecution represents a fundamental change in the positions and priorities of students and practitioners of human rights and transitional justice: it has become almost unquestionable common sense that criminal punishment is a legal, political, and pragmatic imperative for addressing human rights violations. This book challenges that common sense. It does so by documenting and critically analyzing the trend toward an anti-impunity norm in a variety of institutional and geographical contexts, with an eye toward the interaction between practices at the global and local levels. Together, the chapters demonstrate how this laser focus on anti-impunity has created blind spots in practice and in scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.Trade Review'This is an exceptional edited volume. Whereas most edited volumes, unfortunately, do not go beyond collecting various perspectives on a theme, this book presents a clear argument: the anti-impunity turn in human rights law is not a linear development of progress and can have dangerous consequences. In setting forth these consequences, and analysing alternatives to the modus of criminal justice that the anti-impunity struggle has chosen as its preferred instrument, the book offers avenues towards richer and thicker conceptions and experiences of justice.' Sarah Nouwen, Co-Deputy Director of the Lauterpacht Centre for International Law, University of Cambridge'This is the first sustained analysis of the 'anti-impunity' norm and discourse associated with the human rights movement. At the center of the project is the ambition to make the familiar strange and to expose taken-for-granted assumptions and identifications to critical scrutiny in a way that poses a powerful challenge to norms that frame contemporary international politics and interventions. … This book should be of great interest to a wide audience of scholars and policymakers. It articulates a direct rejoinder to what remains the dominant or conventional view among human rights scholars regarding the anti-impunity norm, while charting the path to a broader debate on the role of the human rights movement more generally.' Bronwyn Leebaw, University of California, Riverside'An urgent question of political strategy drives this extraordinary collection: when should people of good heart embrace the national or international machinery of government, prosecution and punishment? And when should they resist, seek alternate paths to justice, speak truth to the power of the state or the international community? The human rights movement offers a half-century case study, shifting sharply from international calls for 'amnesty' when states abuse their penal authority to a full-bore embrace of criminal punishment and 'no impunity.' To figure out what happened, what worked and what didn't, the editors have curated a discussion among our most reflective and engaged scholars of international law, writing at their best. The result is challenging and surprising: crucial reading for anyone thinking strategically about ethics and global justice.' David Kennedy, Manley O. Hudson Professor of Law, Harvard Law School, Massachusetts'Put simply, the turn to criminal repression of international human rights law is one of the most intriguing global legal developments of the last decades. Anti-Impunity and the Human Rights Agenda not only does a great job of showing how dominant a move this has become, it also spares no effort in showing how contested, ambiguous, productive, and paradoxical that move is. A welcome problematization of what has become one of the great obsessions of our times.' Frédéric Mégret, McGill University, Montréal'They conclude that a laser focus on anti-impunity has created blind spots in both practice and scholarship that result in a constricted response to human rights violations, a narrowed conception of justice, and an impoverished approach to peace.' Law and Social InquiryTable of ContentsIntroduction; Part I. What Does Anti-Impunity Mean?: 1. A genealogy of the criminal turn in human rights Karen Engle; 2. Anti-impunity as deflection of argument Samuel Moyn; 3. Doing history with impunity Vasuki Nesiah; Part II. How and Where Does Anti-Impunity Operate?: 4. The South African Truth Commission and the AZAPO case: a reflection almost two decades later D. M. Davis; 5. Anti-impunity politics in post-genocide Rwanda Zinaida Miller; 6. Whose exceptionalism? Debating the inter-American view on amnesty and the Brazilian case Fabia Fernandes Carvalho Veçoso; 7. The distributive politics of impunity and anti-impunity: lessons from four decades of Colombian peace negotiations Helena Alviar García and Karen Engle; 8. From political repression to torturer impunity: the narrowing of Filártiga v. Peña-Irala Natalie R. Davidson; Part III. Are There Alternatives to Anti-Impunity?: 9. Impunity in a different register: people's tribunals and questions of judgment, law and responsibility Dianne Otto; 10. Beyond Nuremberg: the historical significance of the post-Apartheid transition in South Africa Mahmood Mamdani.
£999.99
Cambridge University Press Women and Justice for the Poor
Book SynopsisThis book re-examines fundamental assumptions about the American legal profession and the boundaries between ''professional'' lawyers, ''lay'' lawyers, and social workers. Putting legal history and women''s history in dialogue, it demonstrates that nineteenth-century women''s organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for thTrade Review'Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative.' Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan'By tracking legal aid through the winding corridors of urban social institutions, Batlan gives us evocative insights into gender, reform, capitalism, and lawyering in a cogent and fascinating historical account. Her erosion of lay and professional boundaries, demonstrated by women's contribution to legal aid and the pragmatic relief they provided to underprivileged clients, illuminates the value of using gender to frame the story.' Norma Basch, Professor Emeritus, Rutgers University'In a remarkably original social/legal history, Batlan is asking readers to rethink what lawyering has meant and could mean. And when you ask 'outside the box' questions, you come up with surprising answers. This book can help us understand why law today can be far from justice.' Linda Gordon, Florence Kelley Professor of History, New York University'Women and Justice for the Poor presents research that is definitely worth reading. Batlan succeeds in exploiting science history to show convincingly how women played a significant role in legal aid history.' Marianne Vasara-Aaltonen, KirjallisuuttaTable of ContentsIntroduction; Part I. A Female Dominion of Legal Aid, 1863–1910: 1. The origins of legal aid; 2. The Chicago experience: the maturation of women's legal aid; Part II. The Professionalization of Legal Aid, 1890–1921: 3. Of immigrants, sailors, and servants: the Legal Aid Society of New York; 4. Reinventing legal aid; Part III. Dialogues: Lawyers and Social Workers, 1921–45: 5. Constellations of justice; 6. Compromises; Conclusion.
£25.64
Cambridge University Press Intimations of Global Law
Book SynopsisA strain of law reaching beyond any bounded international or transnational remit to assert a global jurisdiction has recently acquired a new prominence. Intimations of Global Law detects this strain in structures of international law claiming a planetary scope independent of state consent, in new threads of global constitutional law, administrative law and human rights, and in revived notions of ius gentium and the global rule of law. It is also visible in the legal pursuit of functionally differentiated global public goods, general conflict rules, norms of ''legal pluralism'' and new legal hybrids such as the global law of peace and humanity law. The coming of global law affects how law manifests itself in a global age and alters the shape of our legal-ethical horizons. Global law presents a diverse, unsettled and sometimes conflicted legal category, and one which challenges our very understanding of the rudiments of legal authority.Table of Contents1. Why global law?; 2. Taking law to the world; 3. Seven species of global law; 4. The circuit of global law; 5. Intimations of global law; 6. Confronting global law.
£31.34
Cambridge University Press Federal Intervention in American Police Departments
Book SynopsisOver the last twenty years, the federal government has used a little known statute to overhaul many of the nation's largest police departments, including those in Los Angeles, Chicago, Seattle, New Orleans, Washington, DC, and many more. This book provides the first empirical evaluation of how this reform process works.Table of ContentsIntroduction; 1. The problem of police misconduct; 2. The intervention era; 3. Federal intervention in action; 4. Possibilities and limitations; 5. Moving forward: improving oversight of local police.
£22.99
Cambridge University Press Handbook on Good Treaty Practice
Book SynopsisThis Handbook aims to provide practical guidance on good treaty practice. It presents a range of examples from the practice of several States and international organisations and explains the actions that need to be taken to create a new treaty, bring it into force, operate it, amend it and wind it up, on both the international and the domestic plane. It also explores what constitutes good treaty practice, and develops generic principles or criteria against which to evaluate these examples. It provides a useful analytical tool to enable each government and international organisation to identify and develop the best treaty practice for their circumstances, recognising that one size does not necessarily fit all. It will be of interest to those working with treaties and treaty procedures in governments, international organisations and legal practice, as well as legal academics and students wishing to gain insight into the realities of treaty practice.Trade Review'This Handbook is a collaborative effort by the authors to identify, through engagement with various stakeholders, the best practices in treaty-making. It is a comprehensive guide providing expertise on each stage of a treaty's lifespan including, reservation, ratification, amendments, etc. It condenses highly technical information into an accessible framework, making it an indispensable resource, not only for treaty experts, diplomats and administrators, but also lawyers, academics and students delving into the intricacies of treaty practice.' Gabrielle Marceau, Université de Genève and the World Trade Organization Senior Counsellor'This Handbook will be of great practical importance. It does not just assemble rules, practices and clauses in order to illustrate the life of international treaties. It delivers much more: it is a Manual on good treaty practice, designed to educate those in the front line of treaty work on how to handle everything they might come across in their job not only in a correct, but in an optimal way. The scope and depth of the Handbook are truly impressive without being intimidating; the language is clear and the many examples are well-chosen. The work lives up to the – Plato – standard it itself sets for treaty practice: professional, legal, assured, transparent, organised.' Bruno Simma, Former Member of the International Law Commission and of the International Court of Justice, Judge at the Iran-United States Claims Tribunal (The Hague)'This remarkable book provides a unique and insightful account of all aspects of treaty practice and as such will not only be essential reading for government officials whose work relates to treaties, but will also be of considerable interest to international law practitioners and academics.' Dan Sarooshi, Essex Court Chambers and University of Oxford'Treaty law is a very important component of international law. Diplomats, government legal advisers and legal practitioners are frequently engaged in the process of making, interpreting and implementing treaties. They will find this Handbook an indispensable guide to good treaty practice.' Tommy Koh, Ambassador-at-Large, Ministry of Foreign Affairs, SingaporeTable of Contents1. Introduction to good treaty practice; 2. Organising treaty work in governments and international organisations; 3. Treaties and other kinds of international instruments; 4. Managing and using treaty collections; 5. Making a new treaty (negotiation, drafting, production); 6. Preparing to become party to a treaty; 7. Becoming party to a treaty – consent to be bound and entry into force; 8. Continuing engagement with the treaty throughout its life; 9. Ending treaty relations; 10. Future of treaty practice.
£44.64
Cambridge University Press Fighting Fair
Book SynopsisAlong with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law''s moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that ''litigation is war''. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair''s recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.Trade Review'If lawyers continue to insist that litigation is 'war' by other means, then it is critical that they move beyond the 'all is fair' caricature of the ethics of war that typically underpins this comparison. In this timely book, Allan Hutchinson turns the standard 'law is war' analogy on its head by challenging us to consider the implications of applying the complex and nuanced ethics of just war theory to the practice of adversarial litigation. The result is a novel and thought-provoking analysis that will start a badly needed debate about the content and scope of the ethics of 'just litigation' in a world in which we continue to hope that the rule of law will one day replace 'the rule of force'.' David B. Wilkins, Lester Kissel Professor of Law and Faculty Director, Center on the Legal Profession, Harvard University, Massachusetts'Fighting Fair offers a highly original and insightful analysis of contemporary legal ethics. Drawing on the metaphor that 'litigation is war', Allan Hutchinson measures lawyers' tactics by that standard and finds them lacking. Building on military ethics and theories of just war, this book challenges our conventional wisdom on lawyers' moral responsibility and offers an imaginative alternative.' Deborah L. Rhode, E. W. McFarland Professor of Law and Director, Center on the Legal Profession, Stanford University, CaliforniaTable of Contents1. An opening salvo; 2. The professional project; 3. A theoretical excursion; 4. The standard model; 5. Taking war ethically; 6. In the name of just ends; 7. Fighting fair; 8. Towards a just peace; 9. Not-so-final thoughts.
£32.32
Cambridge University Press Citizenship as Foundation of Rights
Book SynopsisCitizenship as Foundation of Rights explores the nature and meaning of American citizenship and the rights flowing from citizenship in the context of current debates around politics, including immigration. The book explains the sources of citizenship rights in the Constitution and focuses on three key citizenship rights - the right to vote, the right to employment, and the right to travel in the US. It explains why those rights are fundamental and how national identification systems and ID requirements to vote, work and travel undermine the fundamental citizen rights. Richard Sobel analyzes how protecting citizens'' rights preserves them for future generations of citizens and aspiring citizens here. No other book offers such a clarification of fundamental citizen rights and explains how ID schemes contradict and undermine the constitutional rights of American citizenship.Trade Review'I followed the stages of this book when it was in process and when it was completed for publication. At each time I saw it's importance. I was pleased to recognize that in the Foreword to the book. Now it is in hand. And current American politics make it an even more significant book for an understanding of the United States as a political and social system. The nature of Citizenship - its centrality in elections and in politics and society more generally - make it a crucial feature of American Democracy and the challenge it faces.' Sid Verba, Carl H. Pforzheimer University Professor, Harvard University'On November 8, 2016, the American electorate chooses between very different views of immigration policy, national security, the First, Second, Fourth and Fourteen Amendments, and other issues related to American citizenship and the rights and obligations flowing from that situation. Dr. Sobel makes timely and significant contributions to our understanding of the foundations and historical development of these issues. Citizenship as Foundation of Rights is an essential resource for an informed electorate, and it provides a meaningful framework for post-election analysis.' Edward Baskauskas, Golden Gate University School of Law, San Francisco'A powerful argument for the concept of citizenship and the rights associated with it.' Thomas E. Patterson, Bradlee Professor of Government and the Press, Harvard University, Massachusetts'A very good, incisive, well-written study. It is well worth spending the time to read, a fine book. The research is tops, information of high value for anyone inquisitive about citizenship matters. I could acclaim it to everyone.' Edward L. Deam, Professor Emeritus, University of Illinois, Chicago'The book … gives a concise and yet comprehensive overview of the basic rights that American citizenship provides, the basic concepts that have been incorporated into law in structuring American citizenship over time, and particularly today. So anyone looking for a clear and concise understanding of how American citizenship has been, or is currently legally constructed will find this book of great value. Another of the valuable things that [this relatively brief and therefore accessible] book does is, in mapping out rights of citizenship, [is] focusing primarily … on right to vote, right to travel, and right to work. There's more in the book, but even bringing these three together is a valuable … contribution since they're not all discussed as fundamental pillars of citizenship in many works. In particular, the right to travel is one that tends to have been treated as more marginal than it should have been, given its centrality in civil rights struggles in this country in particular periods, as Richard brings out.' Rogers Smith, 'Author Meets Critics', Midwest Political Science Association'Sobel['s] argument for empowering citizenship [is] that American citizenship is constituted in fundamentally empowering political and related rights. These rights, like … employment, travel and vote, are exercisable per force of citizenship … Sobel's key focus is citizenship vs. the state … that there is a tenuous struggle for power between citizens that want to exercise their agency and the state which seeks to control and regulate state power … He is concerned with the acquisition of political rights with the presupposition of possessing American citizenship in order to resist authoritative practices by the state … Sobel … offers a reading of citizenship through an American context. His work will be of great interest to scholars focusing on American politics and citizenship. [He] provides a concise and cogent argument for empowering citizenship … realized by three key rights: … employment, travel and work.' James Nguyen, Citizenship Studies'[An] identification regime is inconsistent with … underpinnings of U.S. citizenship [as] requiring … proof of citizenship inverts the American democratic enterprise. This argument is … insightful … advances our understanding of American citizenship … [and] reinvigorates the citizenship inquiry …' D. Carolina Nidfiez, Tulsa Law ReviewTable of Contents1. Introduction. Empowering citizenship; 2. The nature of American citizenship as the foundation of rights; 3. The right to vote; 4. The right to employment; 5. The right to travel; 6. Threats to citizenship rights in identification regime; 7. Other countries' systems constitute warnings; 8. Conclusions. Sustaining empowering citizenship.
£25.64
Cambridge University Press National Security Secrecy
Book SynopsisExcessive government secrecy in the name of counterterrorism has had a corrosive effect on democracy and the rule of law. In the United States, when controversial national security programs were run by the Bush and Obama administrations - including in areas of targeted killings, torture, extraordinary rendition, and surveillance - excessive secrecy often prevented discovery of those actions. Both administrations insisted they acted legally, but often refused to explain how they interpreted the governing law to justify their actions. They also fought to keep Congress from exercising oversight, to keep courts from questioning the legality of these programs, and to keep the public in the dark. Similar patterns have arisen in other democracies around the world. In National Security Secrecy, Sudha Setty takes a critical and comparative look at these problems and demonstrates how government transparency, privacy, and accountability should provide the basis for reform.Trade Review'An illuminating discussion of the costs of secrecy and how Congress and the Courts have condoned such an anti-democratic state of affairs. Its attention to how European courts and institutions have more vigourously challenged governmental claims of secrecy is exceptional.' Kent Roach, Professor of Law and Chair in Law and Public Policy, University of Toronto'With insightful analysis, Sudha Setty demonstrates how the misuse of secrecy by governments in the United States and other countries has done serious damage to individual rights, democratic values, and the rule of law. We need to restore legislative and judicial checks on misleading executive assertions.' Louis Fisher, Scholar in Residence, The Constitution Project'Sudha Setty writes with remarkable dexterity about the exponential increase in the powers of the state to remain secret while enhancing national security regimes in the war against terror. Setty gives a comprehensive account of how national security secrecy is enabled legally and politically in contemporary democracies at the expense of structural accountability, rule of law and fundamental rights.' Ujjwal Kumar Singh, University of DelhiTable of ContentsIntroduction; Part I. The Infrastructure of Secrecy in the United States: 1. Executive branch secrecy; 2. Congressional complicity; 3. An overly deferential judiciary; Part II. Comparative Perspectives on Transparency: 4. International and supranational norms; 5. The United Kingdom; 6. India; Part III. Societal Tolerance for National Security Secrecy: 7. Public and political resilience; 8. Individual privacy and secrecy: a matter of contract or a human right?; Conclusion.
£29.44