Legal systems: civil procedure, litigation and dispute resolution Books
Taylor & Francis Ltd The Expert in Litigation and Arbitration
Book SynopsisThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.Table of ContentsChapter 1. The use of experts in litigation in Germany, Volker Triebel Chapter 2. The expert in France, Michael Brisac, Bernard Peckells, Michael Chapman Chapter3. The expert in Italy, Vicenzo Vigorriti, Aldo Berlinguer Chapter 4. The expert in the USA, Faust F. Rossi Chapter 5. The expert in Australia, A.A.De Fina Chapter 6.The expert in mainland China and Hong Kong, Fei Ning Chapter 7. Expert evidence in litigation and arbitration in Hong Kong, David Leonard Chapter 8. The expert witness in medical cases, Nigel H. Harns Chapter 9. The expert witness in criminal cases, Patrick Sheen Chapter 10. The expert witness in construction dispute cases, Roger Trett Chapter 11. The expert witness in insurance and reinsurance cases, Phillippa Rowe Chapter 12. The expert witness in maritime dispute cases, Ron Vince Chapter 13. The expert witness in rent review dispute cases, Peter Wainwright, Lesley Webber Chapter 14. Interlocutory and hearing problems and the expert witness, D.Mark Cato Chapter 15. The courts and independent experts, Lesley Webber Chapter 16. Final and binding, Jonathan Gaunt, Nicholas Cheffings Chapter 17. Expert determination in commercial contracts, Doug Jones Chapter 18. Expert determination in construction disputes, Tony Ensom Chapter 19. Expert determination in rent review disputes, Tim Copper Chapter 20. Expertise v experts - the experience of the commodity sector, Graham Parr Chapter 21. Interlocutory and hearing problems inexpert determination, D.Mark Cato
£451.25
Clarus Press Ltd Civil Litigation of Commercial Fraud
Book SynopsisThis area of practice requires consideration of topics across both substantive and procedural law. The topics addressed include injunctions required to preserve assets and prevent undue dissipation by parties facing claims, orders seeking to trace misappropriated property, applications to set aside fraudulent transfers of property, orders for the disclosure of assets and transfers, shareholder protection and fraud, remedies for reckless or fraudulent trading, multi-jurisdiction issues facing litigants in this area and various common law and equitable remedies to set aside fraudulent payments and transfers.Table of Contents• Tracing • Deceit • Conspiracy • Conversion • Constructive Trusts, Liability to Account in Equity & Quistclose Trusts • Unjust Enrichment • Minority Shareholders & Fraud • Unfair Preferences and Unlawful Dispositions in Corporate Insolvencies & Fraudulent Conveyances • Misuse of the Corporate Form & Personal Liability for Reckless or Fraudulent Trading • The Mareva Injunction • Disclosure Orders • Pleading Fraud • Conflict of Laws
£209.00
Walter de Gruyter Zivilprozessordnung und Nebengesetze 592723
£239.20
de Gruyter Vdug
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£87.39
De Gruyter Digitalisierung und Zivilverfahren
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£102.38
Walter de Gruyter Digitalisierung Und Zivilverfahren
£119.96
Mohr Siebeck Der privatrechtliche Beschluss
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£102.96
Mohr Siebeck GmbH & Co. K Jenseits der Haftung
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£97.75
Mohr Siebeck GmbH & Co. K Rechtsschutz in der Zwangsvollstreckung
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£89.01
Mohr Siebeck GmbH & Co. K Schlichtung und Recht
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£92.70
Mohr Siebeck GmbH & Co. K Strukturierter Parteivortrag im Zivilprozess
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£63.72
Mohr Siebeck GmbH & Co. K Vertrag und Delikt in der europäischen
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£91.98
Mohr Siebeck GmbH & Co. K Der Gläubigerschutz in der präventiven
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£129.49
Mohr Siebeck GmbH & Co. K Strengbeweis und Freiheit richterlicher
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£86.70
Mohr Siebeck GmbH & Co. K Der Schutz von Geschäftsgeheimnissen in
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£97.75
Mohr Siebeck GmbH & Co. K Grenzen verfahrensrechtlicher Gestaltung
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£91.80
Mohr Siebeck GmbH & Co. K Spionageabwehr Und Sabotageschutz
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£71.40
Mohr Siebeck GmbH & Co. K Die Sanierungsentscheidung
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£102.00
Mohr Siebeck GmbH & Co. K Das Pfandrecht an eigener Schuld
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£62.90
Mohr Siebeck GmbH & Co. K Käuferschutzverfahren
£75.65
Kohlhammer Der Zivilprozess: Ein Lehrbuch Fur Referendariat
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£37.80
Kohlhammer W. Grundwissen Zivilrecht im Assessorexamen
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£33.30
Duncker & Humblot GmbH Verbandsklagen Im Individualinteresse
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£89.93
Duncker & Humblot GmbH Der unfreiwillig abgeschlossene Prozessvergleich
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£59.42
Springer-Verlag Berlin and Heidelberg GmbH & Co. KG Zivilprozessrecht: Erkenntnisverfahren, Zwangsvollstreckung und Europäisches Zivilprozessrecht
Book SynopsisDas vorliegende Lehrbuch stellt eine kompakte, umfassende und insbesondere für Studenten bestens geeignete Präsentation des für das Studium erforderlichen Stoffes dar. In klarer, gut leserlicher Sprache geschrieben vermittelt es Anschaulichkeit dieser oftmals der Sprödigkeit verdächtigten Materie, indem es einen ganz eigenständigen, nämlich an dem typischen Verfahrensablauf orientierten Aufbau wählt. Nicht nur, dass dem Leser dadurch der Stellenwert der jeweiligen Rechtsfiguren in ihrem jeweiligen Kontext vor Augen geführt wird; dieser diesem Buch zum Alleinstellungsmerkmal verhelfende Aufbau gestattet es darüberhinaus auch jedem ausländischen Interessierten, die Struktur des deutschen Rechts besser zu erkennen. Weiterführende Fragen stellen schließlich noch den Bezug zu anderen Rechtsmaterien her.Table of ContentsTeil I Erkenntnisverfahren: Der Streit vor dem Prozess.- Prozessvorbereitende Überlegungen.- Prozessbeginn.- Mündliche Verhandlung.- Korrekturmöglichkeiten gerichtlicher Entscheidungen.- Besondere Verfahrensarten.- Teil II Zwangsvollstreckungsrecht: Grundsätzliches.- Voraussetzungen der Zwangsvollstreckung.- Durchführung der Zwangsvollstreckung.- Ende der Zwangsvollstreckung.- Einstweiliger Rechtsschutz.- Teil III Europäisches Zivilprozessrecht: 12 Verordnung (EG) Nr. 1215/2012 des Rates vom 12. Dezember 2012 über die gerichtliche Zuständigkeit und die Anerkennung und Vollstreckung von Entscheidungen in Zivil- und Handelssachen.- Weitere Materien des Zivilprozessrechts.
£22.99
De Gruyter Das Gesamtgrundpfandrecht in der Insolvenz: Unter besonderer Berücksichtigung seiner Entstehung
Book Synopsis[The Gesamtgrundpfandrecht (Blanket Mortgage) in Insolvency. With Special Consideration to its Creation]How does a blanket mortgage work in the mortgagee's insolvency proceedings? This question led the author to the present investigation. The thesis moves between the laws regarding safeguarding of creditors and insolvency. After penetrating the doctrine behind its creation, the blanket mortgage is woven into the instruments regulating insolvency law. The creation and defeasibility of the blanket mortgage is analyzed after investigating the structure and organization of this overarching right in rem by examining its counterpart in lien law.One of the piece's linchpins is the teleology of Sections 1132 and 1222 German Civil Code. This leads back to the basic Roman legal principle of the entirety of the pledge liability - indivisa pignoris causa -. By using this principle and the structural principles and guidelines of property law, conclusions necessary for the legal creation of a blanket mortgage are drawn and then entered into the system of restraint on alienation and acquisition pursuant to Sections 81, 91 German Insolvency Statute (Insolvenzordnung) as well as those for contesting insolvency pursuant to Sections 129 ff German Insolvency Statute.
£107.95
The University of Chicago Press Lawsuits in a Market Economy The Evolution of
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
£24.00
University of California Press After Misogyny
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
£22.50
Princeton University Press The American Revolution In the Law AngloAmerican
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
£31.50
MP-KAN Uni Press of Kansas Zuni and the Courts A Struggle for Sovereign
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
£26.06
University of British Columbia Press MultiParty Litigation
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
£26.99
University of Toronto Press Courts and Trials
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
£17.09
Duke University Press Truman and the Steel Seizure Case
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
£22.79
Duke University Press Progressive Constitutionalism
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
£95.20
Duke University Press Constitutional Deliberation in Congress
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
£22.79
New York University Press A Guide to Civil Procedure
Book SynopsisShines a light on the ways in which civil procedure may privilegeor silencevoices in our justice systemIn today's increasingly hostile political and cultural climate, law schools throughout the country are urgently seeking effective tools to address embedded inequality in the United States legal system. A Guide to Civil Procedure aims to serve as one such tool by centering questions of systemic injustice in the teaching, learning, and practice of civil procedure. Featuring an outstanding group of diverse scholars, the contributors illustrate how law school curriculums often ignore issues such as race, gender, disability, class, immigration status, and sexual orientation. Too often, students view the #MeToo movement, Black Lives Matter, immigration/citizenship controversy, or LGBTQ+ issues as mere footnotes to their legal education, often leading to the marginalization of many students and the production of graduates that do not view issues of systemic injustice as central to their prTrade ReviewCogently organized with a compelling foreword and introduction, A Guide to Civil Procedure powerfully demonstrates the profound relationship between civil procedure and access to justice. -- Devon W. Carbado, author of Unreasonable: Black Lives, Police Power, and the Fourth AmendmentAn impressive collection of essays by a diverse group of leading scholars in the field. A Guide to Civil Procedure is an extraordinarily comprehensive examination of the practical and theoretical relationships among the rules, doctrines, and practices that govern civil litigation and questions of race, gender, economic inequality, nationality, sexual identity, and orientation, among others. It is an invaluable resource for anyone seeking a deeper understanding of civil procedure, how it impacts these important issues, and why it matters. -- Adam Steinman, University Research Professor of Law, The University of AlabamaExcellent and long overdue. This volume will be hugely beneficial to Civil Procedure professors and will play an important role in helping students of all backgrounds overcome their own implicit and cognitive biases to see that the law is not as blind or neutral as it is portrayed. -- Laura J. Hines, University of Kansas School of Law
£55.80
University of Toronto Press The Federal Court of Canada
Book SynopsisThe Federal Court of Canada, which existed from 1875 to 1971 under the name Exchequer Court of Canada, occupies a special place in the court structure of Canada. It was founded principally to adjudicate legal disputes in which the Canadian government was involved; since its change of name in 1971 it has become primarily an administrative appeal court dealing with the review of decisions made by federal administrative tribunals in addition to its existing jurisdictions, admiralty, intellectual property, tax, and other areas. As a federal court within the nation, its very existence has provoked discussion and debate as the various provincial court systems claim a position of primacy within our society for the adjudication of legal disputes.Central to this history of the Court is an examination of the judges who have sat on its bench. Bushnell investigates who the judges have been and examines their work, with particular focus on the judges' views of the proper approach to decis
£35.10
University of Pennsylvania Press Litigating the Pandemic: Disaster Cascades in
Book SynopsisAs officials scrambled in 2020 to manage the spread of COVID, the reverberations of the crisis reached well beyond immediate public health concerns. The governance problems that emerged in the pandemic would be problems in other climate-related disasters, too. Many of these governance problems wound up in court. Businesses filed insurance claims for lost commerce; when the claims were denied, some companies sued. Defense attorneys tried to get inmates released from prison, citing dangerous living conditions. As state governments ordered closures and otherwise tried to adapt, interest organizations that had long sought to limit government authority challenged them in court. Political officials railed against litigation they argued would stop businesses from reopening. The United States, like other countries, governs partly through litigation, and litigation is one way of seeing the multiple governance failures during the pandemic. Drawing on databases of cases filed, news reports, and the websites of advocacy groups and law firms, Susan M. Sterett argues that governing during the pandemic, or in any disaster, must include the human institutions intertwined with the effects of the virus. Those institutions reveal problems well beyond the reach of technical expertise. Failures in private insurance as a way of governing risk, conflicts about the primacy of religion, government authority, and health, are problems that predated the pandemic and will persist in future disasters.Trade Review"Litigating the Pandemic is an exciting read for scholars of court behavior, political systems analysis, public health, and disaster studies. Sterett argues that understanding pandemics as a cascading disaster reveals a complex and linked system in which courts (both the Supreme Court and the lower courts) act as the mediators of interests that may or may not serve the interests of the public." * Choice *
£30.60
Irwin Law Inc Civil Litigation
£34.38
Lincoln Institute of Land Policy Legal Issues in Property Valuation and Taxation –
Book Synopsis
£27.00
University of Tennessee Press Serpent And The Spirit: Glenn Summerford'S Story
Book Synopsis“A snake handler convicted of the attempted murder of his wife by means of serpent bite is serving ninety-nine years in prison. The reader is gradually pulled into an increasingly complex story as Thomas Burton allows the many individuals involved in this event to tell their stories. Readers are less likely to find themselves concerned with what “really” happened than with larger issues they too will become involved in. this is more than a story about the headline ‘preacher tries to murder wife – with rattlesnakes!” it is a story of individuals struggling with their faith and their fate under the steady gaze of their God.” —Ralph W. Hood Jr., winner of the American Psychological Association’s William James Award in the psychology of religionIn this comprehensive, multilayered set of narratives, the story of Glenn Summerford’s fall from grace is told by its participants, through interviews, court documents, and other primary sources. Free of either prejudice against or romanticizing about the snake-handling Holiness religion, this book presents an absorbing story of a fascinating group of people, while allowing the reader to draw his or her own conclusions about Summerford’s guilt or innocence. The Serpent and the Spirit is a startling commentary on truth and its representation, religion and its expression, humanity and its flaws.Thomas Burton is professor emeritus of English at East Tennessee State University. He is the winner of the Appalachian Consortium Laurel Leaves Award.
£21.71
Michigan State University Press Alternative Dispute Resolution in the Regulatory Process
Book SynopsisAn in-depth look at the institutionalization of alternative dispute resolution (ADR) processes in the federal and state regulatory arenas over the past twenty-five years, this volume showcases the value of these processes and highlights the potential for their expanded application and growth.It describes ADR techniques, how to use them, and how to integrate them into existing processes, using examples from the Federal Energy Regulatory Commission and three state utility regulatory commissions. The book recounts ADR successes, recognizing that traditional litigative methods may not always meet the needs of agencies, the parties, or the public. Institutionalizing these processes requires a systematic commitment to different approaches to problem-solving and, ultimately, cultural change.The authors spearheaded initiatives to integrate these processes and skills at the federal level. Drawing from valuable insights gained from their experience, the authors introduce a versatile new ADR system design model, the Voices of Value, which aims to enhance input, creativity, and effectiveness in regulatory and other public arenas as well as the private sector.
£32.26
Edward Elgar Publishing Ltd Class Actions in Context: How Culture, Economics
Book SynopsisIn recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'.Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation, and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much.This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understanding the potential impact of new legal instruments; and global lawyers who litigate transnationally.Contributors: A. Barroilhet, C. Cameron, N. Creutzfeldt, M.A. Gómez, A. Halfmeier, D.R. Hensler, C. Hodges, K.-C. Huang, J. Kalajdzic, A. Klement, B. Stier, E. Thornburg, I. Tzankova, S. VoetTrade Review'Class Actions in Context is a penetrating analysis of class and group actions worldwide. A group of international scholars brings to bear legal, economic, and political analyses of this evolving judicial remedy. It explores various substantive claims ranging from consumer protection to securities litigation. Drawing on case studies of practice as well as legal analysis, it demonstrates the importance of factors running from litigation finance to background cultural traditions. It is worth study in every legal system.' --Geoffrey C. Hazard, University of California College of the Law, San Francisco, USTable of ContentsContents: PART I INTRODUCTION 1. The Global Landscape of Collective Litigation Deborah R. Hensler PART II CULTURE 2. The Culture of Collective Litigation: A Comparative Analysis Byron Stier and Ianika Tzankova 3. Smoke Signals from the South: The Unanticipated Effects of an ‘Unsuccesful’ Litigation on Brazil’s Anti-Tobacco Wars Manuel A. Gómez 4. Using Associations as a Vehicle for Class Action: The Case of Taiwan Kuo-Chang Huang 5. The Promise and Peril of Media and Culture: The Toyota Unintended Acceleration Litigation and the Gulf Coast Claims Facility in the United States Byron Stier 6. Collective Redress in Vie d’Or: A Reflection on a European Cultural Phenomenon Ianika Tzankova PART III ECONOMICS 7. Economic Enablers Camille Cameron, Jasminka Kalajdzic and Alon Klement 8. A Class Action ‘Mash-Up’: In Re Royal Dutch/Shell Transport Securities Litigation Deborah R. Hensler 9. Litigation as ‘Core Business’: Analyzing the Access to Justice and Regulatory Dimensions of Commercially Funded Class Actions in Australia Camille Cameron 10. The Class Attorney – An Agent Without a Principle: The Israeli Case of Shemesh V. Reichart Alon Klement 11. The Engine that Drives: Fees, Costs and the Canadian Class Action Jasminka Kalajdzic PART IV POLITICS 12. The Public Dimension of Private Collective Litigation: A Comparative Analysis Deborah R. Hensler and Elizabeth Thornburg 13. Litigation Without End? The Deutsche Telekom Case and the German Approach to Private Enforcement of Securities Law Axel Halfmeier 14. The L&H Case: Belgium’s Internet Bubble Story Stefaan Voet 15. Parallel Public and Private Responses: The Buncefield Explosion Naomi Creutzfeldt and Christopher Hodges 16. Public as Private and Private as Public: MTBE Litigation in the United States Elizabeth Thornburg 17. Self-Interested Gatekeeping? Clashes Between Public and Private Enforcers in two Chilean Class Actions Agustin Barroilhet PART V CONCLUSION 18. Class Action in Context Deborah R. Hensler Index
£134.00
Edward Elgar Publishing Ltd Legal Innovations in Asia: Judicial Lawmaking and
Book Synopsis'Armed mainly with tremendous scholarly energy, the University of Washington has developed into the premier center of Asian legal studies in North America. This volume is a tribute to the breadth and depth of activity at the Asian Law Center over its first five decades, and a treasure trove of substantive insights into comparative law in Asia. As Asian law continues to attract more attention around the world, we must all be grateful for the contributions of the innovators who built the field.'- Tom Ginsburg, University of Chicago Law School, US'Professors Haley and Takenaka have put together a wonderfully eclectic collection of essays to commemorate the founding of the Asian Law Center at the University of Washington School of Law in 1964. Written by leaders in their respective fields, the essays, which explore legal developments, innovations and transplants in Japan and its neighbours, will appeal to scholars and students of Japanese law, as well as comparative lawyers with an interest in Asian law.'- Jean Ho, National University of Singapore'For fifty years now, the University of Washington's Asian Law Center has stood at the center of American scholarship on Japanese law. Its scholars have consistently produced the very best work in the field, and men and women associated with it have increasingly turned their attention to other legal systems in Asia as well. In this broad-ranging volume, the contributors explore the intriguing connections among the many legal systems at stake. They have produced a tantalizing blend of analytical depth and geographical breadth.'- J. Mark Ramseyer, Harvard Law School, USLegal Innovations in Asia explores how law in Asia has developed over time as a result of judicial interpretation and innovations drawn from the legal systems of foreign countries.Expert scholars from around the world offer a history of law in the region while also providing a wider context for present-day Asian law. The contributors share insightful perspectives on comparative law, the role of courts, legal transplants, intellectual property, Islamic law and other issues as they relate to the practice and study of law in Japan, China, Taiwan, Korea and Southeast Asia.Students and scholars of Asian law will find this a timely and fascinating read, as will legal practitioners and colleagues of the Asian Law Center.Contributors: H. Baum, D. Clarke, J. Eddy, D.H. Foote, J.O. Haley, K. Ishida, K.S. Kim, V.I. Lo, C.B. Lombardi, S. Matsui, H.D. Nam, O. Phanraska, T. Takenaka, V.L. Taylor, K. Toha, T.S. Utomo, T.-S. Wang, R. Yamakawa, D. ZangTrade Review'If any publisher can be depended upon to produce books chock full of ground-breaking research on issues pertaining to global law it must be Edward Elgar Publishing. International lawyers, scholars and academics seeking to extend their understanding of key legal systems in the Asia-Pacific region, for example, will therefore applaud this recently published title on 'Legal Innovations in Asia.'. . . Much is revealed in this fascinating volume and much can be learned from the variety of information and insightful commentary it contains, especially considering the evolutionary - and revolutionary - changes that have taken place, notably in Japan and China over the past half century since the Asian Law Centre was founded. Researchers, scholars and international lawyers seeking further insights into legal developments in Asia should certainly acquire this book.' --Phillip Taylor MBE and Elizabeth Taylor, The Barrister Magazine'Since at least 1980 American universities have taken the lead in publishing articles and books on Asian law in English. This book provides a worthwhile addition to that body of publications.' --i>Lawasia JournalTable of ContentsContents: Preface Introduction John O. Haley and Toshiko Takenaka PART 1: ASIAN LAW CENTER – THE FIRST HALF CENTURY 1. The First Decades, 1961-2000 John O. Haley 2. Navigating Law’s Asian Century Veronica L. Taylor 3. The Asian Law Center: An Evolution Jon Eddy PART II: THE ROLE OF COMPARATIVE LAW IN LEGAL INNOVATIONS 4. Comparison of Law, Transfer of Legal Concepts, and Creation of a Legal Design: The Case of Japan Harald Baum PART III: ROLE OF COURTS IN JAPAN AND LEGAL INNOVATIONS: JAPAN, CHINA, AND ISLAMIC ASIA 5. Judicial Law-making and the Creation of Legal Norms in Japan: A Dialogue John O. Haley and Daniel H. Foote 6. The Supreme Court of Japan and Online Pharmacies Shigenori Matsui 7. Civil Procedure and Anti-modern Myths in “Harmonious Society”: China and Prewar Japan Compared Dongsheng Zang 8. Judicial Activism in China Vai Io Lo 9. The Role of Courts in “Making” Islamic Law: South and Southeast Asia Clark B. Lombardi 10. Limitations on the Termination of Fixed-term Employment Contracts: Judicially Created Rules and Their Codification in Japanese Law Ryuichi Yamakawa 11. Goddess of Justice Without a Blindfold: How do Japanese Judges Treat Pro Se Litigants? Kyoko Ishida PART IV: LEGAL TRANSPLANTS AND INFLUENCE OF JAPANESE LAW IN ASIA 12. The Influence of Japanese Law on Taiwan Law Tay-Sheng Wang 13. Corporate Law and Corporate Law Scholarship in Korea: A Comparative Essay Kon Sik Kim 14. Judicial Innovation in Chinese Corporate Law Donald Clarke 15. The Influence of US and Japanese Laws upon Indonesian Law Kurnia Toha PART V: LEGAL INNOVATIONS IN INTELLECTUAL PROPERTY 16. A Change of Leadership in Patent Policy and Law Development? The Active Role Played by Japanese Courts in Japan’s Patent Term Extension Reform Toshiko Takenaka 17. Ethics Rather than Rights: Reconsidering “Transmit Rather than Create”: Toward a New Understanding of Korea’s Intellectual Property Rights Tradition Hyung Doo Nam 18. What are the Challenges Awaiting the Thai Government if the Bayh-Dole Act is Adopted in Thailand? Orakanoke Phanraska 19. Public Health and Pharmaceutical Patent Protection in Indonesia: The Implementation of the TRIPS Safeguards and other Strategies to Increase Access to Essential Medicines Tomi Suryo Utomo Index
£126.00
Edward Elgar Publishing Ltd Trademarks and Social Media: Towards Algorithmic
Book SynopsisTrademarks and Social Media supports the protection of using the trademark logo correctly on social media. This thoughtful book demonstrates how protection can be implemented within the walled gardens of social media, through the reconciliation of unauthorised use of the trademark logo on social media alongside maintaining the right to exercise freedom of expression.Legal conflicts between trademark holders, social media providers and internet users have become manifest in the light of wide-scale, unauthorised use of the trademark logo on social media in recent decades. Arguing for the protection of the trademark logo against unauthorised use in a commercial environment, this book explores why protection enforcement should be made automatic. A number of issues are discussed including the scalability of litigation on a case-by-case basis, and whether safe harbour provisions for online service providers should be substituted for strict liability. This book offers an unparalleled insight into the use of the trademark logo on social media, the consequences of incorrect use and practical solutions to achieve algorithmic justice.Scholars in the field of trademark law will find this a discerning reference tool. Policy makers and practitioners will benefit from the practical solutions presented to protect the trademark logo on social media.Trade Review'This timely monograph not only shows the need to adapt trademark law and enforcement to social media and the ever-evolving digital environment, but also why the existing legal regime fails to offer trademarked logos adequate protection. Refreshing, provocative and passionately argued, the book will be of interest to anybody interested in intellectual property law and policy and the interplay of law and technology.' --Peter K. Yu, Drake University Law School, US'Friedmann has produced an innovative and thought-provoking monograph which defies conventional wisdom and accepted norms. Friedmann's innovative perspective on managing the challenges between trademark holders, online service providers and internet users is built upon his thorough analysis of the legal landscape and technology-related trends. What makes this research so unique and intellectually stimulating is the standard Friedmann dares to set for a solution - a paradigm shift for the trademark logo, with automatic and scalable enforcement and strict liability for online service providers.' --Bryan Mercurio, The Chinese University of Hong KongTable of ContentsContents: 1. Introduction PART I STAGE, PROTAGONISTS AND LEGAL CONFLICT 2. Stage of the Legal Conflict 3. Protagonists of the Legal Conflict 4. Analysis of the Legal Conflict PART II INADEQUACY OF THE LAW 5. Trademark Infringement and its Defences 6. Trademark Dilution and its Defences 7. Intermediary Liability PART III PARADIGM CHANGE 8. Moral Right of Integrity 9. Implementation of a Paradigm Shift 10. Conclusions Bibliography Index
£122.00
Edward Elgar Publishing Ltd Research Handbook on Representative Shareholder
Book SynopsisWritten by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China. This Handbook will be an invaluable resource on this important topic for scholars of corporate law, practitioners, judges and legislators.Contributors include: D. Awrey, A. Badawi, R.A. Booth, E.A. Chiappinelli, S.J. Choi, B. Clarke, J.C. Coffee, Jr., J.D. Cox, J. Erikcson, J.J. Fedechko, J.E. Fisch, J.L. Gale, M. Gargantini, M. Gelter, S. Griffith, L.A. Hamermesh, S. Hannes, E. Kamar, C.R. Korsmo, J.T. Laster, A.M. Lipton, M. Myers, J.J. Park, A.C. Pritchard, P. Puri, A. Rickey, R. Ronnen, A.M. Rose, C. Silver, S.D. Solomon, R.S. Thomas, D. Webber, V. Winship, M. Wischmeier Shaner, C. XiTable of ContentsContents: Part I Securities Class Actions 1. The Development of Securities Litigation as a Lawmaking Partnership Jill E. Fisch 2. Securities Class Actions and Severe Frauds James J. Park 3. The Shifting Raison d’être of the Rule 10b-5 Private Right of Action Amanda Marie Rose, Part II Shareholder Derivative Suits 4. The (Un)Changing Derivative Suit Jessica Erickson 5. Claim Character and Class Conflict in Securities Litigation Richard A. Booth 6. Illegality and the Business Judgment Rule Charles R. Korsmo Part III Merger Litigation a. Managing Multijurisdictional Litigation 7. Fighting Frivolous Litigation in a Multijurisdictional World Adam Badawi 8. Addressing the “Baseless” Shareholder Suit: Mechanisms and Consequences James D. Cox 9. Who Collects the Deal Tax, Where, and What Delaware Can Do About It Sean J. Griffith and Anthony Rickey 10. Forum Shopping in the Bargain Aisle: Wal-Mart and the Role of Adequacy of Representation in Shareholder Litigation Lawrence A. Hamermesh and Jacob J. Fedechko 11. Limiting Litigation Through Corporate Governance Documents Ann M. Lipton b. Judicial Perspectives on Shareholder Litigation 12. Disclosure Settlements in the State Courts Post-Trulia: Practical Considerations James L. Gale 13. Changing Attitudes: The Stark Results of Thirty Years of Evolution in Delaware M&A Litigation J. Travis Laster 14. Appraisal Rights in Complete Tender Offers in Israel—A Look into Israeli Case-law Ruth Ronnen c. Appraisal Actions 15. Recent Developments in Stockholder Appraisal Charles R. Korsmo and Minor Myers 16. Appraisal as Representative Litigation Minor Myers Part IV Litigants and Lawfirms a. Plaintiffs and Lawfirms 17. Lead Plaintiffs and Their Lawyers: Mission Accomplished, or More to Be Done? Stephen J. Choi and A.C. Pritchard 18. The Mimic-the-Market Method of Regulating Common Fund Fee Awards: A Status Report on Securities Fraud Class Actions Charles Silver 19. What Do We Know About Law Firm Quality In M&A Litigation? Steven Davidoff Solomon and Randall S. Thomas b. Officers and Directors 20. Jurisdiction Over Directors and Officers in Delaware Eric A. Chiappinelli 21. Stockholder Litigation, Fiduciary Duties, and the Officer Dilemma Megan Wischmeier Shaner Part V Comparative and International Shareholder Litigation a. The Globalization of Shareholder Litigation 22. The Globalization of Entrepreneurial Litigation: Law, Culture, and Incentives John C. Coffee, Jr. 23. The Teva Case: A Tale of a Race to the Bottom in Global Securities Regulation Sharon Hannes and Ehud Kamar b. Comparative Shareholder Litigation 24. A Transatlantic Perspective on Shareholder Litigation in Public Takeovers Dan Awrey and Blanaid Clarke 25. Private Ordering of Shareholder Litigation in the EU and the US Matteo Gargantini and Verity Winship 26. Mapping Types of Shareholder Lawsuits across Jurisdictions Martin Gelter 27. Securities Class Actions in Canada: 10 Years Later Poonam Puri c. Other Modes of Enforcement 28. CSRC Enforcement of Securities Laws: Preliminary Empirical Findings Chao Xi Index
£231.00
Edward Elgar Publishing Legal Mobilization
£92.73
Edward Elgar Publishing Ltd Collective and Mass Litigation in Europe: Model
Book SynopsisWritten by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this 'best practice' set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.Chapters investigate important issues for mass and collective actions including certification of actions as suitable for collective treatment, collective settlement, costs and funding. Concluding with insights from class action experts outside Europe, this incisive book provides objective perspectives on this rapidly developing area of European legal practice and proposes areas where these rules may influence class actions internationally.Collective and Mass Litigation in Europe will be a key resource for scholars and students of collective redress and civil procedure. The commentary on this significant benchmark in collective redress litigation will also be of benefit to policy makers, judges and legal practitioners involved in mass claims.Trade Review'With the recent adoption of the EU Directive on collective redress, a study on the respective rules in the European Rules of Civil Procedure proposed by UNDROIT and ELI is most welcome. These rules are intended to serve as a model for national legislatures, precisely what is needed now in order to implement the new directive. The editors assembled a team of leading academics and practitioners from around the globe. The book is well-organized and not only provides a succinct commentary on the ERCP rules on collective redress, but goes beyond that by contributing to a truly in-depth understanding of the subject of collective redress in general.' -- Georg Kodek, Vienna University of Economics and Business, Austria'The concept of developing model rules for a European Civil Procedure Code has, as its zenith, the topic of collective redress, given the longstanding variances of legal attitude, culture, substantive law, and procedural rules across the EU member states on this intricate topic. This ambitious work, via its various contributors, makes an important and thoughtful contribution to the collective redress journey, by drawing out the differences, and commonalities, that inform the essential ability of any legal system to enable access to justice for those who could not otherwise afford it.' -- Professor Rachael Mulheron, Queen Mary University of London, UK'A specifically European model of collective redress is taking shape. Its progressive construction owes much to lessons learned from across the Atlantic, so that its design can be seen in many ways as a response to what was long seen as American exceptionalism. As Europe opens up to aggregate litigation and the emergence of "the statistical victim" (famously so-termed by Sheila Jasanoff), the analyses provided in this book will serve usefully to navigate the complex procedural issues that accompany the transplant.' -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: 1. General introduction Astrid Stadler, Emmanuel Jeuland and Vincent Smith 2. The concept of ‘party’ Emmanuel Jeuland 3. Joinder, consolidation and group claims Vincent Smith 4. Change of parties: representation, substitution, assignment Emmanuel Jeuland 5. Introduction: collective redress Astrid Stadler, Emmanuel Jeuland and Vincent Smith 6. Type of claim, structure and certification of collective proceedings Astrid Stadler 7. Legal standing in collective redress Ianika Tzankova 8. Case management and the role of the judge Magne Strandberg and Vincent Smith 9. Evidence in collective redress proceedings under the ERCP Fernando Gascón Inchausti 10. Calculating compensation in collective redress claims Nils von Hinten-Reed 11. Collective settlements Astrid Stadler 12. Costs and funding of collective redress proceedings Stefaan Voet 13. Cross-border issues Michael Stürner 14. ERCP collective redress and the wider world Astrid Stadler, Emmanuel Jeuland, Vincent Smith, Richard Marcus, Peter Cashman, Choong-soo Han and Hermes Zaneti Jr. Index
£126.00
