Legal systems: civil procedure, litigation and dispute resolution Books

Book SynopsisThis book provides a comprehensive guide to the process of construction industry adjudication from the perspective of the adjudicator. It covers the whole process of adjudication, from the initial enquiry through case management, the conduct of the proceedings, the production of the Decision and post-Decision matters.

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Book SynopsisThis is the ground-breaking handbook of ethics written for conflict resolution professionals. It provides an indispensable daily tool for all practitioners in the field and offers a must-have resource for practitioners, professors, students, attorneys, and everyone in the field of meditation and alternate dispute resolution.Table of ContentsPreface ix Acknowledgments xiii 1 Values, Models, and Codes 1 2 Autonomy and Diminished Capacity 27 Commentators: Carol B. Liebman and Mary Radford 3 Autonomy and the Emotions 55 Commentators: Dorothy Della Noce and John Winslade 4 Disputant Autonomy and Power Imbalance 87 Commentators: Forrest S. Mosten and Bill Eddy 5 Tensions Between Disputant Autonomy and Substantive Fairness: The Misinformed Disputant 113 Commentators: Lela P. Love and Jacqueline Nolan-Haley 6 Information, Autonomy, and the Unrepresented Party 155 Commentators: Michael Moffitt and Dan Dozier 7 Mediating on the Wrong Side of the Law 177 Commentators: John Bickerman, Jeremy Lack, and Julie Macfarlane 8 Mediating with Lies in the Room 199 Commentators: Dwight Golann and Melissa Brodrick 9 Confidentiality 227 Commentators: Bruce Pardy and Charles Pou 10 Confidentiality Continued: Attorney Misconduct or Child Abuse 255 Commentators: Art Hinshaw and Gregory Firestone 11 Conflicts of Interest 277 Commentators: Bruce E. Meyerson, Wayne Thorpe, Roger Wolf, and Susan Nauss Exon 12 Mediating Multiculturally: Culture and the Ethical Mediator 305 Commentators: Carrie Menkel-Meadow and Harold Abramson 13 Ethics for ADR Provider Organizations 339 Commentators: Phyllis Bernard and Susan M. Yates Appendix: Model Standards of Conduct for Mediators 369 Notes 381 The Editor 419 The Contributors 421 Index 431

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Book SynopsisDelict Essentials provides the reader with an introduction to the main areas of the law of delict.

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Book SynopsisTrusted by generations of students and litigators, this classic text is unrivalled in its detail and provides a thorough and highly practical overview of the key principles and procedures employed in the civil courts.Table of Contents1: Introduction 2: Funding litigation 3: The civil courts 4: Overriding objective and human rights 5: Pre-action protocols 6: Issuing and serving 7: Renewal of process 8: Part 8 claims and petitions 9: Low value road traffic accident claims 10: Alternative dispute resolution 11: Service outside the jurisdiction 12: Responding to a claim 13: Default judgment 14: Statements of case 15: Track allocation and case management 16: Costs management 17: Costs capping and protection 18: Requests for further information 19: Parties and joinder 20: Additional claims under Part 20 21: Limitation 22: Amendment 23: Interim applications 24: Summary judgment 25: Interim payments 26: Security for costs 27: Small claims track 28: Fast track 29: Multi-track 30: Striking out, discontinuance, and stays 31: Disclosure 32: Witness statements and affidavits 33: Hearsay 34: Admissions and documentary evidence 35: Experts 36: Offers to settle 37: Sanctions 38: Listing and pre-trial reviews 39: Trial 40: Remote hearings 41: Judgments and orders 42: Interim injunctions 43: Freezing injunctions 44: Search orders 45: Norwich Pharmacal and related disclosure orders 46: Costs 47: Qualified one-way costs shifting 48: Enforcement 49: Judicial review 50: Appeals

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Book SynopsisThis new work contains the most current analysis of the English law of contract. Contract Law in Practice enables easy access to the essence of judgements, and includes clear explanations of the law, especially where the law is unsatisfactory, undecided, or lacks certainty. Written by Neil Andrews--an experienced author--this highly valuable book is essential for all commercial lawyers and anyone interested in this fundamental area of the law.With precise links to cases and important passages of the leading judgements, the analysis is founded in the words of the judgments themselves, enabling clear interpretation of their impact on the shape of the law and easy access to judicial discussion. The coverage is comprehensive, and emphasis is made upon interpreting and elucidating difficult or undecided topics. Substantial references to further reading throughout enable easy research for the reader.The author identifies six key principles of contract law: freedom of contract; objectivity; tTrade Reviewthis book is a refreshing overview of the current state of English contract law, frequently enlivened by Professor Andrews' vivid turn of phrase... it is a valuable addition to the literature. * Sir Kim Lewison, Lord Justice of Appeal, England and Wales, Cambridge Law Journal *The distinctive - indeed to me knowledge unique - feature of this book is that it adopts a different and fresh approach which gives full recognition to the nature and texture of the common law. While the author looks for principles that underpin the case law, he does so at a high level - finding six major organising principles. In discussing topics, he highlights and analyses significant cases, with particular emphasis on cases recently decided. His footnotes refer the reader to the latest academic commentary on controversial points. And in forty-nine places where he finds the law uncertain or in an unsatisfactory state, he provides a critical evaluation of the topic. * Lord Leggatt, Foreword *The reader or user of this book is given an authentic sense of the English common law of contract as a work in progress. The author shows us which topics lie at the law's cutting-edge, how the case law on any particular topic has developed or is developing and how it might or should continue to develop. Readers are also reliably directed to the main up-to-date material which will enable them to engage in the process of interpretation or re-interpretation of the relevant case law themselves. * Lord Leggatt, Foreword *Table of ContentsI: Fundamentals 1: Sources and General Features 2: Principles II: Formation 3: Agreement 4: Certainty 5: Formality 6: Consideration 7: Intent to Create Legal Relations III: Capacity and Parties 8: Capacity 9: Third Parties and Co-Parties 10: Assignment and Agency IV: Vitiation 11: Misrepresentation 12: Mistake 13: Duress 14: Undue Influence 15: Unconscionability V: Illegality and Public Policy 16: Illegality VIL Terms and Interpretation 17: Express Terms 18: Implied Terms 19: Good Faith 20: Interpretation of Written Contracts 21: Rectification 22: Exclusion Clauses and Consumer Protection VII: Descharge and Breach 23: Termination By Notice or Consent 24: Breach 25: Incomplete Performance 26: Force Majeure and Frustration VIII: Remedies for Default 27: Debt and Other Agreed Sums 28: Damages 29: Specific Performance and Other Equitable Remedies

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Book SynopsisThis book describes and analyzes the law of contract interpretation in the United States, offering a strong guide for legal practitioners, judges, and scholars involved in contract law. Structured along two dimensions, Elements of Contract Interpretation first takes a look at the elements within contract interpretation. This includes the particular sources of evidence, the building blocks of interpretation that the courts recognize when interpreting contracts. Such examples include the governing contract terms; the circumstances when the contract is made; each party''s purpose; usages; and the maxims of contract interpretation. The second dimension is three theories of contract interpretation - literalism, objective theory, and subjective theory. Each theory allows a court to recognize a different set of interpretive elements, and, in practice, how the law of different jurisdictions in the U.S. endorse one theory or another. Since some jurisdictions combine theories within a two- or tTrade ReviewBurton's challenging analysis constitutes an enormously valuable contribution to our understanding of contractual interpretation issues. * John D. McCamus, York University, UK *Table of ContentsPreface ; Chapter 1: Goals, Tasks and Theories ; Chapter 2: The Elements ; Chapter 3: Identifying the Terms ; Chapter 4: The Ambiguity Question ; Chapter 5: Resolving Ambiguities ; Chapter 6: Objective Contextual Interpretation ; Index

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Book SynopsisPrisoners' Self-Help Litigation Manual, in its much-anticipated fourth edition, is an indispensable guide for prisoners and prisoner advocates seeking to understand the rights guaranteed to prisoners by law and how to protect those rights. Clear, comprehensive, practical advice provides prisoners with everything they need to know on conditions of confinement, civil liberties in prison, procedural due process, the legal system, how to litigate, conducting effective legal research, and writing legal documents. Over the past decade, prison law and conditions have changed significantly. This new edition is updated to include the most relevant prisoners' rights topics and approaches to litigation. Updates include all aspects of prison life as well as material on legal research, legal writing, types of legal remedies, and how to effectively use those remedies. This book succeeds the highly successful third edition of Prisoners' Self-Help Litigation Manual. Written by two legal and peniteTrade Review"In the many years I have worked with people facing or serving capital and Life sentences, I have experienced their frustration at their own inability to take charge of their cases and/ or their grievances...they lack the skills and the access to good law libraries. The Prisoners' Self-Help Litigation Manual, available for more than 25 years but recently updated, takes on the task of providing prisoners with the tools to handle their legal needs. It explains the pertinent law, shows them what they need to do to litigate an issue, and provides them with resources for help. As a self-trained professional in this field, I also found it extremely helpful. I truly believe that defense teams, advocates, and family members of the incarcerated should do their best to see that clients and loved ones have this important resource. And they should buy one for themselves!" --Claudia Whitman Director, National Death Row Assistance Network of CURETable of ContentsPersonal Statement ; Table of Cases ; Preface and Acknowledgments ; I. Introduction: Using this Manual and Using the Courts ; Part I: The Rights of Prisoners ; II. Conditions of Confinement ; III. Civil Liberties in Prison ; IV. Procedural Due Process ; V. Equal Protection of the Laws ; VI. Pre-Trial Detainee's Rights ; Part II: Enforcing Your Rights ; VII. The Legal System ; VII. Actions, Defenses, and Relief ; IX. How to Litigate ; X. Legal Research ; XI. Writing Legal Documents

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Book SynopsisThe author has taken the opportunity presented by the production of this new paperback edition to revise parts of the text and add a substantial postscript which brings the text up to date. This important work was hailed by scholars worldwide as the most significant recent work on restitution, and a landmark in the development of our understanding of this difficult subject. Students and scholars of common and civil law will welcome this paperback which brings the work to a wider readership.`The book amply repays close attention...both for its wealth of detail and for its perspicuous organisational principles''.Ethics `This is an impressive and challenging book that will be read and debated by legal scholars for some years''.Social SciencesTrade Review`...a remarkable and important book. Students will be fascinated with the rigour and challenge of its academic analysis ... The reason why this book should be on everyone's shelf, and read, is that it forces one to think and think again. Its clarity of thought - and language - provides us with the discipline, as well as the assistance, to see this perplexing and sometimes intransigent area of law in a refreshing way.'Lloyd's Maritime and Commercial Law Quarterly`...lively and well-written book...a powerfully argued and sophisticated piece of work which shows beyond doubt that there is an independent class of claims generated by the receipt of a benefit.'Times Higher Education Supplement April 1986Table of ContentsDefinition; differentiation; techniques and measures; organization; enrichment at the plaintiff's expense; non-voluntary transfer - vitiation; - qualification; free acceptance; miscellaneous cases - policy-motivated restitution; restitution for wrongs; the second measure of restitution; defences.

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Book SynopsisBased on a large study of legal professional practice, involving nearly 50 solicitors' firms, this book offers a critical examination of the practices and organization of defence lawyers in Britain - from the moment of initial contact through to the preparation and presentation of defendants.Trade ReviewDisturbing conclusions ... Standing Accused is powerful evidence of the extent to which the client is dependent on lawyers ... the book identifies fundamental concerns about the provision of legal service which need to be addressed. * David Pannick QC, The Times *The book really is compulsive reading for anyone engaged in criminal defence work. * The Lawyer *Standing Accused makes out a prima facie case against the existing arrangements, calls into question the roseate view commonly taken of the virtues of legal representation in criminal cases, and that anyone who reads this book will be driven to ponder further the professional standards and philosophy which ought to underpin a system of criminal defence. It is a significant and unsettling work. * Cambridge Law Journal *Standing Accused is powerful evidence of the extent to which the client is dependent on Lawyers ... the book identifies fundamental concerns about the provision of legal service which need to be addressed. * The Times *a compelling and characteristically provocative research report which is a credit to all concerned: the researchers and authors for their hard work, and Oxford University Press for conceiving its Oxford Monographs on Criminal Law and Justice series sufficiently broadly to include empirical studies ... Standing Accused is an impressive and disturbing work which will intrigue and entertain and dismay the reader ... It does ... stand a good chance of becomming a sociological classic; and in the meantime the book's accessible style and intelligent use of vivid empirical material ought to commend it to a wider audience than the "lawyers, scholars and professionals interested in the administration of justice" for whom the publishers (justifiably) assert that Standing Accused is compulsory reading * Law Quarterly Review *This is a timely, important and salutary book. * LCCJ Newsletter *Table of ContentsDefence solicitors in criminal cases - an introduction; organization and characteristics of criminal firms; the culture of criminal defence; pre-interrogation advice; advisors at interrogation; at the office - getting the client's story; the solicitor at court - client management and bail hearings; the solicitor at court - plea and mitigation; contested trials in Magistrates' Courts; solicitors, barristers and the Crown Court. Appendix: growth in criminal legal representation and legal aid in Magistrates' Courts, 1964-1990.

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Book SynopsisThis book analyses the key skills that a lawyer needs to handle a case effectively, a topic that is not covered coherently in any other book. At a time of rapid and wide-ranging change in the delivery of legal services, the current edition involves a complete reworking of the last edition to take into account the implications of the implementation of the Jackson Review, and to see effective litigation clearly in the context of concerns about funding, case management by the court, costs, and the growing use of alternative dispute resolution. The book has a strong focus on the needs of the legal practitioner, the decisions to be taken at each stage of a case, and the criteria to apply in making those decisions. This is all securely based in references to relevant Civil Procedure Rules and decided cases, with checklists and commentary to assist in the project management of a case. The book also focuses on the skills a lawyer needs to work effectively. This includes skills in dealing with Table of Contents1. The growing focus on 'Effective' Litigation ; 2. An Overview of the Litigation Process ; 3. Dispute Management and Alternative Dispute Resolution Options ; 4. Legal Practitioners and the developing Professional Context ; 5. Advising a Client and Taking Instructions ; 6. Financing Litigation ; 7. Establishing and Analysing Facts ; 8. Making best use of relevant Law ; 9. Defining Issues ; 10. Joining the right Parties ; 11. Legal Letters and Opinions ; 12. Drafting Statements of Case ; 13. Pursuing Appropriate Remedies ; 14. Defending an Action ; 15. Track Allocation and Directions ; 16. Active Case Management and the use of Sanctions ; 17. Costs Management and Budgeting ; 18. Evidence, Disclosure and Witness Statements ; 19. The potential roles of Experts ; 20. Procedural Rules as Practical Tools ; 21. Managing Risk and Cost Benefit Assessment ; 22. Settling a Case and Part 36 offers ; 23. Preparing a Case for trial and drafting Skeleton Arguments ; 24. Presenting a Case in Court ; 25. Costs Orders and Costs Shifting ; 26. Enforcing a Judgment ; 27. Challenging a Judgment ; 27. Your Practice

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Book SynopsisVery Short Introductions: Brilliant, Sharp, InspiringArbitration is a legal dispute resolution mechanism, alternative to courts. It provides binding decisions, enforceable around the world. It is where parties take their disputes when they have agreed that courts, for one reason or another, do not suit them - which happens more often than one might think. Some of the most politically sensitive disputes on the largest scale go to arbitration. Countries which need to settle their boundaries in areas of the oceans rich in oil, gas and other resources sometimes arbitrate, and much of the war in Sudan was eventually tied up with an arbitration. Investors who have staked billions of dollars in unstable developing countries rely on arbitration clauses to protect their investments. But also much smaller, everyday cases are routinely dealt with by arbitration - millions of consumers, whether they know it or not, enter into arbitration contracts when they conclude routine transactions. Even athletes get involved in arbitration cases of great notoriety, for instance when these relate to doping offences during the Olympic Games.This Very Short Introduction explains what arbitration is, how it works, what parties who have agreed to go to arbitration should expect, the relationship between arbitration and the law, and the politics of arbitration. It also considers where the global system of arbitration is headed. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.Table of ContentsPrologue 1: Where does arbitration come from? 2: How does arbitration work? 3: From financial crises to doping disputes: "I will see you in... arbitration!" 4: Arbitration and the law 5: The geopolitics of arbitration against governments 6: Where is arbitration going? References Further Reading Index

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Book SynopsisCases and Materials on Employment Law provides students with a current, reliable, and complete reference resource. Choice case extracts, judgments, articles, and statutory materials are presented alongside clear author commentary. The accompanying notes and questions are provided to reinforce key issues and to develop critical thinking skills.Trade ReviewReview from previous edition The best employment law casebook available. It contains the key materials and provides breadth and depth. This is an excellent resource! * Alice Blythe, Senior Lecturer in Law, University of Bolton *An excellent text in all respects. * Karen Davies, Senior Lecturer, Swansea University *Table of Contents1. Introduction to employment law ; 2. Defining the contract of employment and its continuity ; 3. Constructing the contract of employment ; 4. Equality law (1): equal pay ; 5. Equality law (2): discrimination in the workplace - sex and race ; 6. Equality law (3): other forms of discrimination ; 7. Terminating the contract ; 8. Unfair dismissal ; 9. Redundancy ; 10. Trade unions and their members ; 11. Industrial conflict (1) ; 12. Industrial conflict (2)

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Book SynopsisWhy do Americans seem to sue at the slightest provocation? The answer may surprise you: we don't! For every Whiplash Charlie who sees a car accident as a chance to make millions, for every McDonald's customer to pursue a claim over a too-hot cup of coffee, many more Americans suffer injuries but make no claims against those responsible or their insurance companies. The question is not why Americans sue but why we don't sue more often, and the answer can be found in how we think about injury and personal responsibility. With this book, David M. Engel demolishes the myth that America is a litigious society. The sobering reality is that the vast majority of injury victims more than nine out of ten rely on their own resources, family and friends, and government programs to cover their losses. When real people experience serious injuries, they don't respond as rational actors. Trauma and pain disrupt their thoughts, and potential claims are discouraged by negative stereotypes that pervade A

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Book SynopsisAn account of the current state of civil litigation in the United States, one that makes a case that, contrary to popular opinion, it's actually a fairly effective tool for leveling the playing field between rich and poor, powerful and not.Trade Review"Well-researched and well-informed, this book is a must-read for law students and anyone who complains about the impact of civil litigation on the US economy." --Tom Baker, University of Pennsylvania Law School "Lawsuits in a Market Economy aims to understand civil litigation in the United States from a '10,000 foot view, ' comparing it to the past and thinking about what it will look like in the future. Unlike many '10,000-foot view' books, however, it is extraordinarily well-grounded: Yeazell has an unparalleled knowledge of civil litigation and a true commitment to providing empirical support for arguments, including historic trends. The book is a beautifully written, eminently readable, and important contribution to the literature on civil litigation."--William B. Rubenstein, Harvard Law School

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Book SynopsisThere is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house Table of ContentsList of Abbreviations. List of Figures. List of Charts. List of Graphs. Chapter I: Introduction. Chapter II: Binding Mediation Agreements and their Enforcement. Chapter III: Parties’ Rights and Obligations under a Mediation Agreement. Chapter IV: Essential Elements of a Comprehensive Legal Framework. Chapter V: Conclusion. Annex I: Model Mediation Clause. Annex II: Codebook. Bibliography. Index.

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Book SynopsisDispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leadinTable of Contents1. In search of an effective dispute resolution mechanism in Islamic finance Adnan Trakic, John Benson, and Pervaiz K Ahmed 2. Choice of law in Islamic finance Julio C. Colón 3. Prevailing dispute resolution mechanisms in Islamic finance Siti Faridah Abdul Jabbar, Suzana Muhamad Said and Asma Hakimah Ab Halim 4. Islamic dispute resolution in the United Kingdom Maria Bhatti 5. Settlement of Islamic finance disputes in the United States of America Julio C. Colón 6. Settlement of Islamic finance disputes in Malaysia Adnan Trakic 7. Settlement of Islamic finance disputes in the Kingdom of Saudi Arabia Aishath Muneeza and Zakariya Mustapha 8. Settlement of Islamic finance disputes in the United Arab Emirates Nor Razinah Binti Mohd Zain and Rusni Hassan 9. Dispute resolution in Islamic finance: the way forward John Benson, Adnan Trakic and Pervaiz K Ahmed

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Book SynopsisConciliation of Construction Industry Disputes describes Conciliation as it has evolved and been practised in Ireland for the past 25 years and provides readers with practical guidance on this Alternative Dispute Resolution (ADR) method. Conciliation combines advantages of both mediation and adjudication and has been very widely practiced in Ireland over the last 25 years. It is low cost, quick and has been hugely successful. It continues to be the most used and preferred method of resolution of disputes in Irish construction contracts despite the introduction of statutory adjudication. The book includes a comparison of the various methods of ADR and will assess how Conciliation fits into them, noting the pros and cons of each. Conciliation is described in detail and the reasons for its success are analysed.This book provides comprehensive guidance on how conciliation should be conducted to maximise its chance of being successful. Drawing on his wide experience of resoTable of Contents1. The Construction Industry and its disputes. 2. Third party involvement in the resolution of construction contract disputes. 3. Resolutions imposed by a third party. 4. Consensual resolution of disputes. 5. Conciliation of Construction Contract Disputes in Ireland. 6. The use of other Alternative Dispute Resolution Methods in the Irish Construction Industry. 7. The role of the Conciliator’s Recommendation in Irish conciliation.. 8. Choosing and appointing the conciliator. 9. The Initial Meeting. 10. Conducting the conciliation. 11. The Conciliator's Recommendation. 12. Multi-Party Disputes. 13. Conciliation and the Law. 14. Summary and Conclusions.

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Book SynopsisWhen they go low, we learn: an examination of mudslinging in contemporary American politicsand how the left can find its footing to achieve structural reform in this mess. The rules of the public discourse game have changed, and The Public Insult Playbook argues that the political left needs to account for the power of vitriol in crafting their theories for social and political change. With this book, noted constitutional law expert and disability rights advocate Ruth Colker offers insights into how public insults have come to infect contemporary public discoursea technique not invented by but certainly refined by Donald Trumpand, importantly, highlights lessons learned and tools for fighting back. Public insults act as a headwind and dead weight to structural reform. By showcasing the power of insults across a number of civil rights battlegrounds,The Public Insult Playbook uncovers the structural nature of personal attacks, and offers a blueprint for a legal and political stratTrade Review"The Public Insult Playbook is full of material which will be useful to those who are working against oppression." * Process North *Table of ContentsAcknowledgments Introduction 1. Insults: A Power Tool for Power Bullies 2. Headwinds, Deflections, and Dead Weights in Action 3. Drive-By Litigators or Accessibility Heroes? 4. Immigrants as Murderers and Rapists 5. Pedophiles or Welcome Entrants to the Institution of Marriage 6. Abortion 7. Anita Hill and the #MeToo Movement 8. Black Lives Matter Notes Index

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Book SynopsisA rigorous analysis of systemic misogyny in the law and a thoughtful exploration of the tools needed to transcend it through constitutional change beyond litigation in the courts. Just as racism is embedded in the legal system, so is misogynyeven after the law proclaims gender equality and criminally punishes violence against women. In After Misogyny, Julie C. Suk shows that misogyny lies not in animus but in the overempowerment of men and the overentitlement of society to women's unpaid labor and undervalued contributions. This is a book about misogyny without misogynists. From antidiscrimination law to abortion bans, the law fails women by keeping society's dependence on women's sacrifices invisible. Via a tour of constitutional change around the world, After Misogyny shows how to remake constitutional democracy. Women across the globe are going beyond the antidiscrimination paradigm of American legal feminism and fundamentally resetting baseline norms and entitlements. That Trade Review"In this intriguing scholarly treatise, Fordham University law professor Suk (We the Women) documents how the law protects men’s 'overentitlement' and 'overempowerment' and examines efforts to correct the problem through constitutional reform. . . . a well-informed and actionable diagnosis of one of society’s most persistent ills" * Publishers Weekly *"'This world has always belonged to males, and none of the reasons given for this have ever seemed sufficient,' Simone de Beauvoir wrote in her 1949 foundational text, The Second Sex. The spirit of de Beauvoir pervades After Misogyny, a provocative new book by Julie C. Suk, a professor at Fordham University School of Law. . . . Credit is due to Suk for detailing how progress has been accomplished in other countries, and for inviting us to think about how true gender equality can be achieved—after misogyny." * Ms. Magazine *“Ambitious. . . . Contributes to a feminist literature on equality and care spanning centuries and national boundaries, yet offers timely diagnoses and prescriptions for the United States at a very particular moment.” * Jotwell *"Suk ’03 traces how misogyny has persisted in the law even after the end of legal patriarchy. Adopting a global perspective, Suk defines misogyny not only as hatred against women but also as overentitlement to women’s sacrifices. She examines how abortion bans compel women’s reproductive labor and assume a patriarchal notion of the public good. Suk also discusses how past generations of women have resisted misogynistic legal structures, including through the temperance movement." * Yale Law Report *Table of ContentsContents Introduction: Legal Patriarchy and Its Aftermath PART I HOW THE LAW FAILS WOMEN: MISOGYNY BEYOND MISOGYNISTS 1. The Equal Protection of Feminists and Misogynists 2. Overentitlement and Overempowerment 3. Misogyny and Maternity: Abortion Bans as Overentitlement PART II WHAT TO DO ABOUT IT: REMAKING CONSTITUTIONS AND DEMOCRACY 4. From Patriarchy to Prohibition: Resetting Entitlements through Constitutional Change 5. Rebalancing Power through Parity Democracy 6. Building Feminist Infrastructures: The Constitutionalism of Care Conclusion: Toward a Feminist Remaking of Constitutional Democracy Acknowledgments Notes Selected Bibliography Index

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Book SynopsisTrade Review"A stimulating book and an authoritative one."--Political StudiesTable of Contents*FrontMatter, pg. i*Contents, pg. vii*Preface, pg. ix*Acknowledgments, pg. xi*1. Political Thought and Historical Problematics, pg. 3*2. Historical Transformations and Legal Legacies, pg. 10*3. Juries and American Revolutionary Jurisprudence, pg. 34*4. Locating the 'Voice of the People', pg. 69*5. Law in the Context of Continuous Revolution, pg. 86*6. The Politics of Judicial Space, pg. 106*7. Government by Discussion: Continuing Debate over Judicial Space, pg. 137*Notes, pg. 149*Bibliography, pg. 197*Index, pg. 221

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Book SynopsisThree decades ago - years after most tribes had filed land claims - the Zuni initiated legal battles related to aboriginal claims, rights, and use that few experts thought they could win. Tying together current events with cultural and legal history, this volume provides expert observations on how and why the Zuni succeeded.Trade Review"Will serve as a model for other tribes to follow in their legal actions."—Journal of the West"This book serves as a model for those seeking court action in land claims litigation. Not only is it a legal blueprint for a trial preparation, it also makes important contributions to the field of Indian history and to the social sciences."—Western Historical Quarterly"The book provides a basic survey of Zuni history, of the tribe's relations with successive Spanish, Mexican, and American governments, and of its legal struggle to affirm its land rights. Specialists will appreciate the book's broad approach."—American Indian Quarterly "This book contains a wealth of information on the Zuni and provides a wonderful example of how an interdisciplinary team of academics can put their knowledge to use on real world problems confronting real people. This is a primer of how to do Indian rights litigation the ‘right way,’ with the careful preparation of testimony and evidence, choosing the right expert witnesses, and putting the information to effective use at trial."—Robert A. Williams, Jr., author of The American Indian in Western Legal Thought"A significant contribution to the fields of Indian history, jurisprudence, and anthropology. It may well become the prime example of how to proceed in court actions involving Native Americans, aboriginal use, and ownership."—Robert W. Delaney, author of Ute Mountain Utes and Southern Ute PeopleTable of Contents List of Tables and Figures Preface, Governor Robert E. Lewis Acknowledgments Introduction, E. Richard Hart Part One: Aboriginal Claims (Zuni 1—Docket 16179L) 1. Zuni Archaeology and Culture History, T.J. Ferguson 2. Historic Zuni Land Use, E. Richard Hart 3. Zuni Oral Tradition and History, Triloki Nath Pandey 4. Zuni History and Anthropology, Fred Eggan 5. Values of Zuni Oral History, Floyd A. O'Neil 6. Zuni’s Royal Contract with Spain, Ward Alan Minge 7. New Mexican Reducciones, Ward Alan Minge 8. Zuni History During the Early U.S. Period, Myra Ellen Jenkins 9. The Zuni Indians Under the Laws of Spain, Mexico, and the United States, S. Lyman Tyler 10. Zuni Relations with the United States and the Zuni Land Claim, E. Richard Hart 11. The Zuni Land Claim Victory, E. Richard Hart Part Two: Damages to Zuni Trust Lands (Zuni 2—Dockets 32781L and 22484L) 12. The Zuni Land Conservation Act of 1990, E. Richard Hart 13. An Anthropological Perspective on Zuni Land Use, T.J. Ferguson 14. Problems of Land Use Within a Portion of the Zuni Land Claim Area, John O. Baxter 15. Recapturing the Landscape: Use of U.S. Government Surveys in Zuni Land Claims Research, Ronald L. Stauber 16. Dendrochronological Dating of Alluvial Deposition and Erosion in the Zuni Area, Jeffrey S. Dean 17. Recovering the Remembered Past: Folklore and Oral History in the Zuni Trust Lands Damages Case, Andrew Wiget 18. Changing Meanings of Arroyo, Samuel C. Monson Part Three: The Barefoot Trail (Unites States v. Platt) 19. Protection of Kolhu/wala:wa (“Zuni Heaven”): Litigation and Legislation, E. Richard Hart 20. The Sacred Trail to Zuni Heaven: A Study in the Law of Prescriptive Easements, Hank Meshorer Postscripts 21. The Zuni Claims Cases, Stephen G. Boyden 22. The Zuni Land Case: A Personal Reminiscence, Floyd A. O'Neil 23. Achieving True Interpretation, Edmund J. Ladd 24. Afterword, E. Richard Hart Appendices A. Findings of the United States Claims Commission, Docket 16179L, Aboriginal Area B. Findings of the United States Claims Commission, Docket 16179L, Taking Dates C. The Zuni Land Conservation Act of 1990 D. Plan for Use of Judgment Funds, Docket 16179L E. The Zuni Resource Development Plan: Executive Summary and Foreword F. A Partial Listing of Expert Reports and Depositions in the Zuni Claims Litigation About the Contributors Index

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Book SynopsisThis volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cTable of ContentsContents: Introduction; Part I Formal Dispute Resolution Processes: Negotiation, Mediation, Arbitration, Adjudication: Public and private international dispute resolution, Andrea Kupfer Schneider; Correspondences and contradictions in international and domestic conflict resolution: lessons from general theory and varied contexts, Carrie Menkel-Meadow; Diplomacy and domestic politics: the logic of two-level games, Robert D. Putnam; Special barrier No 2: culture, Jeswald W. Salacuse; Two paths to peace: contrasting George Mitchell in Northern Ireland with Richard Holbrooke in Bosnia-Herzegovina, Daniel Curran, James K. Sebenius and Michael Watkins; The timing of peace initiatives: hurting stalemates and ripe moments, William Zartman; Cultivating peace: a practitioner's view of deadly conflict and negotiation, John Paul Lederach; Merchants of law as moral entrepreneurs: constructing international justice out of the competition for transnational business disputes, Yves Dezalay and Bryant Garth; Getting along: the evolution of dispute resolution regimes in international trade organizations, Andrea Kupfer Schneider. Part II New Processes: Institutions, Informal and Hybrid Dispute Processes: The problem-solving workshop in conflict resolution, Herbert C. Kelman; Adjudicating in anarchy: an expressive theory of international dispute resolution, Tom Ginsburg and Richard H. McAdams; Restorative justice: what is it and does it work?, Carrie Menkel-Meadow; Accountability for atrocities: moving forward by looking backward, Jane Stromseth, David Wippman and Rosa Brooks; From Nuremberg, John Hagan; Rwandan Gacaca: an experiment in transitional justice, Maya Goldstein Bolocan. Part III Issues in New Forms of International and Transnational Dispute Resolution: Current illusions and delusions about conflict management - in Africa and elsewhere, Laura Nader and Elisabetta Grande; Between dialogue and decree: international review of national courts, Robert B. Ahdieh; Truth, memory a

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Book SynopsisDrawing upon insights from law and politics, Multi-Party Litigation outlines the historical development, political design, and regulatory desirability of multi-party litigation strategies in cross-national perspective and describes a battle being fought on multiple fronts by competing interests. By addressing the potential and constraints of litigation, this book offers a comprehensive account of an international issue that will interest students and practitioners of law, politics, and public policy.Trade ReviewThis book is a well researched and critical examination of how mass litigation can be used as a tool to shape public policy. -- Marshall Haughey * Saskatchewan Law Review, Vol 73 *Table of ContentsIntroduction1 Theoretical, Historical, and Legal Underpinnings2 Mass Torts and Class Action: An Overview of the Contemporary Landscape3 The Politics of Tobacco Litigation4 The Politics of Gun Litigation5 The Politics of Food Litigation6 International Developments in the Politics of Litigation7 ConclusionsNotesGeneral ReferencesCase ReferencesGeneral IndexIndex of Cases

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Book SynopsisThe judicial system occupies an important place in society, yet it has been one of the least studied of Canadian institutions. Traditionally, examination and criticism of the trial process have been left to lawyers and members of the legal profession. In this volume nine non-lawyers scrutinize its operation in Canada from the perspectives of several academic disciplines.Reginald Allen, a philosopher and classicist, discusses the modern trial process in the light of the trial of Socrates; Anatol Rapoport, a mathematician noted for his work in the fields of game theory and conflict resolution, analyses the adversary system from Charles Hanly, a philosopher and psychoanalyst, uses the Truscott case to explore the psychopathological aspects of a trial from a Freudian viewpoint; one political scientist, Peter Russell, examine the courts' role in the development of the law; another, Donald Smiley, studies their role as protector of civil liberties; James Giffen, a sociologist, poin

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Book SynopsisJames Kelley tells the true stories of people who sought help from psychiatrists and ended up suing them for malpractice. These tales are compelling, tragic, and sometimes bizarre. They offer a unique view into a relationship that is normally confidential and caringbut can be catastrophic when it goes wrong.Trade Review"This elegantly written book brings fascinating legal controversies to life. Kelley does a remarkable job of telling vivid stories about actual doctors and patients without sacrificing fairness or depth. Psychiatric Malpractice makes vital contribution to our understanding of the intersection of law and medicine." -- Steven Goldberg * Professor of Law, Georgetown University Law Center, author of Culture Clash: Law and Science in Amer *"With sensitivity to the plight of both the plaintiff (the patient) and the defendant (the psychiatrist), Mr. Kelley tells what happened in real psychiatric malpractice cases, who won, and the often subtle reasons why. An exceptional and exciting book!" -- Jonas R. Rappeport * M.D., Medical Director (retired), American Academy of Psychiatry and the Law *"Consumers of psychiatric services and professionals in all of the mental health fields will find this fine book extremely useful. It is unique in covering a wide range of malpractice cases." -- Gary R. Schoener * psychologist and author of Psychotherapists' Sexual Involvement with Clients *"Behind the emotionless legal citations, psychiatric malpractice cases hold gripping tales of human tragedy. James Kelley tells it with a heart, also reminding us that the law offers only a paltry remedy for our human condition. Kelley's book makes psychiatric misadventures read like a novel." -- Robert I. Simon * M.D., P.A., Georgetown University School of Medicine *"Kelley recounts the stories of both patients and psychiatrists with the flair of a mystery writer, the compassion of a fellow traveler, and the insight of a seasoned attorney. He is a sensitive observer and a thorough reporter. The tales are engrossing." -- Linda Mabus Jorgenson * Esq., coauthor of Sexual Abuse by Professionals: A Legal Guide *Table of ContentsChapter 1. IntroductionChapter 2. The Law of Psychiatric MalpracticePART I. SuicideChapter 3. The Walking Suicide Time BombChapter 4. Bum Rap in OrlandoChapter 5. Suicide: The Therapist as ScapegoatPART II. Violence Against OthersChapter 6. Man with a MissionChapter 7. Search and DestroyChapter 8. A Danger to OthersPART III. Standards of Psychiatric CareChapter 9. Dr. Osheroff's CaseChapter 10. Dr. Bean-Bayog: The Therapist as MomChapter 11. In Search of a Standard of CarePART IV. Sexual MisconductChapter 12. Mrs. Barkley, Twice a WeekChapter 13. One Doesn't Just Say GoodbyeChapter 14. Sex as "Part of the Therapy"Chapter 15. Afterword

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Book SynopsisTrade Review"Although there have been some other articles and books on the Youngstown case, this book remains definitive. The author handles a variety of materials exceedingly well, and shows great sensitivity not only to the legal issues involved, but to the political ones as well. It is a model case study."—Melvin I. Urofsky, Virginia Commonwealth University"Marcus’s book continues to be the only extended discussion of the Steel Strike incident. Truman’s seizure of the steel companies and the subsequent litigtation remain an important historical episode with contemporary implications for executive power cases."— G. Edward White, University of Virginia School of Law

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Book SynopsisTrade Review"This book will be an extremely important and influential contribution to the literature. Readers will find the book of great help in understanding the important differences between various strands of constitutional and interpretative theory."—Mary E. Becker, University of Chicago Law School"West takes on the challenge of developing a transformational constitutionalism with great energy, eloquence, and intellectual integrity. Her argumentation throughout is forceful, clear, well-reasoned, and at the same time gives the sense of being driven by passionate commitments crystallized into broad principles. It is an exciting combination, and it makes an exciting book, one that should find a wide and ready audience."—Thomas C. Grey, Stanford Law SchoolTable of ContentsIntroduction 1 Part I. Equal Protection of the Laws 1. Toward an Abolitionist Interpretation of the Fourteenth Amendment 9 2. Equality Theory, Marital Rape, and the Promise of the Fourteenth Amendment 45 3. The Meaning of Equality and the Interpretive Turn 73 Part II. Due Process of law 4. Reconstructing Liberty 105 5. The Ideal of Liberty 129 6. Toward a First Amendment Jurisprudence of Respect 144 Part III. Institutional Responsibilities 7. Constitutional Skepticism 155 8. The Authoritarian Impulse in Constitutional Law 190 9. Progressive and Conservative Constitutionalism 211 10. The Aspirational Constitution 290 Notes 319 Index 355

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Book SynopsisAnalyzes the impact of the Supreme Court's constitutional decisions and its judicial review of statutes on lawmaking in CongressTrade Review“Legal scholars have recently questioned judicial review on the ground that constitutional deliberation should be returned to the people and their political representatives. Drawing from case studies of several federal statutes invalidated by the Supreme Court, Mitch Pickerill thoughtfully suggests that serious constitutional discourse in the legislature is unlikely unless the Court continues to exercise its power of judicial review. I found his argumentation persuasive as well as informative. Constitutional Deliberation in Congress is well worth reading by lawyers as well as by students of American government.”—William N. Eskridge Jr., Yale Law School“Constitutional Deliberation in Congress brings to light important new evidence regarding how Congress and the Court relate to one another in constitutional cases, and it provides the first high-quality and systematic examination of how Congress responds to judicial invalidations of its legislation.”—Keith Whittington, Princeton UniversityTable of ContentsList of Tables and Figures ix Acknowledgments xi Introduction 1 1. Constitutional Deliberation in a Separated System 11 2. Judicial Review: Roadblock, Speed Bump, or Detour? 31 3. The Shadows of Uncertain Scrutiny: Legislating in a Period of Judicial Dualism 63 4. The Missing Constitution: Legislating in the Darkness of Judicial Deference 95 5. The Nature of Things: Anticipation and Negotiation, Interaction and Reaction 133 Appendix A. Judicial Review Decisions and Relevant Legislation (Chapter 2 Dataset) 155 Appendix B. In-Depth Interviews 161 Notes 167 Table of Cases 175 Bibliography 177 Index 183

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Book SynopsisThis popular title will prove invaluable for busy practitioners and litigants in person alike, equipping them with the latest knowledge and enabling them to make the most of the procedures that are available.Trade Review'an excellent and concise work … meets all the needs of the professional user, including case citations and statutory references’. Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, 'The Barrister,' and Mediator.Table of ContentsPART 1- CLAIMS 1. Preliminary Topics 2. Step-by-Step Guide to Starting a Small Claims Case 3. Responding to the Claim (Including Obtaining Judgment in Default or on an Admission) 4. Directions Questionnaires and Allocation 5. Other Parts of the Civil Procedure Rules 6. Drafting Documents for Small Claims Cases; PART 2 - MEDIATION AND SETTLEMENT 7. Mediation and Settlement of Small Claims PART 3 – HEARINGS 8. Steps between Allocation and the Hearing; Preparation for the Hearing 9. Costs in Small Claims 10. The Hearing 11. Appeals and Applications to Set Aside Judgment PART 4 = ENFORCEMENT OF JUDGMENTS 12. Enforcement of Small Claims Judgments in the County Court; PART 5 - PERSONAL INJURIES 13. The Road Traffic Accident Small Claims Protocol Appendices Index

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Book SynopsisHere, on a scale unmatched by any previous collection, is the extraordinary energy and eloquence of our first national political campaign: During the secret proceedings of the Constitutional Convention in 1787, the framers created a fundamentally new national plan to replace the Articles of Confederation and then submitted it to conventions in each state for ratification. Immediately, a fierce storm of argument broke. Federalist supporters, Antifederalist opponents, and seekers of a middle ground strove to balance public order and personal liberty as they praised, condemned, challenged, and analyzed the new Constitution Gathering hundreds of original texts by Franklin, Madison, Jefferson, Washington, and Patrick Henry—as well as many others less well known today—this unrivaled collection allows readers to experience firsthand the intense year-long struggle that created what remains the world’s oldest working national charter. Assembled here in chronologTrade Review"The best resource for understanding the morning headlines I've seen in a long time." — Bill Moyers"An easily accessible set of sacred writings for America's civil religion, these two books are composed of the very stuff of history." — The Chicago Tribune"Not only is it wonderful writing, it is wonderful thinking." — Nina Totenberg, NPR

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Book SynopsisThis book is an in-depth study of air and ocean goods-in-transit claims. It sets out to guide and assist businesses within the fresh produce industry to successfully implement the best processes and procedures to maximise their recovery efforts against contracted carriers. Fresh Produce Shipping focuses heavily on protecting the rights and recovery aspects of companies involved in growing, selling, and transporting fresh produce. It gives importers, exporters, loss adjusters, surveyors, and freight forwarders an easy-to-understand guide to the management and requirements of submitting claims. It provides an overview of the shipping terms and procedures involved when raising a claim. The book offers specific and detailed industry knowledge to stakeholders who would not normally have access to such information without the employment of specialists or legal counsel, providing an inexperienced reader with the tools to submit a claim and achieve an understanding of protocolTrade Review"Fresh Produce Shipping provides a "go to guide" for Importers / Exporters, Loss adjusters, Fresh Produce Surveyors, students with an interest in Fresh Produce shipping and claims handling, by providing a comprehensive realistic understanding of the market inan easy to understand text. The book provides a step by step understanding of the claims handling process covering both Airline and Ocean shipments providing reference guides and an understanding of the various conventions relevant to both forms of shipping." -- Victoria Bredin, British Association of Cargo SurveyorsTable of ContentsDedication; Acknowledgements; Foreword; Table of Cases; Definitions; Introduction; Chapter 1 - An Overview of the Claims Process ; The Loss; Air; Ocean; The Strategy to be adopted; Chapter 2 - An Overview of the Legal Framework for Air Cargo and Ocean Cargo Liability; Air; Ocean; Hamburg Rules; Chapter 3 – Detailed Actions after Discovery of the Loss ; The Question of Abandonment ; Delivery Signatures on Collection and Receipt; Air Cargo; Ocean Cargo; Claim Notification & Invitation to Carrier to attend Survey; Air; Salvage and Mitigation; Survey & Investigation; Joint and Separate Surveys; Air; Ocean; Common Causes; Air; Temperature Abuse; Delay; Ocean; Temperature Abuse; Suffocation and CO2 Injury; Delay; Evidencing the container loading; Pre-Shipment Condition and Temperature; Shelf-life tests; The Relevance of Pre-Shipment Evidence; Trip Thermographs; Air; Ocean; Analysis of Transit History; Determination of Cause; Air; Ocean; Chapter 4 - Documentation Gathering; Booking Request and Carrier confirmation (Ocean only); Supplier Invoice; Packing List or Load List; Health Documents; Certificate of Origin, Movement Certificate EUR.1; Air Waybill; Air Cargo Consolidations and House Air Waybills; Ocean Bills of Lading and Sea Waybills; House Bills of Lading; Airline Release Note, Removal Authority, or Airline Delivery Order; Goods Inwards Records; 1st Inspections/Quality Control Records and Photographs; The Surveyor’s Report; Chapter 5 – The Legal Rules determining for What you can Claim; The Central Principle of Restitutio in Integrum; Attempts to derogate from this principle; Damages in Contract and Damages in Tort; Interest on Damages; Duty to Mitigate; Date for Assessment; Chapter 6 - Calculation of Constituent Claim Values; ASMV- Arrived-Sound Market Value; Proof of Arrived-Sound Market Value; The ‘Supermarket Market’; The ‘Wholesale Market’; Sales Price Lists; ADMV – Arrived-Damaged Market Value; Cost-based quantum; Directly-Related Expenses; Survey Fee; Sorting/Repacking; Dumping Costs and Certification; Other Possible Costs; Chapter 7 - Claim Submission; Covering Letter; Presentation Standards & Well-ordered Attachments; Submission of Claims by email; Other methods of claim submission – Air Cargo Claims; If by Post, obtain Recorded Delivery and why; Ask yourself?; Chapter 8 - Time Limits and Time Bar Protection; Time Limits; Air Cargo; Ocean Cargo; Time Bars; Air; Ocean Cargo; Chapter 9 - The Struggle For Settlement; Unreasonably-Delayed Responses & Refusal to Deal; The Burden and Onus of Proof; Delay not involving Physical Damage; Air Cargo; The Central Principle of a Carrier’s Liability under Applicable Law; Aspects of entitlement to claim and sue; Cessions of Rights; In relation to House Air Waybills; Objections to Quantum; The ‘Market’; Survey Fees; All other expenses; Defences – and Countering them; Contributory Negligence; Pre-Shipment Causes; Harvest Records; Pack House Protocols; ‘Hot Stuffing’ - Ocean; ‘Hot Delivery’ – Air; Mixed Maturity; Rots, and Diseases; Thermographs; Reefer container Inspection; Vent Closure and Suffocation/CO2 injury; Failures during Transit; Inadequate packing; Inadequate stowage in an Ocean container; Post Shipment Objections; Attempts to reject claims on dis-entitlement; Air Cargo; The Grounds for a Claim; Force Majeure issues; Successive Carriage; US-Based Airlines and the ‘3-day rule’; Limitation of Liability; Enforcement of these Rules; Ocean Cargo; Attempts to reject claims on dis-entitlement; The Grounds for the Claim; Shipper’s Responsibility for container Settings; Inadequate Stowage; Carrier’s Datalogger – if it can be obtained; Malfunctioning containers and ‘Due Diligence’; Measure of Damages; Limitation of Liability; Unreasonable Attitudes and Commercial ‘Strong-Arm’ Tactics; Field-Heat Argument; Improper Use of Authorities; ‘Strong-Arm Tactics’; Refusal to Produce Evidence; Being ‘Taken to the Wire’; Further Carrier Tactics after Issue of Proceedings; Dismissal of Evidence; Excessive Demands for Evidence; Mixed Maturity; Carrier’s Claims, Operational, and Marketing Personnel at Odds?; Chapter 10 - Reaching for Settlements; Without prejudice negotiations; Dispute Resolution; Ocean Carriers’ P&I Clubs; Jurisdiction; Air; Ocean; Solicitors and Litigation; Choice of Lawyers; Broad Outline of events during Litigation with Costs implications; Pre -Legal Action; Legal Action; Part 36 offers; Preparation for Trial; Trial; Costs Awards; Withdrawing at Any Stage; Annexes; Examples of claim notices; Air Claim Notice; Ocean Claim Notice; Non-Survey Claim Notice; Claim Submission covering letter or message; Air Claim; Ocean Claim; Excel Spreadsheet to show quantum; Cession of Rights wording; Air; Ocean; Schedules; Air; Montreal Convention; Warsaw/Hague; Warsaw [unamended]; IATA 600b Air Waybill; Conditions; Ocean; Hague; Hague/Visby; Hamburg

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Book SynopsisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to expTable of Contents1 Introduction 1.1 Arbitral Jurisdiction in Private International Law and Arbitration1.1.1 Jurisdiction as Adjudicatory Competence in Cross-border Disputes1.1.2 Jurisdiction, Arbitration, and Party Autonomy1.2 Recurring Themes1.2.1 Arbitral Jurisdiction and Parallel Proceedings in International Commercial Disputes1.2.2 Private International Law Analysis of Arbitral Jurisdiction: Comparison, Parallels, and Transposition1.2.3 Economic Globalisation, Global Law, and Arbitral Jurisdiction1.2.4 Jurisdictional Focus: Arbitral Jurisdiction in England and Wales1.3 The Enquiry1.3.1 Research Question1.3.2 Contribution to Knowledge1.3.3 Scope1.3.4 Structure2 Globalisation and Commercial Disputes2.1 Globalisation and the Rise of Private Actors in International Commerce2.2 State Interests in Private Commercial Disputes2.3 Private Interests and Risks in International Commercial Transactions and Disputes2.4 Arbitration, Merchants, and International Commercial Disputes2.4.1 Arbitration as a Dispute Resolution Method for Merchants2.4.2 Arbitral Jurisdiction in the Context of International Commercial Disputes3 Cross-border Jurisdiction in Commercial Disputes3.1 Jurisdictional Issues in International Commercial Disputes3.1.1 Jurisdictional Disputes and Private International Law3.1.2 Tactical Nature of Jurisdictional Disputes3.1.3 Party autonomy and jurisdiction3.2 Jurisdictional Issues in International Arbitration3.2.1 Traditional doctrinal approach to arbitral jurisdiction3.2.2 Jurisdictional Intersections4 Party Autonomy in Private International Law and Arbitration4.1 Traditional Paradigms of Private International Law and Party Autonomy4.2 Creature of Contract or Creature of Party Autonomy?4.3 Arbitration Agreements as an Expression of Party Autonomy in International Commercial Arbitration4.3.1 Common Law – Contractual Paradigm4.3.2 Civil Law approach – Procedural Contracts4.3.3 Dual nature and Effects of Arbitration Agreements4.4 Arbitration, Party Autonomy, and International Commercial Dispute Settlement5 Existing Approaches For Regulating Arbitral Jurisdiction5.1 Regulation of Jurisdictional Issues in International Instruments5.1.1 New York Convention 19585.1.2 Parallels from the 2005 Hague Convention on Choice of Court Agreements5.2 Regulation of Arbitral Jurisdiction in a Comparative Context5.2.1 New French Code of Civil Procedure—A rule of Temporal Priority5.2.2 United States of America – Separability as a Delineating Mechanism5.2.3 Germany—Abandoning a rule of contractual competence-competence5.3 Theoretical Models of Regulating Arbitral Jurisdiction5.3.1 Rau’s Solar System5.3.2 Paulsson’s Presumptive Allocation of Authority5.3.3 Reversing the Default Position6 A global law model for arbitral jurisdiction6.1 A Contemporary Private International Law Proposal on Arbitral Jurisdiction: from Subordination to Synergy6.1.1 Fitting Party Autonomy to the Traditional Paradigms or Changing the Paradigm?6.1.2 Arbitral jurisdiction in a Shifting Paradigm of Dispute Resolution6.1.3 Horizontal Model of Arbitral Jurisdiction6.2 Adopting the Proposed Model6.2.1 Top-down adoption via multilateral treaties and model laws6.2.2 Arbitral Jurisdiction and State Regulatory Competition6.2.3 Private Regulation and Arbitral Jurisdiction6.2.4 Horizontal Choice and English Commercial Arbitration and Litigation7 Arbitral jurisdiction from a state court’s perspective7.1 Stay of Proceedings7.1.1 Stay of Proceedings under Section 9 Arbitration Act 19967.1.2 Inherent/Case Management Stays7.1.3 Restated Approach7.2 Declarations of Validity: Cost Management Tools or Jurisdictional Encroachment?7.2.1 Declaration under Section 32 of the Arbitration Act 19967.2.2 Powers under Section 72 of the Arbitration Act 19967.2.3 Restated Approach7.3 Enforcement of Arbitration Agreements: Traditional and Equitable Remedies7.3.1 Court-Ordered Anti-Suit Injunctions7.3.2 Specific Performance Order: the Positive Obligation7.3.3 Restated Approach7.4 Enforcement of Arbitration Agreements: Damages7.4.1 Damages in the Law and Practice of England and Wales7.4.2 Restated Approach7.5 Post-award Intersections: Jurisdictional Review and Control7.5.1 Grounds and Standard of Review7.5.2 Conflict of Judgments8 Arbitral Jurisdiction: Issues Before Arbitral Tribunals8.1 Competence to Decide Jurisdictional Issues Redux8.2 Stay of Arbitration Proceedings8.3 Enforcing the Arbitration Agreement: Arbitral Enforcement Orders8.3.1 Jurisdiction to Grant Arbitral Enforcement Orders8.3.2 Enforcement8.3.3 Restated Approach8.4 Monetary Sanctions and Damages as Tools Bolstering Arbitral Enforcement Orders8.4.1 Monetary Sanctions8.4.2 Enforcing the Arbitration Agreement with a Damages Award8.5 Contractual Undertakings9 Conclusions: Arbitral Jurisdiction Architecture

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Book SynopsisInternational commercial arbitration and litigation are often seen as competing fora, fields of law, or markets. This intersection is at its highest at the forefront of any proceedings, at the jurisdictional stage. The analysis of jurisdictional issues at the forefront of an arbitration has been confined in a descriptive analysis of the law and jurisprudence, dealing with jurisdictional intersections almost in a mechanistic manner. These are not, however, issues which can be treated as mere mechanical rules. They are issues pertaining to core notions of authority, sovereignty, their origins and their allocation. At the same time, the pragmatic and practical domination of party autonomy is a fact which cannot be disregarded when one considers the normative and theoretical foundations of any model of dealing with these issues. This book moves beyond an analysis of arbitration and jurisdiction clauses to reconcile theory and practice, and provides an underlying theoretical model to exp

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Book SynopsisThis book contributes to the empirical understanding of how arbitrators make their decisions on the substance of commercial disputes arising from international construction projects. It is based on in-depth interviews with 28 international construction arbitrators and on the analysis of dozens of international construction arbitration awards. The combined experience of those who participated in the author's research amounted to hundreds of international construction arbitrations (~ 300 cases) in addition to several hundred international commercial arbitrations.It presents the results of the first and largest research to be undertaken in this area, and it will be useful to arbitration practitioners and scholars and to the wider audience of dispute resolution students, practitioners, and theorists. In turn, the book examines to what extent international arbitrators apply the law as the substantive norm, providing an explanation for that, and then offers insights into whether arTable of Contents1 Introduction. 2 Background. 3 Law as a Substantive Norm. 4 Commercial Norms. 5 International Construction Law. 6 Fairness as a Substantive Norm. 7 Mandatory rules of foreign law. 8 The arbitrator’s background. 9 Conclusion

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Book SynopsisThis book examines the concept of naming, blaming, claiming' in the application of arbitration for private banking dispute resolution. The author focuses on examining this issue using Hong Kong as a case in point, blending theory and empirical evidence to unveil how disputes are resolved within the banking and finance industry, which will enable them to explore possible effective and efficient mechanisms to resolve financial disputes. The book offers a comprehensive review of the laws and regulations governing the private banking industry in Hong Kong and selected jurisdictions, as well as how they are implemented. It examines the clients' perceptions through an innovative methodology for empirical studies. Describing how clients react to the laws and regulations and the potential adverse impacts to the stability of the banking industry, the author identifies possible factors that could trigger another financial crisis. Synthesising his analysis, the author proposes newly disTable of ContentsList of Tables, Table of Cases, Preface, Acknowledgements, List of Abbreviations, Chapter 1 – Introduction, Chapter 2 – Private Banking In Hong Kong, Chapter 3 – Arbitration and Dispute Resolution for Banks in Hong Kong, Chapter 4 – Unfolding The Clients’ Perspective: Knowledge Versus Experience, Chapter 5 – The Transformation of Disputes – Case Studies, Chapter 6 – The Self-Corrective Mechanism for Dispute "Elimination", References

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Book SynopsisThis book interrogates the legality of corporate surveillance, offering a corrective approach to protecting privacy through litigation--not through legislation.Explosive revelations, from the Snowden disclosures to the Cambridge Analytica scandal, have shown us that our daily lives are embedded in a network of pervasive, panoptic surveillance designed to manipulate. This corporate surveillance network has grown to encompass and absorb the basic digital substrate of our daily lives. Received wisdom, among commentators, the press, and even legal academia, is that this is all legal: corporate surveillance has flourished because there are no legal tools to reign in its pervasive and invasive practices. Analysing recent developments in data privacy law in light of ever-increasing data aggregation and cybersurveillance practices by corporations and governments, this book examines the pervasive, multimodal corporate surveillance practices that now permeate both our digital and offline lives, and offers a prescription for fighting back through the courts. Interweaving discussions of the statutory, common law, and constitutional frameworks that are currently being applied in legal challenges to these activities, this book considers current critiques of privacy law as conceptualized by both legal scholars and practitioners. Additionally, it makes suggestions for navigating the future of privacy rights in the face of our increasingly digitized lives.This book will be of interest to researchers and practitioners in the field of corporate surveillance, digital law, and privacy law.

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Book SynopsisUpdated throughout for this fourth edition, The Law of Construction Disputes maintains its position as a leading source of authoritative and detailed information on the whole area of construction law including contracts and their performance, third parties, pursuing claims and dispute resolution.The book covers the construction dispute process by analysing the main areas from which disputes arise, up-to-date case law, and how to effectively deal with construction project disputes once they have arisen. It provides the legal practitioner with all the case law needed in one concise volume, and examines the methods and methodology of construction law, not only for a common law context, but also under other legal systems. Readers will be guided through the various international contract formats governing construction alongside applicable case law. Additionally, they will be shown the correct contract provisions and forms used to prevent disputes from escalating to reach su

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Book SynopsisCelebrating 50 years since it was first published, the Architect's Legal Handbook has been the most widely used reference on the law for practicing architects, and the established textbook on law for architectural students.Since the last edition of this book in 2021, unprecedented change has occurred in the construction sector. The withdrawal of the United Kingdom from the European Union has ushered in changes to legislation in a wide range of areas. The tragic fire at Grenfell Tower in June 2017, and the deficiencies in design, construction and regulation within the sector that were revealed as a result, have given rise to major changes in the way projects are now carried out. An overhaul of the Building Regulations and the creation of a new Building Safety Regulator are only some of the ways in which the landscape has changed.This eleventh edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensi

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Book SynopsisTaking a fresh and modern approach to the subject, this fully revised and restructured textbook provides everything necessary to gain a good understanding of international commercial litigation. Adopting a comparative stance, it provides extensive coverage of US and Commonwealth law, in addition to the core areas of English and EU law. Extracts from key cases and legislative acts are designed to meet the practical requirements of litigators as well as explaining the ideas behind legal provisions. Significant updates include coverage of new case-law from the Court of Justice of the European Union. Of particular importance has been a set of judgments on jurisdiction in tort for pure financial loss, many of which have involved investment loss. New case law from the English courts, including the Supreme Court, and from the Supreme Court of the United States, is also covered.Table of ContentsPart I. Starting Off: 1. Introduction; Part II. Jurisdiction; 2. Jurisdiction: an analysis; 3. Jurisdiction under EU law; 4. EU law: special jurisdiction; 5. EU Law: the problem of pure financial loss; 6. The traditional English rules; 7. US law: an outline; 8. Choice-of-court agreements; 9. Jurisdictional conflicts: the common-law approach; 10. Jurisdictional conflicts: the EU approach; 11. Special topic I: product liability; 12. Special topic II: defamation; Part III. Foreign Judgments: 13. Introduction to part III; 14. EU law; 15. English law: jurisdiction; 16. English law: defences; 17. US law: some highlights; Part IV. Procedure: 18. Freezing assets; 19. Obtaining evidence abroad: forum procedures; 20. Obtaining evidence abroad: international co-operation; Part V. Choice of Law: 21. Introduction to choice of law; 22. Torts; 23. Contracts: the principle of party autonomy; 24. Contracts: legal policy and choice of law; 25. The common-law countries: regulating business, protecting employees and helping consumers; 26. Foreign currency; 27. Property: tangible movables; 28. Contractual rights and property interests – I; 29. Contractual rights and property interests – II; 30. Contractual rights and property interests – III.

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Book SynopsisThis new fourth edition of a well-established book is a timely response to the continuing development of the new rules of civil procedure in force in most of the jurisdictions of the English-speaking Caribbean. The new edition has been substantially revised to cover amendments to, and recent case law interpreting and applying, the Civil Procedure Rules of the various territories. It is essential reading for law students and legal practitioners in the region.Table of Contents1. Introduction 2. Commencement of proceedings 3. Responding to a claim 4. Service out of the jurisdiction 5. Parties and joinder 6. Ancillary claims 7. Default judgments 8. Summary judgment 9. Case management 10. Amendments to statements of case 11. Applications for court orders 12. Interlocutary injunctions 13. Freezing 'Mareva' injunctions and orders 14. Dosclosure and inspection of documents 15. Requests for further information 16. Security for costs 17. Offers to settle and payments into court 18. Interim payments 19. Striking out and discontinuance 20. Expert witnesses 21. Affidavits 22. Witness statements 23. Pre-trial review 24. Trial, judgments and orders 25. Costs 26. Enforcement of judgments 27. Appeals

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Book SynopsisFocusing on practical principles or guidelines for arbitrators, this book covers everything a prospective international commercial arbitrator should know about conducting an arbitration in Hong Kong. Specifically geared to those interested in or starting work as an international commercial arbitrator in Hong Kong, the book takes readers step-by-step through the problems that are likely to arise in the conduct of a commercial arbitration and in the development of their careers as international commercial arbitrators.Table of Contents1. Introduction 2. Theory 3. Infrastructure 4. Rules 5. Appointment 6. Start 7. Interlocutory 8. Evidence 9. Trial 10. Finish 11. ADR Support 12. Judicial Support 13. Complex Arbitrations 14. Specialized Arbitrations 15. Challenges

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Book SynopsisNow in a fully updated second edition, Rules of Evidence in International Arbitration: An Annotated Guide remains an invaluable reference for lawyers, arbitrators and in-house counsel involved in cross-border dispute resolution. Drawing on current case law, this book looks at the common issues brought up by the evidentiary procedure in international arbitration.Features of this book include: An international scope, which will inform readers from around the world A focus on evidentiary procedure, with extensive case-based commentary and examples Extensive annotations, which allow the reader to locate key precedents for use in practice This book gives essential insight into best practice for practitioners of international arbitration. Readers of this publication will gain a fuller understanding of accepted solutions to difficult procedural issues, as well as the fundamental due process considerations Table of Contents1.The Rules of Evidence and their Application 2. Depositions, Interrogatories and Judicial Notice 3. Document Production in International Arbitration 4. Witnesses of Fact 5. Party-Appointed Experts 6. Tribunal-Appointed Experts and Inspections 7. Assessing the Evidence, Burden of Proof, Adverse Inferences and Procedural Good Faith 8. Evidentiary Hearing 9. Disclosure and Admissibility of Evidence

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Book SynopsisThis book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included.Table of ContentsPart I - Background to the Singapore legislation Part II – International Arbitration Act First Schedule Uncitral Model Law on International Commercial Arbitration Second Schedule Convention on the Recognition and Enforcement of Foreign Arbitral Awards Concluded at New York on 10th June 1958 Part III – Arbitration Act (Cap. 10, 2002 Rev. Ed.) Part IV – Rules of Court Part V – Rules of the Singapore International Arbitration Centre

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