Laws of specific jurisdictions and specific areas of law Books

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Book SynopsisWhy, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before?Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years.Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain killed

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Book SynopsisA law school casebook that maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases.A tort is a wrong that a court is prepared to recognize, usually in the form of ordering the transfer of money (“damages”) from the wrongdoer to the wronged. The tort system offers recourse for people aggrieved and harmed by the actions of others. By filing a lawsuit, private citizens can demand the attention of alleged wrongdoers to account for what they’ve done—and of a judge and jury to weigh the claims and set terms of compensation. This book, which can be used as a primary text for a first-year law school torts course, maps the progression of the law of torts through the language and example of public judicial decisions in a range of cases. Taken together, these cases show differing approaches to the problems of defining legal harm and applying those definitions to a messy world. Th

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Book SynopsisA framework for knowledge ownership that challenges the mechanisms of inequality in modern society.Scholars of science, technology, medicine, and law have all tended to emphasize knowledge as the sum of human understanding, and its ownership as possession by law. Breaking with traditional discourse on knowledge property as something that concerns mainly words and intellectual history, or science and law, Dagmar Schäfer, Annapurna Mamidipudi, and Marius Buning propose technology as a central heuristic for studying the many implications of knowledge ownership. Toward this end, they focus on the notions of knowledge and ownership in courtrooms, workshops, policy, and research practices, while also shedding light on scholarship itself as a powerful tool for making explicit the politics inherent in knowledge practices and social order.  The book presents case studies showing how diverse knowledge economies are created and h

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Book SynopsisWhy, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before?Levels of violent crime have been in a steady decline for centuries--for millennia, even. Over the past five hundred years, homicide rates have decreased a hundred-fold. We live in a time that is more orderly and peaceful than ever before in human history. Why, then, does fear of crime dominate modern politics? Why, when we have been largely socialized into good behavior, are there more laws that govern our behavior than ever before? In Command and Persuade, Peter Baldwin examines the evolution of the state's role in crime and punishment over three thousand years. Baldwin explains that the involvement of the state in law enforcement and crime prevention is relatively recent. In ancient Greece, those struck by lightning were assumed to have been punished by Zeus. In the Hebrew Bible, God was judge, jury, and prosecutor when Cain k

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Book SynopsisA serious look at competition problems in tech markets and whether antitrust law can help address them. In recent years, the astronomical rise of tech giants like Amazon, Apple, Meta, and Microsoft has been criticized as anticompetitive, and many have wondered if antitrust law can help protect workers and consumers. In Tech Monopoly, Herbert Hovenkamp explores competition problems in a wide range of high-tech firmsfrom those that sell purely digital products, such as video streaming, search, software, or email services, to others that sell more traditional tactile products, such as hardware, clothing, groceries, or rides. He offers a realistic look at the powers and limitations of antitrust law in tech markets with an assessment that is as comprehensive as it is accessible. After a general introduction to antitrust law, Tech Monopoly considers how competitive harm should be assessed in these markets, as well as some features that make these markets unique, including two-sided struc

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Book SynopsisIn this volume, scholars from the worlds of law and literature take a probing look at how and why stories are told in the law. Experts discuss how narratives presented in trials and in Supreme Court opinions are told and listened to, and how they affect legal thinking and judgement.

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Book SynopsisThis reference guide provides an authoritative summary of personal property that will enhance your ability to distinguish between title and possession. Teaches by example, using a set of readily understandable situations. Also includes the origins of substantive rules of law and procedure.

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Book SynopsisDrawing on such diverse but related disciplines as economics, cognitive psychology, statistics, and game and decision-making theory, the book considers the barriers to successful negotiation in such areas as civil litigation, family law, arms control, labor management disputes, environmental treaty making, and politics. When does it pay for parties to a dispute to cooperate, and when to compete? How can third-party negotiators further resolutions and avoid the pitfalls that deepen the division between antagonists? Offering answers to these and related questions, this book is a comprehensive guide to the latest understanding of ways to resolve human conflict.

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Book SynopsisIn this now established text the author presents her analysis of the power of law and argues for a feminist post-structuralist approach. She comments on pornography, as well as discussing recent research on rape trials and abortion legislation.Trade Review. . . an important and illuminating feminist analysis of the law . . . . It is to be highly recommended for those concerned with sociology, women's studies, law, social work, public policy and the generally socially concerned reader - Crime, Law and Social ChangeSmart's Feminism and the Power of Law represents a worthy and learned attempt to acknowledge the power of feminism to construct an alternative reality to mainstream legal discourse. This is an important and provocative book which should be read by those unafraid of differing views of jurisprudence and students of feminist legal theory - Melbourne University Law ReviewTable of ContentsIntroduction 1. The Power of Law 2. Rape: Law and the Disqualification of Women's Sexuality 3. A Note on Child Sexual Abuse 4. The Quest for a feminist Jurisprudence 5. Law, Power and Women's Bodies 6. Theory into Practice: The Problem of Pornography 7. The Problem of Rights Bibliography Index

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Book SynopsisAs defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time.We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the tricks of the trade that have helped him win cases and become successful at the art and practice of lawyering.Trade Review"Quintessential Dershowitz: fast-thinking, fast-talking, and unapologetically opinionated." Kirkus Reviews"

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Book SynopsisUnleash the design potential in codes Building codes and standards are often seen as obstacles to design excellence. Not any more! With the help of this down-to-earth guide, architecture professionals and students can stop dreading these rules and start using them to their advantage. Cracking the Codes makes codes and standards accessible by promoting a sound understanding of regulatory issues --without getting caught up in the minutiae. The book works the way projects do, moving through each stage of the planning process to identify and consolidate the basic regulatory requirements that must be addressed at every step along the way. It equips readers not only to recognize issues that call for regulatory research and to work effectively with appropriate consultants, but also to suggest strategic directions that are compatible with regulatory requirements and to make informed decisions in response to consultants'' advice. In addition to the model bTable of ContentsBACKGROUND. People. Rules. SITE SELECTION AND DESIGN. Use. Position. URBAN DESIGN. Massing. Enclosure. BUILDING DESIGN. Fundamentals. Rooms. Circulation. Detailing. PROCESS AND APPENDIX. Method. Appendix. Suggested Readings. Endnotes. Index.

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Book SynopsisLiving Trusts, Third Edition is a complete guide to designing, funding and managing a revocable living trust. Living Trusts covers the many advantages and disadvantages in creating a revocable living trust and succinctly discusses what a revocable living trust can and cannot accomplish.Trade Review"This is a very commendable work…. Highly Recommended" (Estate Planning, 7/1/2004; Vol. 31, No.7)Table of ContentsPreface. Acknowledgments. Abbreviations, Acronyms, and Synonyms. PART I. THE REVOCABLE LIVING TRUST IN PERSPECTIVE. Chapter 1. Continuing Need for Estate Planning. Chapter 2. Framework of a Revocale Living Trust. Chapter 3. Trustee's Powers, Duties, and Responsibilities. Chapter 4. Property Management and Other Benefits. Chapter 5. Disadvantages, Reservations, and Limitations of a Revocable Living Trust. PART II. OPERATION OF A REVOCABLE LIVING TRUST AND THE IMPACT OF TAXES. Chapter 6. Lifetime Operation of a Revocable Living Trust. Chapter 7. Federal Income Tax. Chapter 8. Federal and State Transfer Taxes. PART III. LIFETIME FUNDING OF A REVOCABLE LIVING TRUST. Chapter 9. Overview of the Funding Process. Chapter 10. Real Property Interests. Chapter 11. Publicly-Traded Securities and U.S. Government Obligations. Chapter 12. Closely-Held Business Interests. Chapter 13. Accounts in Banks, Savings Associations, and Credit Unions. Chapter 14. Tangible and Intangible Personal Property. Chapter 15. Qualified and Nonqualified Retirement Plans. Chapter 16. Life Insurance and Annuities. PART IV. SUPPORTING DOCUMENTS. Chapter 17. Power of Attorney and Pour-Over Will. Bibliography. Index.

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Book SynopsisArchitectural Building Codes by James G. Scott All architects musthave a solid working knowledge of building codes. Noncompliancemeans facing strained schedules and budgets at best, and lawsuitsat worst. Yet until now, no resource has been available toprofessionals that demystifies architectural building codes instraightforward, easy-to-understand language, with a unique graphicpresentation. James G. Scott''s Architectural Building Codes slicesthrough the technical, legal, and bureaucratic jargon of buildingcodes with a direct, engaging style. Beginning with the assumptionthat building codes are by nature complex and difficult tounderstand, Mr. Scott provides both the theoretical principles andpractical grounding all architectural professionals need toefficiently incorporate code regulations into their designs. Theauthor bridges the gap between theory and application, turning thearcane, impenetrable rules of building codes into usable concepts.The material is cogently organized from geTable of ContentsCodes, Standards, and Other Regulations. Administration. Use of Occupancy. Special Occupancy. General Building Limitations. Type of Construction. Fire-Resistant Materials and Construction. Interior Finishes. Fire Protection Systems. Means of Egress. Accessibility for Individuals with Disabilities and the Americanswith Disabilities Act. Interior Environment. Energy Conservation. Exterior Wall Coverings. Roofs and Roof Structures. Structural Loads, Tests, and Inspections. Foundations and Retaining Walls. Building Materials. Elevators and Conveying Systems. Plumbing and Mechanical. Conclusion. Appendix. Bibliography. Index.

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Book SynopsisCritical legal information for enhancing and expanding the activities of charitable fund-raisers As the competition for gifts grows increasingly intense, managers and fund-raisers for charitable organizations must learn how to work with tax and business law to optimize their return.Table of ContentsThe Basics: What Every Fund-Raiser Should Know About the Law. Public Charity Status. Tax Exemption Application. Charitable Contribution Deduction Rules. Planned Giving. Unrelated Business Activities. Fund-Raisers' Compensation. Annual Information Returns. State Law Regulation. Endnotes. Index.

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Book SynopsisYou dona t have to learn your lessons the hard way anymore. Most designers have to learn their lessons through time and experience when it comes to the business and legal aspects of starting and running an interior design firm. Now, Interior Design Law and Business Practices makes the hard lessons easy.Table of ContentsStarting an Interior Design Business. The Business of Interior Design (N. Lewis). Running the Business. Marketing Interior Design Services (R. Brandt). Accounting for Interior Designers (J. Beck). Professional Liability Insurance for Designers (J. Monteleone &B. Eisler). Interior Design Contracts. Contracts with Contractors. Licensing of Products. Purchasing Furniture and Selecting Products. Legal Disputes. New Areas of Concern for Interior Designers. Appendix. Index.

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Book SynopsisThis work explicitly sets out to close the gaps in professional practice, such as law, psychiatry, and the behavioural and social sciences and to address the questions that arise at the meeting-points and cross-roads of different backgrounds and spheres of activity.Trade Review"..there is a lot to recommend in this book.." (Legal &Criminological Psychotherapy, February 2002)Table of ContentsAbout the Editors. About the Contributors. Foreword by Dilys Jones. Preface. PART I: BEHAVIOURAL SCIENCES AND LEGAL PROCESSES. Behavioural Sciences Applied to Forensic and Legal Contexts (J.McGuire, et al.). The Legal Context: Obstacle or Opportunity? (D. Carson). Psychology and Police Investigation (P. Ainsworth). Factors Influencing Witness Evidence (A. Memon & D.Wright). Psycho-legal Studies as an Interface Discipline (N. Eastman). Decision-Making in Legal Settings (J. McEwan). PART II: RESEARCH AND PRACTICE. Explanations of Offence Behaviour (J. McGuire). Psychosis and Offending (A. O'Kane & R. Bentall). Risk Assessment and Prediction (R. Blackburn). Systems of Services (D. Heywood). Care and Management in the Community (T. Mason). Treatment of Sexual Deviation and Aggression (J. Hird). Treatment Approaches with Mentally Disordered Offenders (A.Grounds). Effective Interventions, Service and Policy Implications (J.McGuire, et al.). Index.

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Book SynopsisAreas of professional practice, such as law, psychiatry, and the behavioural and social sciences, overlap at numerous points in terms of underlying concepts and basic research.Trade Review"I strongly recommend it to practitioners, researches and students alike in psychology, psychiatry, social work, the probation and prison services, law and policing." (Expert Evidence, Vol 15, 2001) "..enjoyable and thought provoking, it is a positive contribution to the debate.." (Criminal Justice, Vol.1, No.2)Table of ContentsBEHAVIOURAL SCIENCES AND LEGAL PROCESSES. Behavioural Sciences Applied to Forensic and Legal Contexts (J. McGuire, et al.). The Legal Context: Obstacle or Opportunity? (D. Carson). Psychology and Police Investigation (P. Ainsworth). Factors Influencing Witness Evidence (A. Memon & D. Wright). Psycho-legal Studies as an Interface Discipline (N. Eastman). Decision-Making in Legal Settings (J. McEwan). RESEARCH AND PRACTICE. Explanations of Offence Behaviour (J. McGuire). Psychosis and Offending (A. O'Kane & R. Bentall). Risk Assessment and Prediction (R. Blackburn). Systems of Services (D. Heywood). Care and Management in the Community (T. Mason). Treatment of Sexual Deviation and Aggression (J. Hird). Treatment Approaches with Mentally Disordered Offenders (A. Grounds). Effective Interventions, Service and Policy Implications (J. McGuire, et al.). Index.

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Book SynopsisAn informative account of what happens to a society when it officially insists on a legal order that systematically denies the overwhelming majority of its population the minimum requirements of justice.

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Book SynopsisAn ethnography that examines the gendered nature of large corporate law firms. Although increasing numbers of women have become lawyers in the past decade, it discovers that the double standards and sexist attitudes of legal bureaucracies are a continuing problem for women lawyers and paralegals.

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Book SynopsisApproximately one thousand years ago Gypsies, or Roma, left their native India. Today Gypsies can be found in countries throughout the world. This book examines the Romani legal system, an autonomous body of law based on an oral tradition and existing alongside dominant national legal networks.

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Book SynopsisThis book is a five-country empirical study of the causes and consequences of social and economic rights litigation. Detailed studies of Brazil, India, Indonesia, Nigeria, and South Africa present systematic and nuanced accounts of court activity on social and economic rights in each country. The book develops new methodologies for analyzing the sources of and variation in social and economic rights litigation, explains why actors are now turning to the courts to enforce social and economic rights, measures the aggregate impact of litigation in each country, and assesses the relevance of the empirical findings for legal theory. This book argues that courts can advance social and economic rights under the right conditions precisely because they are never fully independent of political pressures.Trade Review'Human rights are meaningless if they cannot be claimed. The formal court system is playing an increasingly important role in enforcing human rights claims in many countries, frequently with life-saving impacts, as part of the overarching institutional architecture and social mobilization for human rights accountability. Gauri and Brinks have produced a timely, distinctive and important comparative empirical analysis of prerequisites for effective legal claims to socio-economic rights, and their social policy implications. I have no doubt that this book will appeal to a wide readership of public policy makers, economists, social scientists and lawyers, transcending stale theoretical dichotomies between rights of different kinds and showing vividly what a cross-disciplinary field human rights has become.' Louise Arbour, UN Commissioner for Human Rights'Judicial enforcement of social and economic rights has generated much theoretical controversy but little empirical work. Gauri and Brinks have taken a giant step forward with this methodologically innovative volume. The chapters fit together seamlessly, and provide a host of comparative and theoretical insights into the causes and consequences of judicial intervention in social and economic rights. The result is a major contribution to the literatures on rights, judicial power and social change, and the role of law in development.' Tom Ginsburg, University of Chicago Law School'The book offers a comparative analysis of five countries, South Africa, Brazil, India, Nigeria and Indonesia. Each case is rich in empirical data, as well as relevant social and political factors … This book is written to be accessible to both the serious empirical scholar of law and justice, as well as anyone interested in social justice and the protection of rights for disadvantaged populations. The ideas presented offer academics, scholars, and activists alike, the possibility of applying theoretical and empirical analysis to their own practices to further social justice … Overall, this book successfully merges theoretical analysis regarding the courts as policy makers and their ability to protect rights with empirical data through the case studies.' Jamila Smith-Loud, University of MarylandTable of Contents1. Introduction: the elements of legalization, and the triangular shape of social and economic rights Varun Gauri and Daniel M. Brinks; 2. Litigating for social justice in post-apartheid South Africa: a focus on health and education Jonathan Berger; 3. Accountability for social and economic rights in Brazil Florian F. Hoffmann and Fernando R. N. M. Bentes; 4. Courts and socio-economic rights in India Shylashri Shankar and Pratap Bhanu Mehta; 5. The impact of economic and social rights in Nigeria: an assessment of the legal framework for implementing education and health as human rights Chidi Anselm Odinkalu; 6. The implementation of the rights to health care and education in Indonesia Bivitri Susanti; 7. A new policy landscape: legalizing social and economic rights in the developing world Helen Hershkoff; 8. Transforming legal theory in the light of practice: the judicial application of social and economic rights to private orderings Daniel M. Brinks and Varun Gauri.

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Book SynopsisUnjustified enrichment is an intellectually vital area of private law. This 2002 book analyses a range of key issues in a comparative context, considered by a representative of a common-law and of a civil-law system, illuminating similarities or differences between systems, and what different systems can learn from each other.Trade ReviewReview of the hardback: 'There is an enormous amount of interesting argument and learning in this book.' Law Quarterly ReviewReview of the hardback: '… an absorbing and magical read … it is the most comprehensive publication dealing with the key issues of the discipline on a comparative level … a must read for any comparatist and all enrichment and restitution enthusiasts. It succeeds brilliantly in its aims and is a very welcome new source of reference in my own library.' Edinburgh Law ReviewTable of ContentsPart I: 1. Introduction David Johnston and Reinhard Zimmermann; Part II. Enrichment 'Without Legal Ground' or Unjust-Factor Approach?: 2. Unjust factors and legal grounds Sonja Meier; 3. In defence of unjust factors Thomas Krebs; Part III. Failure of Consideration: 4. Failure of consideration: myth and meaning in the English law of restitution Graham Virgo; 5. Failure of consideration Robin Evans-Jones and Katrin Kruse; Part IV. Duress and Fraud: 6. In defence of unjust factors: a study of rescission for duress, fraud and exploitation Mindy Chen-Wishart; 7. Fraud, duress and unjustified enrichment: a civil law perspective Jacques du Plessis; Part V. Change of Position: 8. Restitution without enrichment? Change of position and Wegfall der Bereicherung James Gordley; 9. Unwinding mutual contracts: Restitio in integrum v the defence of change of position Philip Hellwege; Part VI. Illegality: 10. The role of illegality in the English law of unjust enrichment Gerhard Dannemann; Part VII. Encroachment and Restitution for Wrongs: 12. Reflections on the role of restitutionary damages to protect contractual expectations Janet O'Sullivan; 13. Encroachments: between private and public Hanoch Dagan; Part VIII. Improvements: 14. Mistaken improvements and the restitution calculus Andrew Kull; 15. Enrichment by improvements in Scots law James Wolfe; Part IX. Discharge of Another Person's Debt: 16. Performance of another's obligation: French and English law contrasted Simon Whittaker; 17. Payment of another's debt Hector L. MacQueen; Part X. Third Party Enrichment: 18. 'At the expense of the claimant': direct and indirect enrichment in English law Peter Birks; 19. Searches for silver bullets: enrichment in three-party situations Daniel Visser; Part XI. Proprietary Issues: 20. Proprietary issues George Gretton; 21. Property, subsidiarity, and unjust enrichment Lionel Smith; Part XII. Taxonomy: 22. Taxonomy: does it matter? Ewan McKendrick; 23. Rationality, nationality and the taxonomy of unjustified enrichment Niall R. Whitty.

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Book SynopsisProfessor van Caenegem shows how and why continental and common law diverge so sharply and reveals the significance of power struggles between the judiciary, legislators and legal scholars. An historical introduction to continental law readily accessible to readers familiar with common law and vice versa.Trade Review'In Judges, Legislators and Professors Professor Raoul van Caenegem, a Belgian scholar who for many years has brought his knowledge of European legal history to some of the most intractable problems of early Common Law, sets out many instances where English law stands apart from the mainstream of western legal culture ... van Caenegem sees the distinctions as the result of essentially political developments which have meant that, at the critical moment in a country's legal history when a national law took shape, either judges or legislators or jurists were the dominant forces in that process.' The Times Higher Education Supplement'This book brings fascinating insights into an area of law that has often been written about. His clear and lucid style makes the book a pleasure to read ... definitely recommended to all who are interested in legal history, comparative law or the legal system in general.' Malaya Law ReviewTable of ContentsPart I. The Common Law is Different: Ten Illustrations: 1. The ambiguity of the term 'law'; 2. Appeal: a recent development; 3. English law is a 'seamless web'; 4. The rule of exclusion; 5. A land without a constitution?; 6. The consequences of parliamentary absolutism; 7. The haphazard development of criminal law; 8. Prosecution and verdict in criminal trials; 9. A law uncodified; Jurists are dispensable; Part II. The Mastery of the Law: Judges, Legislators and Professors: 10. Some facts; 11. Explanations: the 'national spirit'?; 12. Explanations: authoritarian Roman law and democratic England?; 13. Explanations: political history; Part III. The Divergent Paths of Common Law and Civil Law: 14. Common law and civil law: the parting of the ways; 15. The ways remain separate; 16. Which diverged from which?; Part VI. Which is Best, Case Law, Statute Law, Or Book Law: 17. The judges: amateurs and professionals; 18. The courts and their creators; 19. Codification: a weapon against the judiciary; 20. Law professors serve the powers that be; 21. Eight criteria of good law.

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Book SynopsisThis book examines international and domestic responses to financial crises while providing an agenda for financial development to support economic growth. The volume provides the first comprehensive analysis of the role of law and institutions in financial stability and development.Table of ContentsPart I. Finance and the International Financial Architecture: 1. Law, finance, and development; 2. Financial stability and the international financial architecture; Part II. Foundations of Finance: 3. Preconditions for and institutional underpinnings of finance; 4. Central banking and financial policy; 5. Financial infrastructure; Part III. Financial Regulation and Supervision: 6. Banking: regulation, supervision, and development; 7. Non-bank finance: securities, insurance, pensions, and microfinance; 8. Financial liberalization, financial conglomerates and financial regulatory structure; Part IV. Looking Forward: 9. The international financial architecture; 10. Reforming financial systems.

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Book SynopsisHow was law made in England in the eighteenth and early nineteenth centuries? Peter King argues that parliament and the Westminster courts played a less important role in the process of law making than is usually assumed. Justice was often remade from the margins by magistrates and judges.Trade Review"There is not much with which to quibble in this beautifully researched book. King's references show a mastery of historical writings relevant to his work as well as an understanding of the literature in several related fields such as criminology... his study is undeniably important." - H-Law, Elisabeth Cawthon, University of Texas at Arlington"Crime and Law in England is the product of years of painstaking research. While five of its ten chapters have previously been published, their reproduction here is a boon to anyone teaching criminal justice history. More importantly... King has advanced a thought-provoking argument with respect to the way in which we approach the history of English criminal justice as a whole." - H-Law, Allyson N. May, Department of History, The University of Western OntarioTable of ContentsIntroduction; 1. Shaping and remaking justice from the margins: the courts, the law and patterns of lawbreaking 1750–1840; Part I. Juveniles: 2. The rise of juvenile delinquency in England 1780–1840: changing patterns of perception and prosecution; 3. The punishment of juvenile offenders in the English Courts 1780–1830: changing attitudes and policies; 4. The making of the reformatory: the development of informal reformatory sentences for juvenile offenders 1780–1830; Part II. Gender: 5. Female offenders, work and lifecycle change in late eighteenth-century London; 6. Gender, crime and justice in late eighteenth and early nineteenth-century England; 7. Gender and recorded crime. The impact of female offenders in England and Wales 1750–1850; Part III. Non-Lethal Violence: 8. Punishing assault: the transformation of attitudes in the English courts; 9. Changing attitudes to violence in the Cornish courts 1730–1830; Part IV. The Attack on Customary Rights: 10. Customary right and women's earnings: the importance of gleaning to the rural labouring poor 1750–1850; 11. Legal change, customary right and social conflict in late eighteenth-century England: the origins of the great gleaning case of 1788; 12. Gleaners, farmers and the failure of legal sanctions in England 1750–1850.

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Book SynopsisR. C. van Caenegem considers the historical reasons behind European legal diversity, stressing the adoption of the classical law of the Romans, the influence of the rise of the nation states, and the impact of politics on legal development. He concludes with a consideration of the desirability of European legal unification.Trade Review'… a valuable discussion of the role of law (along with lawyers and courts) in the development of a 'federal' Europe.' Contemporary Review'For anyone interested in the … legal past and the possibility of a common European law of the future, this book is an ideal starting point … extremely well written …' Political Studies'This book takes the reader along a brisk, pleasant stroll down well-trodden paths - filled as they usually are with familiar turns and the occasional, unexpected gem.' Legal HistoryTable of ContentsPreface; 1. The national codes: a transient phase; 2. Ius commune: the first unification of European law; 3. Common law and civil law: neighbours yet strangers; 4. The holy books of the law; 5. Why did the ius commune conquer Europe?; 6. Law is politics; Epilogue: a look into the twenty-first century; Bibliography; Index.

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Book SynopsisThis book measures contemporary attitudes to the law - within and outside of the legal profession to see how c17th century Englishmen defined the role of law in their society, to see what their expectations were of the law and how these expectations helped shape political debate and ultimately determined political decisions over the course of a very turbulent century.Trade Review'Thorough, free of too much academic jargon, and up to speed with recent scholarship, this is a valuable...work for serious students of the period.' BBC HistoryTable of ContentsSECTION I: FOUNDATIONS OF LAW. Introduction. 1. The Structure and Machinery of the Law. 2. The Judiciary. SECTION II: ROYAL GOVERNMENT. 3. James I: of Kings and Kingdoms. 4. Charles I: New Solutions for Old Problems. SECTION III: PARLIAMENTARY GOVERNMENT. 5. The High Court of Parliament. 6. The Great Council. SECTION IV: CROMWELLIAN GOVERNMENT. 7. Law and the New Republic. 8. The Good Constable. Conclusion.

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Book SynopsisAs the process of European integration accelerates the growth of EC Law is having a substantial impact. This text provides an overview of the ways in which EC Law has impacted upon the work of British courts, its focus being the role of British courts in protecting Community rights.Trade ReviewThe text is tightly written, with points clearly made. Issues are identified and each chapter ends with a summary/conclusions. There are plenty of headings, a helpful index, a bibliography and a short list of suggestions for further reading. Footnotes also point the student selectively to other academic writing.Christopher Kerse, Book Reviews, Journal of Legislative StudiesTable of ContentsTable of Cases Table of Legislation and Treaties Table of Equivalence 1. Identifying Community law 2. UK courts: United Kingdom courts or Community courts? 3. Obstacles to the enforcement of Community law 4. Ascertaining the substance of Community rights 5. Giving effect to Community law 6. National remedies for breach of EC law 7. A right to a specific remedy: State liability for breach of Community law 8. The UK courts working as Community courts 9. Community law and criminal law 10. Enforcing Community law against Community institutions 11. Specific Community rules for the enforcement of Community law Further reading Bibliography

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Book SynopsisRecounts the courtroom confrontation between millions of ex-soldiers, the chemical industry and the federal government, from the first stirrings of the lawyers in 1978 to the court plan to distribute a record two-hundred-million-dollar settlement in 1985.Trade Review[Schuck] brilliantly tells the story of the class action suit brought by thousands of Vietnam veterans against the chemical companies that manufactured the herbicide. He probes deeply into the strategies of plaintiffs' lawyers, the novel defenses invoked, and the sitting judge's role…For general readers as well as scholars, this is a fascinating trip through the complexities of the law and the all-too-human response by all concerned. * Library Journal *Extraordinary…In addition to providing a clear, easily grasped, but sophisticated summary of the evolution of tort law, [Schuck] shows how the Agent Orange case was a great morality play, a cathartic drama about the Vietnam War and about America's dismal treatment of the soldiers who fought it…These pages offer the finest in investigative journalism and are destined to join the ranks of classics in legal literature…It is a first rate introduction to the world of tort law, a tour de force of legal narrative, and a deeply thoughtful consideration of policy reform. * Journal of Health Politics, Policy and Law *A blow-by-blow account of the ferocious six year legal battle…In vivid, behind-the-scenes anecdotes, Schuck portrays the primary actors—judges, lawyers, clerks, and individual veterans—in a Dickensian drama of personality clashes, misguided idealism, power struggles, greed, immeasurable suffering and bitter disillusionment. * USA Today *An engrossing tale of naive, angry veterans, their crusading, often self-serving lawyers, well-heeled chemical companies, and both ineffective and brilliant judges…Schuck relates this complex drama with colorful, novelistic detail, while always keeping present the essential purpose of his book, which is a critical analysis of the evolution of tort (personal injury) law in times of mass toxic disasters (asbestos, Bhopal, etc., as well as Agent Orange) and the growing use of class-action lawsuits to deal with them. * Los Angeles Times *Table of ContentsI. THE CONTEXT 1. A New Kind of Case 2. The Chemical and the Courts II. THE CASE 3. The Agent Orange War 4. Judge Pratt Rules 5. Discovery Begins 6. Three-Cornered Struggle 7. Enter Judge Weinstein 8. Fashioning a Settlement 9. A Question of Fairness 10. Compensations 11. The Final Act III. THE FUTURE 12. Versions of Legal Reality 13. Alternatives Afterword Notes Index

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Book SynopsisBerman’s masterwork narrates the interaction of evolution and revolution in the development of Western law. This volume explores two successive transformations of the Western legal tradition under the impact of the 16th-century German Reformation and the 17th-century English Revolution, with particular emphasis on Lutheran and Calvinist influences.Trade ReviewTaken together, Berman’s two volumes offer a sweeping panorama of the rise of modern law in the West, from its medieval beginnings to the start of the eighteenth century. In scope, learning, and ambition there is nothing else quite like them, and they constitute one of the deepest contributions to scholarship to have emerged from the legal academy in decades. In calling attention to these neglected episodes in the history of Western law, Berman has raised a host of difficult questions for historical and philosophical investigation, and one can only hope that others will follow his footsteps and explore the territory he has charted. -- William B. Ewald * Constitutional Commentary *Berman is at his best when illustrating the effect that a judicious study of law has on our appreciation of Western history. His meticulous and impassioned parsing of the theological and philosophical roots of the German legal academy or of the English adversarial system is instructive to a degree surpassed only by his previous work in Law and Revolution. His prescient call for an ‘integrative jurisprudence’ will surely be heeded, and is arguably already the norm in legal practice, though perhaps not in legal theory. -- Victor M. Muñiz-Fraticelli * Foundations of Political Theory *In the second volume of his magnum opus, Harold Berman intends to rescue from neglect Lutheran legal teachings, and does so by expanding his attention beyond Luther to include the works of the humanist theologian Philip Melanchthon, and the lesser-known Lutheran jurists, Johann Apel, Konrad Lagus, and Johann Oldendorp. His close reading of these jurists makes the most significant contribution to the study of early modern continental legal philosophy and its possible ramifications… Not only Europeans, but heirs of legal institutions and ways of thinking about states, rights, and religion that flowed from the European experience, need to heed the call to a more self-conscious and deliberate questioning of whether a narrative that traces the law’s liberating trajectory from confessionalism and beyond nationalism is persuasive at all. Berman…provides provocative and rewarding investigations of where and how our current dilemmas with that narrative began. -- A. G. Rieber * Law and Social Inquiry *It is not necessary to share Berman’s belief in order to appreciate much in this book. -- Michael D. Gordon * American Historical Review *Berman repeatedly [shows] the interrelationship between history, religion, and law. -- Henry Cohen * Federal Lawyer *The present volume…will be of interest mainly to the general reader seriously concerned about the moral direction of our troubled time. For such a reader there is much to learn and ponder in this compendious book. Berman gives close attention to the efforts of Lutheran theologians, jurists, and politicians to reconcile divine law and natural law, the former revealed in Scripture, the latter accessed by reason. -- Gerald Strauss * Law and History Review *For those interested in the ongoing debates about the social consequences of the Protestant Reformation for subsequent Western history, this book of great learning is a welcome contribution to the literature. [It] has also been a much anticipated book, coming now twenty years after Harold Berman’s path-breaking first installment, Law and Revolution: The Formation of the Western Legal Tradition. In the present volume, Berman continues his provocative analysis of theological and ecclesiastical roots of the legal tradition that has been developing in the West for nearly a millennium, but that he fears is presently in crisis… This second volume of Law and Revolution is a work of vast erudition that few other scholars would be capable of producing. The synthesis of legal and theological scholarship, as well as the integration of intellectual, ecclesiastical, and political developments, are crucial to the claims of this book and are impressive throughout. The author’s claims are persuasively argued and one can confidently conclude that scholars working on related issues in the future cannot safely ignore his conclusions. -- David VanDrunen * Westminster Theological Journal *A unique contribution to the history of the Western legal tradition. Harold Berman is a master at integrating detail with larger themes, presenting the material in a way that the point is never lost. A great deal will be almost entirely new to English-speaking readers. The treatment of the development of jurisprudence within Protestant Germany is especially valuable. The role of ‘revolutions’ in shaping but still preserving the essence of the Western legal tradition is one that Berman has made his own. This is a substantial achievement. -- R. H. Helmholz, University of Chicago Law SchoolA careful reading of this relevant volume, Law and Revolution, II, provides much food for thought. The author, Harold J. Berman, examines the present dilemma by looking at the past… This volume and its valuable footnotes contain a wealth of information… This volume is relevant for today. -- Byron Snapp, The Chalcedon FoundationA wonderfully stimulating work that highlights a very important aspect of the development of European law that has so far been largely neglected. Well written and lucidly presented, it maintains a good balance between the general and the specific, and is based throughout on original research of sources that are neither easily accessible nor easy to interpret. With this book, Harold Berman offers another distinguished contribution to legal scholarship. -- Reinhard Zimmerman, Max Planck Institute, HamburgTable of ContentsPreface Introduction I. The German Revolution and the Transformation of German Law in the Sixteenth Century 1. The Reformation of the Church and of the State, 1517-1555 2. Lutheran Legal Philosophy 3. The Transformation of German Legal Science 4. The Transformation of German Criminal Law 5. The Transformation of German Civil and Economic Law 6. The Transformation of German Social Law Ii. The English Revolution and the Transformation of English Law in the Seventeenth Century 7. The English Revolution, 1640-1689 8. The Transformation of English Legal Philosophy 9. The Transformation of English Legal Science 10. The Transformation of English Criminal Law 11. The Transformation of English Civil and Economic Law 12. The Transformation of English Social Law Conclusion Notes Acknowledgments Index

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Book SynopsisDrawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.Trade ReviewKip Viscusi presents a careful and compelling indictment of the modern system of product liability law, which skillfully weaves together economic theory, legal doctrine, and statistical and anecdotal evidence. The book should become a standard reference for readers in all relevant disciplines who are interested in the pros and cons of product liability reform. -- Richard A. Epstein, University of Chicago Law SchoolThe standard view of the products liability crisis, largely based on anecdotal evidence, proclaims that the most important policy goal is to reduce tort claims and insurance premiums. This outstanding book, based on systematic, empirical investigation, tells us how to improve the product liability regime for consumers and injury victims as well as for manufacturers and their insurers. -- Paul C. Weiler, Harvard Law SchoolTable of ContentsPreface 1. Diagnosing the Liability Crisis Perspectives on Liability Reform Recent Trends in Products Liability Proposals for Reform 2. The Dimensions of the Liability Crisis Accident Rates Decline, But Litigation Soars The Surge in Asbestos Litigation Insurance Industry Trends Roots of the Insurance Crisis, 1980-1984 Other Economic Effects of Products Liability The Design Defect Doctrine and Hazard Warnings 3. The Litigation Process The Overall Structure of Products Liability Litigation Court Verdicts Claims Settled Out of Court Cases That Are Dropped Using Economic Models to Assess Reform Proposals 4. The Design Defect Test A Case Study of Risk-Utility Tradeoffs Risk-Utility Analysis The Producer as Insurer Alternative Risk-Utility Measures On the Threshold of Marketability Who Decides? Proposals for Restructuring the Product Defect Test 5. The Explosive Mathematics of Damages The Insurance Value and the Deterrence Value of Damages Inflation and the Increase in Verdict Awards Noneconomic Damages Has Voodoo Economics Come to the Courts? Applying the Value of Life: The Ford Pinto Case Proposals for Setting Damages 6. Regulation of Product Safety The Adequacy of Incentives Regulatory Violations and Products Liability Litigation Restructuring the Institutional Interactions 7. Hazard Warnings The Objectives of Hazard Warnings Assessing the Quality of Warnings Warnings and the Risk-Utility Test Regulatory Compliance Toward a National Warnings Policy 8. Environmental and Mass Toxic Torts The Market Paradigm and Why It Fails Products Liability--an Inadequate Remedy Agent Orange and the Economic Stakes of Mass Toxic Torts Compensation Funds Strategies for Mass Toxic Torts 9. Workers' Compensation Lessons from the Workers' Compensation Experience Job-Related Products Liability Claims and Workers' Compensation 10. Will Products Liability Reform Matter? Insurance Availability Products Liability Definitions State-of-the-Art Defenses Statutes of Limitation Collateral Source Rules and Damage Rules Effects on Premiums Conclusion 11. A Strategy for Principled Products Liability Reform Appendix A: Products Liability Costs in Different Industries Appendix B: The Litigation of Job-Related Claims Notes Bibliography Index

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Book SynopsisFocuses on the interplay between sexual science and legal decision-making, giving insights into such controversial social and sexual topics as rape, pornography, lesbian motherhood, and sex discrimination. Green examines how the law weighs the desires of the individual against social standards.Table of ContentsFornication; child custody and homosexual parents; homosexuality as a fundamental right; homosexuals as a suspect class; immigration and homosexuality; transexualism; pornography; intergenerational sexuality; sex education; prostitution; abortion; surgical or chemical castration of sex offenders; sex-linked defenses to criminal behaviour; sexual science and sexual privacy.

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Book SynopsisVogel challenges conventional wisdom that trade liberalization and agreements promoting free trade undermine national health, safety, and environmental standards. He analyzes international and regional trade agreements and treaties, unraveling the important and contentious relationship between trade and environmental, health, and safety standards.Trade ReviewThis interesting book systematically examines the original European Community, the Single European Act, the General Agreement on Tariffs and Trade and its 1979 standards code, the U.S.-Canada Free Trade Area, and the more recent North American Free Trade Agreement...Vogel finds that, while counterexamples do exist, trade liberalization on balance has strongly reinforced environment-improving regulations. -- Richard N. Cooper * Foreign Affairs *Trading Up tackles the increasingly prominent and controversial relationship between trade and regulatory/environmental policies...[It] is well written, with a wealth of sometimes off-beat detail, and will repay reading. * Journal of Environmental Law *This book is a pioneering contribution to the growing literature on the relationship between trade policy and protective regulation...[It] is a required reading not only for students and practitioners of international trade but all those involved in the making of environmental and regulatory standards. -- P. V. Mutalik-Desai * International Journal of Development Banking *Trading Up is not the only book on trade and environment...But it is the one of the most probable interest to most political scientists. It opens the way to many research inquiries on the outcomes of the various linkages and of their possible global extension...The outcomes of these linkages and their successes or failures may provide many dissertations, articles, and books in coming decades. -- Lynton K. Caldwell * American Political Science Review *When I teach international economics, students invariably ask me how to distinguish a protectionist barrier to trade from a legitimate health rule. This book provides a rich collection of cases to show how international trade agreements and their dispute settlement procedures have answered this question. The book centers around the question of how increased economic integration affects consumer safety...The results of the theoretical models are supplemented through rigorous empirical studies. The endnotes of each chapter provide crucial information to readers. The study is comprehensive and well-documented with an exhaustive list of references. The author provides a European perspective on the [Federal Reserve's] exchange rate policies in comparison to those of the Bundesbank's...This book is well-written, interesting and informative, and particularly good at describing how trade and regulatory disputes have been resolved. Teachers of international, environmental, or consumer economics should note that this book is written in an easily-accessible style, and is suitable for students. -- Shannon K. Mitchell * Southern Economic Journal *The book's coverage is broad. It treats efforts to promote free trade within Europe and throughout the world. It examines consumer issues, environmental issues, and the many issues that fall in between. It encompasses legal, economic, and political disputes. Few authors could have mastered all these topics, but fortunately Vogel is up to the task...The basic message of Trading Up cannot be ignored by students of the consumer movement...Vogel convinces us that, for the foreseeable future, it will be impossible to study the consumer or environmental movements without simultaneously considering trade policy. -- Robert N. Mayer * Journal of Consumer Affairs *Table of ContentsNational Regulation in the Global Economy Protectionism versus Consumer Protection in Europe Environmental Regulation and the Single European Market Greening the GATT Food Safety and International Trade Baptists and Bootleggers in the United States Reducing Trade Barriers in North America The California Effect Notes Abbreviations Index

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Book SynopsisThe military trial of William Calley for his role in the slaughter of 500 or more Vietnamese civilians at My Lai shocked a nation already sharply divided over a controversial war. This work is a retelling of the My Lai story through the prism of the law.Trade ReviewA wise, discerning, and powerful account of a notable trial that illuminates the larger meaning of the Vietnam War. Belknap's extraordinary analysis of the My Lai story skillfully explores the atrocities, the cover-up, and the political manipulation of the affair, and takes us beyond contemporary journalism to the complex history of what happened - and why. Stanley Kutler, Author Of The Wars Of Watergate; ""I thought I'd overdosed on books about Vietnam years ago, but this one is terrific. It somehow manages to maintain its balance without losing its power to mesmerize. Vietnam junkies and novices alike can not help but be affected by it."" John Hart Ely, Author Of War And Responsibility: Constitutional Lessons Of Vietnam And Its Aftermath

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