Legal systems: civil procedure, litigation and dispute resolution Books

Book SynopsisThis insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.Examining EU law and the law of several current EU member states, one former EU member state, and the US, expert contributors consider the level of coordination between financial regulation and civil liability achieved throughout different sectors of financial services and activities, such as payments, credit, and securities, as well as among the various actors involved in public, private, and hybrid enforcement, such as courts, alternative dispute resolution bodies, and financial regulators. Distinguished scholars contribute a variety of perspectives, combining top-down and bottom-up legal comparative analysis, law and economics, and experimentalist governance, in order to outline directions for cross-sector and cross-actor coordination to develop more fully at EU and national level. In doing so, they highlight the need to fundamentally rethink the role of civil liability, and private law remedies more generally, as a regulatory and compensatory tool in European financial law.Scholars across the fields of European and private law, financial regulation and economics will find this book to be an astute and engaging read. It will also prove an indispensable guide for practitioners working in financial regulation and private law throughout the EU and beyond.Trade Review‘The diverse chapters, the multi-disciplinary approach, and the conceptual introductory chapter together as well as separately offer a rich and inspiring read.’ -- Jouke Tegelaar, Common Market Law Review‘As a practitioner, frustrated by the (often) reactive and inefficient approach of our financial regulators, the contribution of the authors of this book is both welcome and thought-provoking.’ -- Chloë Bell, EU Law LiveTable of ContentsContents: Olha O. Cherednychenko and Mads Andenas: Preface PART I A GENERAL FRAMEWORK 1. Olha O. Cherednychenko: Financial Regulation and Civil Liability in European Law: Towards a More Coordinated Approach? 2. Takis Tridimas: Financial Regulation and Civil Liability: An EU Law Perspective 3. Yane Svetiev: Experimentalism and Civil Liability in Financial Product Regulation: Friends or Foes? 4. Michael G. Faure & Franziska Weber: The Optimal Enforcement Mix in the Financial Sector – A Law and Economics Perspective PART II CIVIL LIABILITY IN THE FIELDS OF PAYMENTS AND CREDIT 5. Agnieszka Janszuk-Gorywoda: Enforcing Smart: Exploiting Complementarity of Public and Private Enforcement in the Payment Services Directive 2 (PSD2) 6. Reinhard Steennot: Public and Private Enforcement of Consumer and Mortgage Credit Law PART III CIVIL LIABILITY IN THE SECURITIES FIELD 7. Federico Della Negra: The Regulatory Design and Goals of Civil Liability in EU Securities Regulation after the Global Financial Crisis: Trends and Perspectives 8. Chiara Picciau: The Civil Liability of Credit Rating Agencies to Investors in the EU 9. Francesco De Pascalis: Public Enforcement and the Civil Liability Regime in the European Regulation of Credit Rating Agencies: A Quest for Interplay 10. Marnix W. Wallinga: MiFID I & MiFID II and Private Law: Towards a European Principle of Civil Liability? 11. Antonio Marcacci: Public and Private Enforcement in the Investor Protection Field in the US and the EU: What Kind of Interplay for Europe? PART IV CIVIL LIABILITY OF FINANCIAL REGULATORS AND ADR ENTITIES 12. Elena Sedano Varo: Technical Standards and CoCo Bonds: A New Avenue for Civil Liability 13. Barbara Warwas: The Privatisation of Consumer Disputes in the EU Financial Sector and the Future of Institutional Arbitral Liability Index

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Book SynopsisOffering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters.This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions.Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration. Trade Review‘This collective endeavour is a welcome tool for practitioners and others who need, or simply wish, to uncover intricacies of the cross-border aspects of the civil procedure, access information about (primarily) the Court’s case-law and learn about identified (and some resolved) difficulties. Last but not least, this book constitutes, to my knowledge, the most up-to-date commentary on the Brussels I Bis Regulation edited in English.’ -- Magdalena Licková, EU Law Live‘This is undoubtedly the most complete and up-to-date commentary on the Brussels I bis Regulation, written by experts in the field, whose command is evident in the way in which the core rules of the law of European Civil Procedure are analysed. With solid theoretical foundations and an exhaustive analysis of the case law of the Court of Justice of the European Union and national courts, it clearly and effectively explains how the system works in its various dimensions (international jurisdiction, parallel proceedings, recognition and enforcement of decisions) and offers solutions to the practical problems that legal practitioners may encounter. A work of the highest quality and, above all, of the greatest utility.’ -- Fernando Gascón Inchausti, Universidad Complutense de Madrid, Spain‘This book is an absolutely essential source for anyone working with Brussels I bis and European procedural law, whether practitioner, judge, or academic. This multi-authored commentary makes use of a pan-European range of experts with diverse professional backgrounds and exposures to different legal cultures and traditions. The editor and authors, all with expertise in comparative procedural law and private international law, reflect a sensitivity to the need to situate each Article within the development of a European procedural law. The lengthy Introduction is particularly helpful as a reference tool for the evolution of Brussels I bis, even including Brexit. The book is an invaluable resource not only for Brussels regime novices but also for scholars of European procedural law due to the inclusion of case law of the CJEU/ECJ as well as a breadth of national law that enriches each chapter and deepens our understanding.’ -- Louise Ellen Teitz, Roger Williams University, US‘The go-to commentary for anyone – academics and practitioners alike – interested in the European law of transnational litigation regarding civil and commercial matters from a truly European perspective!’ -- Franco Ferrari, New York University School of Law, USTable of ContentsContents: Preface xxxiii Introduction 1 Burkhard Hess CHAPTER I SCOPE AND DEFINITIONS Article 1 20 Burkhard Hess Article 2 36 Marlene Brosch and Martina Mantovani Article 3 53 Martina Mantovani CHAPTER II JURISDICTION SECTION 1 GENERAL PROVISIONS Article 4 60 Cristina M. Mariottini Article 5 72 Cristina M. Mariottini Article 6 79 Cristina M. Mariottini SECTION 2 SPECIAL JURISDICTION Article 7 88 Marta Requejo Isidro, Edith Wagner and Matteo Gargantini Article 8 166 Philippos Siaplaouras Article 9 191 Marta Requejo Isidro SECTION 3 JURISDICTION IN MATTERS RELATING TO INSURANCE Article 10 196 Inga J.rvekülg Article 11 205 Inga J.rvekülg Article 12 211 Inga J.rvekülg Article 13 214 Inga J.rvekülg Article 14 223 Inga J.rvekülg Article 15 226 Marlene Brosch Article 16 234 Marlene Brosch SECTION 4 JURISDICTION OVER CONSUMER CONTRACTS Article 17 241 Stephanie Law Article 18 274 Stephanie Law Article 19 279 Stephanie Law SECTION 5 JURISDICTION OVER INDIVIDUAL CONTRACTS OF EMPLOYMENT Article 20 287 Crístian Oró Martínez Article 21 304 Crístian Oró Martínez Article 22 315 Crístian Oró Martínez Article 23 318 Crístian Oró Martínez SECTION 6 EXCLUSIVE JURISDICTION Article 24 324 Leon Marcel Kahl SECTION 7 PROROGATION OF JURISDICTION Article 25 344 Marlene Brosch and Leon Marcel Kahl Article 26 375 Felix Alexander Koechel SECTION 8 EXAMINATION AS TO JURISDICTION AND ADMISSIBILITY Article 27 417 Felix Alexander Koechel Article 28 432 Felix Alexander Koechel SECTION 9 LIS PENDENS – RELATED ACTIONS Article 29 466 Stephanie Law Article 30 484 Stephanie Law Article 31 490 Stephanie Law Article 32 500 Stephanie Law Article 33 506 Stephanie Law Article 34 513 Stephanie Law SECTION 10 PROVISIONAL, INCLUDING PROTECTIVE, MEASURES Article 35 520 Carlos Santaló Gorís CHAPTER III RECOGNITION AND ENFORCEMENT SECTION 1 RECOGNITION Article 36 548 Wiebke Voß Article 37 562 Wiebke Voß Article 38 569 Wiebke Voß SECTION 2 ENFORCEMENT Article 39 577 Giovanni Chiapponi Article 40 587 Giovanni Chiapponi Article 41 596 Giovanni Chiapponi Article 42 607 Giovanni Chiapponi Article 43 617 Giovanni Chiapponi Article 44 628 Giovanni Chiapponi SECTION 3 REFUSAL OF RECOGNITION AND ENFORCEMENT Subsection 1 Refusal of Recognition Article 45 638 Janek Tomasz Nowak and Vincent Richard Subsection 2 Refusal of Enforcement Article 46 680 Enrique Vallines García Article 47 686 Enrique Vallines García Article 48 695 Enrique Vallines García Article 49 699 Enrique Vallines García Article 50 704 Enrique Vallines García Article 51 708 Enrique Vallines García SECTION 4 COMMON PROVISIONS Article 52 719 Enrique Vallines García Article 53 724 Enrique Vallines García Article 54 735 Enrique Vallines García Article 55 744 Enrique Vallines García Article 56 756 Enrique Vallines García Article 57 758 Enrique Vallines García CHAPTER IV AUTHENTIC INSTRUMENTS AND COURT SETTLEMENTS Article 58 763 Marlene Brosch Article 59 769 Marlene Brosch Article 60 772 Marlene Brosch CHAPTER V GENERAL PROVISIONS Article 61 776 Marta Requejo Isidro Article 62 778 Marta Requejo Isidro Article 63 783 Marta Requejo Isidro Article 64 788 Marta Requejo Isidro Article 65 792 Philippos Siaplaouras CHAPTER VI TRANSITIONAL PROVISIONS Article 66 797 Burkhard Hess CHAPTER VII RELATIONSHIP WITH OTHER INSTRUMENTS Article 67 801 Cristina M. Mariottini Article 68 811 Cristina M. Mariottini Article 69 814 Cristina M. Mariottini Article 70 816 Cristina M. Mariottini Article 71 818 Cristina M. Mariottini Article 71a 828 Lena Hornkohl Article 71b 838 Lena Hornkohl Article 71c 846 Lena Hornkohl Article 71d 852 Lena Hornkohl Article 72 856 Cristina M. Mariottini Article 73 861 Cristina M. Mariottini CHAPTER VIII FINAL PROVISIONS Article 74 867 Marta Requejo Isidro Article 75 870 Marta Requejo Isidro Article 76 872 Marta Requejo Isidro Article 77 875 Marta Requejo Isidro Article 78 876 Marta Requejo Isidro Article 79 879 Marta Requejo Isidro Article 80 882 Marta Requejo Isidro Article 81 883 Marta Requejo Isidro Final 885 Marta Requejo Isidro Appendix 1: Annexes and Recitals 887 Index 898

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Book SynopsisThe Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its implementation and application.With comprehensive coverage of the relevant CJEU case law, and rigorous analysis of the jurisprudence of the Brussels Regulation, this book acts as both a detailed reference work for the understanding and practical application of the Regulation, and a roadmap for its future. It highlights the challenges involved in the application of the Regulation, such as interpretation of its concepts and the achievement of its underlying purposes, as well as the efficiency and potential costs, and provides suggestions for legislative improvements.Key Features: A focus on the interpretation and practical application of the Regulation Detailed analysis of the case law and jurisprudence Highlights both deficiencies and potential improvements Written by leading scholars in EU and Private International Law The Brussels I-bis Regulation is an important reference work for practitioners handling cross-border commercial or civil cases. It is also an invaluable educational and research tool for scholars in the fields of EU Law, private international law and commercial law.Trade Review‘This work is a formidable review of the core jurisdictional rules for commercial litigation in the EU. Complemented with key national implementation (and acutely observed uncertainties), this volume offers both a clear overview for those new to the field, and much detail for those diving deeper. It is a remarkable achievement by its reputable authors.’ -- Geert van Calster, KU Leuven, Belgium‘The merit of this book lies in its systematic and accessible review of the extensive European case law and literature spanning more than 50 years. The presentation is comprehensive, in-depth and critically reflected. The authors are recognized experts in international civil procedure. They have created a standard work that is indispensable for academics and practitioners alike.’ -- Katharina Boele-Woelki, Bucerius Law School, GermanyTable of ContentsContents: Preface Foreword 1. SCOPE OF APPLICATION, DEFINITIONS AND THE GENERAL RULE 2. SPECIAL JURISDICTION – ARTICLES 7–9 3. RULES ON JURISDICTION IN WEAKER PARTY DISPUTES 4. EXCLUSIVE JURISDICTION – ARTICLE 24 5. PROROGATION OF JURISDICTION – ARTICLES 25 AND 26 6. COMMON PROVISIONS – ARTICLES 27–35 7. RECOGNITION AND ENFORCEMENT 8. RELATION WITH OTHER INSTRUMENTS AND FINAL PROVISIONS Index

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Book SynopsisThis second edition of Mis-Selling Financial Services is a practical guide to litigating claims arising from the mis-sale of financial products and services. It covers the history of 'mis-selling' litigation and provides an updated overview of the regulatory landscape and how such claims are formulated, as well as a thorough review of the key issues. The revised chapters give an in-depth analysis of the financial products which most commonly form the subject of such claims, from credit to collective investment schemes.Key Features: Updated with new chapters on Financial Ombudsman Service (FOS) and unfair terms Explanation of the key issues and considerations concerning mis-selling litigation Clear and concise analysis on the law relating to the mis-selling of regulated financial services products Overview of the UK and European regulatory framework governing the sale of financial products, with particular focus on five key product types: credit, mortgages, investments, insurance and collective investment schemes With consideration of key legal and practical concepts and issues, this book is an essential read for practitioners and in-house counsel working in the financial services industry. Academics who are researching within the fields of financial services law or consumer protection will also find this to be an informative text.Table of ContentsContents: 1. Introduction 2. Mis-selling claims 3. Credit 4. Mortgages 5. Insurance 6. Investments 7. Collective investment schemes 8. Unfair contract terms 9. The Financial Ombudsman Service Index

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Book SynopsisAnswering the key question of whether there is an obligation for States to define and enact sound climate policies in order to avoid the impacts of global warming, this timely book provides expert analysis on recent global climate cases, assessing not only the plaintiffs’ claims but also the legal reasoning put forward by the courts. As an increasing number of environmental organisations are requiring domestic courts to answer this fundamental question, this book illustrates that more and more court decisions are confirming that the discretion held by States with regards to the issue of climate change is not unlimited. The book explores how States must also demonstrate that sufficient action is being taken to protect their citizens from risks. With in-depth assessments of common legal grounds, such as the international climate change regime, environmental law principles and human rights, it further highlights potential issues for climate litigation including the separation of powers and the standing of the plaintiffs themselves. Addressing current and emerging issues, this timely book will be an excellent resource for scholars of environmental law, climate change and human rights. Environmental activists and organisations looking for examples of initiatives to tackle issues such as environmental protection and justice will find this informative and insightful.Trade Review‘Climate change litigation is a growing field not only in practice, but also in scholarship. This book is a welcome contribution to this growing field. It carefully considers climate change litigation through the lens of international climate change law, principles of environmental law and human rights. It provides the reader with an extensive analysis of relevant case law from an extensive number of jurisdictions. The book is highly recommended for those already working in climate change litigation, but also for professionals, researchers and students who wish to learn more about how the law, and the judiciary in particular, can contribute positively to dealing with the climate change challenge before us.’ -- Francesco Sindico, University of Strathclyde, UK‘Climate in Court is a compelling read on the judicialization of climate, one of the most fascinating recent developments in the difficult process of global action on climate change. Pau de Vilchez Moragues does an excellent job illuminating claims brought by citizens and NGOs against States for their failure to adequately address climate change.’ -- Joana Setzer, London School of Economics and Political Science, UK‘Within the now substantial literature on climate litigation, the study by Dr de Vilchez Moragues is one of the rare single-authored book-length examinations of the overall phenomenon. The legal tapestry proposed by the author reveals common threads and features in what, too often, is presented elsewhere in descriptive jurisdiction-by-jurisdiction accounts.’ -- Jorge E. Viñuales, University of Cambridge, UK‘In this excellent book, the author analyses litigation against the State before the national courts for not taking adequate measures against climate change. Showing an outstanding balance between social commitment and academic rigour, it is argued that intertwined court decisions can help confirm the international obligation to reduce greenhouse gas emissions and promote compliance.’ -- Antoni Pigrau, Rovira i Virgili University, Spain‘Climate in Court offers a detailed and insightful overview of twenty cases brought against states for their failure to take adequate measures to address climate change. Analysing them from multiple angles, the author masterfully synthesises their commonalities to draw important conclusions for the study and practice of climate litigation. The book offers enlightening insights into the role that environmental principles play in domestic courts and brilliantly addresses the topical question of the relationship between human rights and climate change. Thanks to its combination of theoretical and practical insights, it will be of great interest to environmental legal scholars as well climate activists.’ -- Leslie-Anne Duvic-Paoli, Kings College London, UKTable of ContentsContents: Introduction: Unweaving the (legal) tapestry of domestic climate litigation PART I DOMESTIC CLIMATE LITIGATION:EVOLUTION,RECENT CASES AND COMMON CHALLENGE 1. Evolution of climate change case law 2. Three common challenges CONCLUSION TO PART I PART II THE LEGAL GROUNDS 3. The international legal framework on climate change 4. Principles of environmental law 5. Human rights 6. Concluding remarks Index

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Book SynopsisEuropean Rules of Civil Procedure sets out a clear examination of the Rules adopted by UNDROIT and the European Law Institute in 2020. Presented within a systematic structure to aid enhanced academic understanding, it precisely showcases the comparative knowledge of its authors.Key Features: Provides rule-by-rule explanations of the ELI-UNDROIT Model European Rules of Civil Procedure Encompasses insight from a diverse international team of authors including members of the ELI/UNIDROIT project Offers commentary on all rules of the ERCP, surveying their meaning and application as well as their collective history This in-depth Commentary will be essential for academics of European, private, corporate and commercial law disciplines wishing to sharpen their knowledge of comparative civil procedure. It will additionally benefit policy makers and practitioners with an interest in using the model rules to provide a framework for national legislation.Trade Review‘The European Rules of Civil Procedure are the outstanding product of years of work by the continent's most prominent proceduralists. Ideally these Rules will be adopted all across Europe. This book – written by many of the leading lights of the project – should be invaluable as this process of procedural integration moves forward. The new Rules provide a watershed, and this book provides an essential guide to this new regime.’ -- Richard Marcus, UC Law San Francisco, USTable of ContentsContents: Foreword xxxix Table of cases xli Table of legislation xlvii PART I GENERAL PROVISIONS 1 (Rule 1) Introduction 2 Fernando Gascón Inchausti, Vincent Smith and Astrid Stadler 2 (Rules 2–8) General Principles: Co-operation and proportionality 11 Loïc Cadiet and Soraya Amrani-Mekki 3 (Rules 21–28) General Principles: Party disposition and principle of party presentation 35 Loïc Cadiet and Soraya Amrani-Mekki 4 (Rules 11–18) General Principles: Rights of parties 61 Alexander Bruns 5 (Rules 19–20, 82, 113, 116) General Principles: Languages, interpretation and translation 79 Matthias Weller 6 (Rules 9–10, 141) Facilitating ADR and settlements: an extension of the co-operation principle 94 Laura Ervo PART II PARTIES 7 (Rules 29–46) Parties to the proceedings 109 Christoph Althammer PART III CASE MANAGEMENT 8 (Rules 47–50) Case management 156 Stefan Huber PART IV COMMENCEMENT OF PROCEEDINGS 9 (Rules 51–60) Procedural steps and contents of initial documents 180 Elena D’Alessandro 10 (Rules 142–146) Effects of proceedings once commenced – lis pendens 200 Eva Lein PART V SERVICE AND NOTICE OF PROCEEDINGS (ERCP PART VI) 11 (Rules 68–86, 134) Service and notice of proceedings 219 Dimitrios Tsikrikas and Wendy Kennett PART VI ACCESS TO INFORMATION AND EVIDENCE (ERCP PART VII) 12 (Rules 87–110, 128–129) General and procedural issues 252 Astrid Stadler and Magne Strandberg 13 (Rules 111–124, 126–127) Types of evidence 307 Michael Stürner PART VII PROCEEDINGS PREPARATORY TO A FINAL HEARING (ERCP PART V) 14 (Rules 61–67) Proceedings before a final hearing and final hearing 338 Enrique Vallines García PART VIII JUDGMENTS, RES JUDICATA AND LIS PENDENS 15 (Rules 130–133, 135–140) General rules on judgments 380 Christoph A Kern 16 (Rules 147–152) Effect of judgments – res judicata 419 Alexander Bruns PART IX MEANS OF REVIEW 17 (Rules 153–183) Means of review and appeal 433 John Sorabji PART X PROVISIONAL AND PROTECTIVE MEASURES 18 (Rules 184–203) Provisional and protective measures 492 Torbjörn Andersson PART XI COLLECTIVE PROCEEDINGS 19 (Rules 204–220, 227–228, 233–236) Collective proceedings 545 Jorg Sladič 20 (Rules 221–226, 229–232) Collective settlements 604 Fernando Gascón Inchausti PART XII COSTS AND FUNDING 21 (Rules 237–245, 125) Costs and funding 632 Vincent Smith Index 671

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Book SynopsisThis book studies three interrelated frontiers in civil justice from European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.With perspectives from an impressive selection of contributors the book takes on a pan-European perspective and zooms in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. It includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.Addressing these key issues in the current European debate on civil justice, this book will be an ideal read for academics and policy makers interested in the most recent frontier developments and innovations. Legal practitioners will also benefit from the insight into complex topics such as litigation funding, legal conflicts in a digital age, and resolving disputes in a private setting.Trade Review‘This truly topical book explores three new frontiers on the route to an efficient, cost-effective, and fair dispute resolution system adjusted to the needs of the 21st century. One of the most innovative teams of European researchers led by Xandra Kramer continues to build bridges between the old topic of access to justice and exciting contemporary challenges.’ -- Alan Uzelec, Zagreb University, Croatia‘Frontiers in Civil Justice is the fruit of a five-year project examining innovation and access to justice. Ranging from ADR, to digital justice and AI’s potential role in delivering justice, to the perennial topic of collective redress, each chapter is insightful and thought-provoking. This is a richly detailed work that repays careful study.’ -- John Sorabji, University College London, UK‘Frontiers in Civil Justice provides a fulsome account of contemporary European directives, initiatives, and case law aiming to revamp the modes by which claimants can seek remedies. Readers learn of an array of initiatives – from funding for collective redress to mandates that individuals use web-based alternatives to courts. The authors illuminate debates about whether and how these innovations can produce fair decisions and about how the public will be able to understand their import and impact.’ -- Judith Resnik, Yale Law School, USTable of ContentsContents: Preface xii 1 Frontiers in civil justice – privatising, digitising and funding justice 1 Xandra Kramer, Jos Hoevenaars and Erlis Themeli PART I ADR AND THE COURTS – SHAPING THE INTERACTION BETWEEN PUBLIC AND PRIVATE JUSTICE 2 The untapped potential of a structured interaction between courts and ADR for the resolution of consumer disputes in the EU 22 Betül Kas 3 Formal and informal justice in Belgium 40 Stefaan Voet 4 Formulating a more principled approach to ADR within the English civil justice system 61 Masood Ahmed 5 Alternative dispute resolution, justice and accountability in Norwegian civil justice 81 Anna Nylund PART II DIGITSING PRIVATE AND PUBLIC JUSTICE 6 The frontiers of digital justice in Europe 102 Erlis Themeli 7 AI and access to justice: An expansion of Adrian Zuckerman’s findings 121 Nicolas Kyriakides, Anna Plevri and Yomna Zentani 8 Automating due process – the promise and challenges of AI-based techniques in consumer online dispute resolution 142 Martin Ebers 9 E-negotiation in the EU: Current experiences, challenges, and new scenarios 169 Marco Giacalone and Seyedeh Sajedeh Salehi 10 Unpacking content moderation: The rise of social media platforms as online civil courts 193 Catalina Goanta and Pietro Ortolani 11 Access to digital justice: In search of an effective remedy for removing unlawful online content 218 Naomi Appelman, Joanna van Duin, Ronan Fahy, Joris van Hoboken, Natali Helberger and Brahim Zaroual PART III COLLECTIVISING AND MONETISING CIVIL LITIGATION 12 Dutch collective actions and the rise of entrepreneurial actors: Navigating between access to justice and a claim culture 239 Ilja Tillema 13 German collective actions – is litigation funding in a dead end? 260 Astrid Stadler 14 Transparency and oversight of class actions funding in Canada 277 Catherine Piché Index

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Book SynopsisExpertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.Trade Review‘In creating this book, Professor Jordaan has meticulously laid out his analysises and approaches, backed by cross-discipline research and data. This approach is intended to enable lawyers to advance their client's best interests outside of a traditional legal framework but with all of the expertise and problem-solving skills that being a lawyer entails, and it does it incredibly well. This book’s clean format and easy-to-follow layout allow it to be both a volume to “read” and a book to keep near to hand as a reference volume. Professor Jordaan's work here is as essential to lawyers now as Getting to Yes was forty years ago.’ -- Denise Ereka Peterson, FCIArb (Chartered Institute of Arbitrators)‘Barney Jordaan has written a text for the times. It is a classic text on international negotiation and dispute resolution, balancing theory with practice, law with behaviourism, analysis with opinion. This is a grand narrative, written with authority, poise and elan.’ -- Laurence Boulle, University of Newcastle, Australia‘The scope of the book and depth of analysis is ambitious, delivering valuable insights, ideas and tools on a wide range of topics crucial to modern legal practice. It is difficult to conceive of future-oriented lawyers operating successfully without embracing and putting into practice the negotiation skills covered in it. What really stands out for me in this comprehensive treatment is the infusion of psychology and neuroscience and their application to traditional processes of dispute prevention and resolution. Hugely valuable for anyone serious about the practice of law.’ -- Chris Todd, Bowmans, South Africa‘I highly recommend this outstanding treatise. With a focus on the role of lawyers, the treatise outlines crucial strategic decisions throughout a dispute. Bringing in the most up-to-date understanding of human behavior and weaving interdisciplinary expertise throughout, this well-organized and straightforward book makes it easy for lawyers to comprehend both the theory and practice of negotiation and dispute resolution.’ -- Andrea Kupfer Schneider, Marquette University, USTable of ContentsContents: Foreword Preface PART I THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES 1. Changes affecting the practice of law 2. The lawyer as problem solver 3. A different mindset and approach PART II HANDLING CONFLICT 4. Understanding conflict 5. Biases in decision-making PART III NEGOTIATION 6. Understanding negotiation 7. Negotiation preparation and planning 8. Negotiation planning 9. Developing a Negotiation Strategy 10. Executing the negotiation 11. Ethics in negotiation PART IV SKILLS AND COMPLICATING FACTORS 12. Essential skills for problem solving 13. Complicating factors PART V THE LAWYER AS PROCESS ARCHITECT AND ADVISER 14. Dispute resolution processes 15. Representing a client in mediation 16. Dispute process design 17. Legal fee arrangements Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index

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Book SynopsisExpertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer’s guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers.Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.Trade Review‘In creating this book, Professor Jordaan has meticulously laid out his analysises and approaches, backed by cross-discipline research and data. This approach is intended to enable lawyers to advance their client's best interests outside of a traditional legal framework but with all of the expertise and problem-solving skills that being a lawyer entails, and it does it incredibly well. This book’s clean format and easy-to-follow layout allow it to be both a volume to “read” and a book to keep near to hand as a reference volume. Professor Jordaan's work here is as essential to lawyers now as Getting to Yes was forty years ago.’ -- Denise Ereka Peterson, FCIArb (Chartered Institute of Arbitrators)‘Barney Jordaan has written a text for the times. It is a classic text on international negotiation and dispute resolution, balancing theory with practice, law with behaviourism, analysis with opinion. This is a grand narrative, written with authority, poise and elan.’ -- Laurence Boulle, University of Newcastle, Australia‘The scope of the book and depth of analysis is ambitious, delivering valuable insights, ideas and tools on a wide range of topics crucial to modern legal practice. It is difficult to conceive of future-oriented lawyers operating successfully without embracing and putting into practice the negotiation skills covered in it. What really stands out for me in this comprehensive treatment is the infusion of psychology and neuroscience and their application to traditional processes of dispute prevention and resolution. Hugely valuable for anyone serious about the practice of law.’ -- Chris Todd, Bowmans, South Africa‘I highly recommend this outstanding treatise. With a focus on the role of lawyers, the treatise outlines crucial strategic decisions throughout a dispute. Bringing in the most up-to-date understanding of human behavior and weaving interdisciplinary expertise throughout, this well-organized and straightforward book makes it easy for lawyers to comprehend both the theory and practice of negotiation and dispute resolution.’ -- Andrea Kupfer Schneider, Marquette University, USTable of ContentsContents: Foreword Preface PART I THE CHANGING WORLD OF LEGAL PRACTICE – CHALLENGES AND OPPORTUNITIES 1. Changes affecting the practice of law 2. The lawyer as problem solver 3. A different mindset and approach PART II HANDLING CONFLICT 4. Understanding conflict 5. Biases in decision-making PART III NEGOTIATION 6. Understanding negotiation 7. Negotiation preparation and planning 8. Negotiation planning 9. Developing a Negotiation Strategy 10. Executing the negotiation 11. Ethics in negotiation PART IV SKILLS AND COMPLICATING FACTORS 12. Essential skills for problem solving 13. Complicating factors PART V THE LAWYER AS PROCESS ARCHITECT AND ADVISER 14. Dispute resolution processes 15. Representing a client in mediation 16. Dispute process design 17. Legal fee arrangements Annexure A: Negotiation Preparation Template Annexure B: mediation checklist Annexure C: checklist for mixed-mode processes Annexure D: planned early dispute resolution system Annexure E: guided mediation draft clause Annexure F: Joan Ollins and Billy Branson Index

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Book SynopsisThis forward-looking book examines dispute resolution issues in the context of Belt and Road Initiative dealings between parties in ASEAN Member States, China and other trade partners. It discusses a range of commercial dispute issues and economic agreements including free trade agreements and investment agreements, both bilateral and regional.Locknie Hsu presents research on dispute settlement options and emerging issues for ASEAN businesses relating to projects and transactions undertaken in relation to the Belt and Road Initiative. She translates these options and issues into opportunities in economic treaty negotiations, utilization of national and regional dispute settlement institutions and better handling of emerging issues (such as environment-related claims and technology applications in dispute resolution) and in legal capacity-building in ASEAN. The book explores findings from academic research, empirical information, selected Case Studies (on environmental and other claims in ASEAN and beyond) and salient legal and technological developments, to provide insights and lessons that make this original book a rich and useful legal and research resource.This book’s recommendations will provide food for thought for policy-makers and treaty negotiators who are considering new possibilities and directions to make dispute settlement a better and more fruitful experience in ASEAN. It will also be of interest to practitioners, scholars and students of commercial law, international trade law and dispute resolution, particularly in an Asian context.Trade Review‘Based on most up-to-date and empirical research of the Belt and Road Initiative and its implications for business, this ground-breaking book is of enormous use for practitioners and scholars. Written by a leading expert on international economic law, it is packed with many valuable examples, case studies, judicial observations and practitioner insights.’ -- Heng Wang, UNSW Sydney, AustraliaTable of ContentsContents: Foreword Preface 1. Introduction: ASEAN businesses and the Belt and Road Initiative – risks and opportunities 2. A taxonomy of BRI disputes 3. Key findings 4. Conclusion and recommendations Index

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Book SynopsisThis volume is a first-rate collection of classic articles covering all major aspects of calculating economic damages in injury and death cases. Selected by some of the foremost practitioners in the field, the 53 articles discuss the concepts, methodologies and reasoning used by forensic economists: they examine issues involving life and worklife expectancy, earnings and earnings capacity, fringe benefits, medical and personal care costs, taxes, discounting, personal consumption, household services, hedonic damages, and the relationship of forensic economics to ethics and the law.The editors have written an authoritative introduction to complement their collection.The volume will be essential reading for practising forensic economists, lawyers and academics in the fields of forensic economics, labor economics and tort law.Trade Review‘Economic Foundations of Injury and Death Damages is a terrific collection of articles on the economics of damages payments in personal injury cases. The editors Roger Kaufman, James Rodgers, and Gerald Martin have assembled the key articles by topic and have reflected the diverse points of view. This volume brings to life many of the courtroom battles that these articles have generated. This wide ranging volume will be of enormous value to economists and practicing attorneys.' -- W. Kip Viscusi, Vanderbilt University, USTable of ContentsContents: Acknowledgements Introduction Roger T. Kaufman, James D. Rodgers and Gerald D. Martin PART I FORENSIC ECONOMICS, LAW AND ETHICS 1. Thomas R. Ireland (1997), ‘The Interface between Law and Economics and Forensic Economics’ 2. George A. Schieren (1998), ‘The Economic Framework of Personal Injury/Wrongful Death Damages’ 3. Thomas O. Depperschmidt (1997), ‘The Impact of the Daubert Decision on Forensic Economists’ 4. Francis J. Colella and Thomas R. Ireland (1998), ‘Neutrality and Advocacy: A Challenge for Forensic Economics’ 5. The National Association of Forensic Economics (2005), Statement of Ethical Principles and Principles of Professional Practice 6. American Academy of Economic and Financial Experts (2000), Statement of Ethical Principles 7. American Rehabilitation Economics Association (1998), Code of Standards and Ethics 8. American Rehabilitation Economics Association, Statement of Adherence to Ethical Principles Annual Renewal Statement PART II LIFE EXPECTANCY 9. Frank Slesnick and Robert Thornton (1994), ‘Life Expectancies for Persons with Medical Risks’ 10. James Ciecka and Peter Ciecka (1996), ‘Life Expectancy and the Properties of Survival Data’ 11. Kurt V. Krueger (1999), ‘Healthy Life Expectancy’ PART III WORK LIFE EXPECTANCY AND THE DURATION OF WORKING LIFE 12. Edward M. Foster and Gary R. Skoog (2005), ‘The Markov Assumption for Worklife Expectancy’ 13. Gary R. Skoog and James E. Ciecka (2001), ‘The Markov (Increment-Decrement) Model of Labor Force Activity: New Results Beyond Work-Life Expectancies’ 14. Frank P. Corcione and Robert J. Thornton (1991), ‘Female Work Experience: Voluntary versus Involuntary Labor Force Activity’ 15. James D. Rodgers (2001), ‘Exploring the Possibility of Worklife Expectancies for Specific Disabilities’ 16. Dennis R. Capozza, Alice Nakamura and Gregory Bloss (1989), ‘Work History in Female Earnings Loss’ 17. Frank P. Corcione and Robert J. Thornton (1998), ‘Forecasting Earnings Losses of the Disabled with the LPE Method’ PART IV PROJECTING LOST EARNINGS AND EARNING CAPACITY 18. Stephen M. Horner and Frank Slesnick (1999), ‘The Valuation of Earning Capacity Definition, Measurement and Evidence’ 19. Robert J. Thornton, James D. Rodgers and Michael L. Brookshire (1997), ‘On the Interpretation of Age-Earnings Profiles’ 20. Kurt Krueger (1999), ‘Average Change in Wages: The ECI Advantage’ 21. Ralph J. Brown (1995), ‘Loss of Earning Capacity in the Case of a Farmer’ 22. John Kane and Lawrence M. Spizman (2001), ‘An Update of the Educational Attainment Model for a Minor Child’ 23. Thomas R. Ireland and John O. Ward (1995), ‘The Investment Approach to Parental Loss in the Death of a Child: A Guide to Understanding Alternative Versions’ PART V FRINGE BENEFITS 24. Ralph R. Frasca (1992), ‘The Inclusion of Fringe Benefits in Estimates of Earnings Loss: A Comparative Analysis’ 25. James D. Rodgers (2002), ‘Valuing Losses of Pension Benefits’ PART VI ESTIMATING MEDICAL AND PERSONAL CARE COSTS IN ACCIDENT CASES 26. Frank Slesnick (1990), ‘Forecasting Medical Costs in Tort Cases: The Role of the Economist’ 27. Roger Feldman and Karl A. Egge (1995), ‘Savings Offsets in Future Care Costs for the Severely Injured: New Thoughts on an Unsettled Issue’ 28. David Strauss, Robert Shavelle, Christopher Pflaum and Christopher Bruce (2001), ‘Discounting the Cost of Future Care for Persons with Disabilities’ 29. George A. Barrett and Michael L. Brookshire (2001), ‘The Forensic Economics of Medical Monitoring Protocols’ PART VII TAXATION 30. W. Cris Lewis and Tyler J. Bowles (1996), ‘Alternative Approaches to Tax Adjustments in Appraising Economic Loss’ 31. W. Cris Lewis and Tyler J. Bowles (1999), ‘A Statistical Analysis of Federal Income Tax Rate Stability Over Time and Implications for Valuing Lifetime Earnings’ PART VIII DISCOUNTING 32. Allan M. Feldman (1990), ‘Discounting in Forensic Economics’ 33. Gary R. Skoog and Gerald D. Martin (2005), ‘The Net Discount Rate: Logical Relations Among Present Value Variables’ 34. Christopher C. Pflaum, Steven S. Duncan and Eric C. Frye (1997), ‘Historical Averages and The “Real Rate” of Interest’ 35. Richard S. Weckstein (2001), ‘Real Discounting and Inflation in Indexed Treasury Securities’ 36. Joseph H. Haslag, M. Nieswiadomy and D.J. Slottje (1991), ‘Are Net Discount Ratios Stationary?: The Implications for Present Value Calculations’ 37. Bradley Braun, Junsoo Lee and Mark C. Strazicich (2004), ‘Historical Net Discount Rates and Future Economic Losses: Refuting the Common Practice’ 38. Eric W. Christensen (1999), ‘Accounting for Age-Earnings Profiles in Net Discount Rates’ 39. James E. Payne, Bradley T. Ewing and Michael J. Piette (2001), ‘Total Offset Method: Is it Appropriate? Evidence from ECI Data’ 40. Robert R. Trout (1994), ‘Intra-Year Discounting Made Easy: A Comment’ 41. Boyd L. Fjeldsted (1993), ‘The Significance of the Distinction Between a Life Annuity and an Annuity Certain for a Term Equal to Life Expectancy: A Note’ 42. Tyler J. Bowles and W. Cris Lewis (1999), ‘Prejudgement Interest: Issues and Case Studies’ PART IX PERSONAL CONSUMPTION 43. Michael R. Ruble, Robert T. Patton and David M. Nelson (2002), ‘Patton-Nelson Personal Consumption Tables 2000-2001: Updated and Revised’ 44. Martine T. Ajwa, Gerald D. Martin and Ted Vavoulis (2000), ‘Estimating Personal Consumption With and Without Savings in Wrongful Death Cases’ 45. Roger T. Kaufman (2003), ‘Conceptual and Empirical Issues in Calculating Post-Retirement Consumption’ 46. James Ciecka, Seth Epstein and Peter Ciecka (1995), ‘Some New Estimates of Self-Consumption Allowances Using Service Flows’ 47. Christopher Bruce (1997), ‘Determination of Personal Consumption Expenditures in Fatal Accident Actions: A Note’ PART X HOUSEHOLD SERVICES 48. Ronald A. Dulaney, John H. Fitzgerald, Matthew S. Swenson and John H. Wicks (1992), ‘Market Valuation of Household Production’ 49. Thomas R. Ireland (1999), ‘Opportunity Cost vs. Replacement Cost in a Lost Service Analysis’ 50. Frank D. Tinari (1998), ‘Household Services: Toward a More Comprehensive Measure’ PART XI HEDONIC DAMAGES 51. Stan V. Smith (1996), ‘Hedonic Damages in Personal Injury and Wrongful Death Litigation’ 52. W. Kip Viscusi (1990), ‘The Value of Life: Has Voodoo Economics Come to the Courts?’ 53. W. Kip Viscusi (2000), ‘Misuses and Proper Uses of Hedonic Values of Life in Legal Contexts’ Name Index

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Book SynopsisThis well-documented book discusses the power and limitations of class actions with insights and analysis from a panel of distinguished scholars. It pays special attention to the introduction and the applicability of such a legal device in European civil law countries. The book offers a broad legal and economic investigation, drawing insights from US judicial experience and giving a rigorous discussion of both the philosophical and constitutional aspects and the economic mechanisms and incentives set up by class actions. The Law and Economics of Class Actions in Europe will be a welcome addition to the bookshelf of all those interested in the function of class action litigation for promoting justice and efficiency. In particular, it will benefit graduate and postgraduate students, researchers and academics in law, economics, and law and economics, policy makers, judges and attorneys. Contributors: J.G. Backhaus, G. Calabresi, A. Cassone, M.S. Cenini, B. Deffains, F. Denozza, N. Garoupa, A. Gidi, F. Gomez, M.F. Gouveia, S. Harnay, S. Issacharoff, E. Langlais, J. Luther, A. Marciano, G.P. Miller, F. Parisi, G.B. Ramello, L. Sacconi, M.I. Saez, F.M. Scherer, L. Toffoletti, T.S. Ulen, M. ValimakiTrade Review‘. . . this is a book which covers a broad range of issues within this rather fascinating and topical area of inquiry. Although targeted mainly at law and economics students and scholars, it should also interest commercial, corporate and IP lawyers, as well as economic theorists. Extensively footnoted, it opens up any number of avenues for further research and is, of course, an innovation in itself!’ -- Phillip Taylor and Elizabeth Taylor, The Barrister Magazine‘The Law and Economics of Class Actions in Europe marshals an impressive array of expertise from both sides of the Atlantic to illuminate the debate over class action litigation. This volume is a valuable addition to the literature on class actions in both the US and Europe.’ -- Jennifer Arlen, New York University, School of Law, US‘The availability and performance of class actions is a fundamental question being addressed in many legal systems. Class actions offer a rare opportunity for individuals with small losses to obtain redress against large companies and may provide important incentives to comply with the law. Effective class actions that provide these benefits exist in few countries. This book assembles leading scholars from around the world to provide important new insights into the theory and practice of this important legal procedure.’ -- Theodore Eisenberg, Cornell University, USTable of ContentsContents: PART I: CLASS ACTION LITIGATION: THE ORIGINS AND ITS MAIN FEATURES 1. The Law and Economics of Class Action Litigation: Setting the Research Agenda Jürgen G. Backhaus, Alberto Cassone and Giovanni B. Ramello 2. Class Actions in the US Experience: The Legal Perspective Hon. Guido Calabresi 3. Class Actions in the US Experience: An Economist’s Perception Frederic M. Scherer 4. Will Aggregate Litigation Come to Europe? Samuel Issacharoff and Geoffrey P. Miller 5. Class Action as a Remedy for Market Failure Jürgen G. Backhaus 6. The Economics of Class Action Litigation Thomas S. Ulen PART II: DISENTANGLING THE LAW AND ECONOMICS OF CLASS ACTION 7. Private, Club and Public Goods: The Economic Boundaries of Class Action Litigation Alberto Cassone and Giovanni B. Ramello 8. Class Action Finance and Legal Expense Insurance Jürgen G. Backhaus 9. Punitive Damages and Class Actions Francesco Parisi and Marta Silvia Cenini 10. A Case for Information Sharing in Class Action Suits Bruno Deffains and Eric Langlais 11. Good Law and Economics Needs Better Microeconomic Models: The Case Against ‘Contingent Fees’ as Application of Agency Models to the Professions Lorenzo Sacconi 12. Collective Litigation versus Legislation: A Rent-Seeking Approach to Class Actions Sophie Harnay and Alain Marciano PART III: COMPARATIVE LEGAL VIEWS: ISSUES, NATIONAL EXPERIENCES AND A PROPOSAL 13. Class Actions in Private Enforcement of EC Antitrust Law: The Commission Green Paper Francesco Denozza and Luca Toffoletti 14. The Enforcement of Management Passivity Duty in Take-over Law: Class Action or Government Action? Fernando Gomez and María Isabel Saez 15. The Constitutional Impact of Class Actions in European Legal Systems Jörg Luther 16. Introducing Class Actions in Finland: An Example of Law-making Without Economic Analysis Mikko Välimäki 17. Class Actions in Portugal Mariana França Gouveia and Nuno Garoupa 18. The Class Action Code: A Model for Civil Law Countries Antonio Gidi Index

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Book SynopsisThis informative book provides an overview of the law and judicial institutions pertaining to litigation in Korea, as well as a selection of important court decisions.Throughout Korea's democratization process, litigation has played a crucial role as an instrument to solve most of the challenging civic and social conflicts-which in turn have ramifications in the nation's political, constitutional, societal and cultural domains. The expert contributors explore civil procedure, criminal procedure, constitutional adjudication, administrative litigation, and patent litigation in the Republic of Korea.As the first publication in the English language to provide a comprehensive picture of litigation in Korea, this book will appeal to scholars and post-graduate students in Asian studies, as well as lawyers dealing with Korea-related cases.Kuk Cho is in the School of Law at Seoul National University, Korea.Trade Review‘. . . an invaluable contribution to Korean legal studies, primarily for being the most current, singular source covering essentials of judicial procedures in South Korea up to 2010. Readers are given an insiders’ view of courtroom procedure and politics which many may not be exposed or privy to, alongside comparative perspectives to other systems such as the United States, Germany and France. . . Litigation in Korea may be commended for being a vital contribution to the advancement of Korean legal studies.’ -- Patricia Goedde, Pacific Affairs‘Kuk Cho and his colleagues are to be heartily commended for masterfully advancing understanding of Korea’s legal system through Litigation in Korea. In this impressive volume, Professor Cho and ten talented scholars from leading Korean universities explore the full spectrum of major forms of litigation in Korea, including civil, criminal, constitutional, administrative, and patent litigation. Foreign readers will be pleased to know that while the papers are well grounded doctrinally, several also deftly explore issues of law and society. Anyone interested in litigation in Korea will be very grateful for this fine volume.’ -- William Alford, Harvard Law School, US‘This is a path-breaking volume. Covering a wide range of topics in both public and private law litigation in Korea, the authors utilize both black letter and more theoretical approaches to provide a comprehensive overview of the law. The book will be required reading for anyone wanting to understand the Korean legal system today.’ -- Tom Ginsburg, University of Chicago Law School, USTable of ContentsContents: Preface 1. Litigating in Korea: A General Overview of Korean Civil Procedure Youngjoon Kwon 2. Why Do We Pursue ‘Oral Proceedings’ in Our Legal System? Hyun Seok Kim 3. The Reformed Criminal Procedure of Post-Democratization South Korea Kuk Cho 4. The Role of the Public Prosecutor in Korea: Is He Half-Judge? Heekyoon Kim 5. The Admissibility of Suspect Interrogation Record in the New Era of Korean Criminal Procedure Yong Chul Park 6. The Structure and Basic Principles of Constitutional Adjudication in the Republic of Korea Jongcheol Kim 7. Democratic Legitimacy of Law and the Constitutional Adjudication in the Republic of Korea Woo-young Rhee 8. Korean Constitutional Court and the Due Process Clause Jibong Lim 9. Administrative Litigation in Korea: Structures and Roles in Judicial Review Hee-Jung Lee 10. Korean Administrative Cases in ‘Law and Development’ Context Daein Kim 11. Principles and Structure of Patent Litigation Sang Jo Jong Index

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Book SynopsisBased on general concepts of collective action, Private Enforcement of Antitrust analyzes how collective litigation mechanisms can be designed to encourage victims of anti-competitive conduct to access justice.Through the expert assessment of the US Federal Courts' case on competition law, alongside that of domestic Europe, Arianna Andreangeli provides a fresh response to the issues surrounding collective litigation. The discussion is skillfully placed in the wider context of competition enforcement, whilst at the same time exploring both past and present trends. The book concludes that collective litigation of competition claims must strike a 'fair balance' between respecting rules of due process and ensuring fuller access to justice.An enlightening perspective, this book will be an invaluable resource for academics and competition civil justice experts. It will also be of interest to practitioners active in competition cases and policy makers concerned with human rights issues.Contents: 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: 'aggregating' individual antitrust claimants in diffuse injury cases-the certification criteria of commonality , predominance and superiority and the obligation to serve notice 3. 'Managing' antitrust class actions under Rule 23(b)(3) FRCP: who 'plays the pipe'? And who pays the piper? 4. The EU Commission agenda on collective redress: from a 'sector specific' to a mainstream discussion of group justice questions 5. Collective litigation in competition cases in the United Kingdom: between personal autonomy in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions-the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? IndexTrade Review‘This book is a timely and thought-provoking comparative analysis of collective redress in different legal regimes. It will be of interest to both academics and practitioners who seek an understanding of current class action issues. It benefits from the author's expert knowledge of US and EU law as well as Dutch and Italian law. The diversity of jurisdictions and the author's findings, especially with regard to US class actions, challenge common assumptions and provide material for further discussion.’ -- Dr Sebastian Peyer, Global Competition Litigation ReviewTable of ContentsContents 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: “aggregating” individual antitrust claimants in “diffuse injury” cases—the certification criteria of “commonality”, predominance and superiority and the obligation to serve notice 3. “Managing” antitrust class actions under Rule 23(b)(3) FRCP: who “plays the pipe”? And who pays the piper? 4. The EU Commission agenda on collective redress: from a “sector specific” to a mainstream discussion of “group justice” questions 5. Collective litigation in competition cases in the United Kingdom: between ‘personal autonomy’ in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions—the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index

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Book SynopsisThis is the report of the Inter-Society Working Group on Hearing Disability, which was founded in 1986 and completed its work in 1991. The report proposes a method for the quantification of hearing disability resulting from hearing impairment for the purposes of description and compensation, with particular reference to noise-induced hearing deficit. The book will be of interest to medical specialists concerned with the assessment of hearing disability as well as to legal professionals dealing with compensation claims in this area and to those with an academic interest in disability assessment.Table of ContentsPart 1. Introduction. Historical Background and Terms of Reference. Rationale and Philosophy, Scope and Report. Part 2. Definitions Particular to this Report. Part 3. Technical Background. General, Surrogate Measures of disability. Characterization of The Concept of Hearing Disability. Scale relation Between Autiometric Impairment and Disability. The low Fence and The high Fence. Differential Weighting of The two Ears. Age-associated Hearing loss. Part 4. Audiometric Equipment. Equipment for Air-conduction Audiometry. Equipment for Bone-conduction Audiometry. Additional Equipment. Equipment required for Calibration of Audiometers. Quality Assurance. Quality Assurance - general. Principles of Calibration. Procedures. Background Noise Requirements for The Test Room. Specific Recommendations Applicable to Audiometry for disability Assessment. Part 5. Determining Hearing Threshold Levels in Usual cases. Audiometric Procedure - Procedure for air Conduction Testing. Procedure for Bone Conduction Testing. Reporting of Results. Sources of Error in audiometry - Sources of Objective Error. Systematic and Random Uncertainties associated With Audiometric Techniques. Uncertainties Associated With The subject. Normal Expectation of Audiometric Reliability. Abnormal Performance or unusual Occurrences. Uncertainties Associated With Audiometric Techniques. Uncertainties Associated With The Subject. Normal Expectation of Audiometric reliability. Abnormal Performance or Unusual Occurrences. Uncertainties associated With The Audiometrician and The Interpretation or Responses. Qualifications and Training of Personnel. Part 6. Determination of Hearing threshold Levels in Abnormal Cases. Detection of Spurious Hearing Threshold level (shtl). Estimation of Genuine Hearing Threshold Levels (ghtl). Part 7. Evaluation of Compensable Hearing Loss. Mandatory Requirements. Conditional and discretionary Tests. Principles of Evaluation. Age-associated Hearing Loss (aahl). Evaluation of a Conductive Component of Hearing Loss. Relevant conductive Hearing Loss. Evaluation of The Decibel Value of The Chl. Part 8. Tables for Calculating Percentage Disability. Source Material and Derivation. Basic Relation Between Hearing Threshold Level and Percentage Disability. Binaural Evaluation. Tables of Percentage Disability. Part 9. Assessment of disability. General Plan. Diagnosis of Noise-induced Hearing Loss. Assessment of Overall and Noise-induced Hearing Disability. Apportionment. How to use The tables. General Procedure. Procedure When There is a Constitutional Element. Part 10. Additional Assessment Procedures. Retrospective Assessment and Rules for Apportionment. Prognostic Assessment. Other Considerations. Tinnitus. Noise-induced Vestibular Malfunction. Use of Hearing Aids. Part 11 Contents of the Medicolegal Report. Part 12 Summary of Recommendations.

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Book SynopsisHow we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law.The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice.This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.Table of ContentsIntroduction.- Part I. An Introduction of Two Ideal Types. The Checklist and Flexible Models of Procedural Due Process.- Due process as a subject of special jurisprudence. The Checklist and Flexible models of Procedural Due Process.​- Part II. Legal Procedure as a Barrier for Access to Justice: Why Understanding Due Process and its Requirements Over Civil Procedure Matters.- The crisis of civil justice. Criticism from the access to justice movement and the reform movement in Latin America.- Preliminary exercise of a comparative perspective. Different approaches on how Due Process has been applied to common legal needs.- Part III. The Requirements of Fairness in Civil Procedure. Procedural Due Process in International Human Rights Law. Answers from Two Regional Systems.- A methodology to study two regional human rights protection systems.- The Inter-American Court of Human Rights case law on due process over civil matters.- The European Court of Human Rights case law on due process over civil or non-criminal matters.- A brief comparison between both regional systems.- Part IV. Procedural Due Process in the American Legal System.- Origins of the due process clause. The Magna Carta until its incorporation in the American Bill of Rights.- The path of procedural due process into the American Constitution. Scope of application.- Modern conceptions of procedural due process and the right to a fair trial in civil matters. Part V: Escaping from the Shadow. A Due Process Theory in Non-criminal Matters to Harmonize with Access to Justice Demands.- Why civil and criminal procedures require different theories on procedural due process.- .The right to a court as a key to understanding the right to a fair trial in civil matters.- A brief illustration of this framework. The legislative product of the Civil Justice Reform in Latin America. The case of Chile.- Conclusions.

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Book Synopsis

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Book SynopsisDieses Buch befasst sich mit dem Konflikt, dem Unternehmen im amerikanischen Zivilprozess ausgesetzt sind, wenn sie während der Discovery dem BDSG unterfallende personenbezogene Daten vorlegen müssen. Die Autorin verdeutlicht, dass sich der seit den 1980er Jahren bestehende transatlantische Justizkonflikt dabei in verstärkter Form zeigt, da nicht nur die unterschiedlichen Vorstellungen Deutschlands und der USA bei der Sachverhaltsaufklärung im Zivilprozess, sondern auch im Datenschutz aufeinandertreffen. Personenbezogene Daten dürfen nur dann in die USA übermittelt werden, wenn die verantwortliche Stelle ausreichende Garantien für das Persönlichkeitsrecht der Betroffenen im Sinne von § 4c Abs. 2 Satz 1 BDSG herstellt. Dies ist lediglich durch die Vereinbarung von Vertragsklauseln zwischen der verantwortlichen Stelle, ihren Anwälten und den Anwälten der Gegenseite möglich. Die Autorin unterbreitet deshalb konkrete Formulierungsvorschläge für solche Vertragsklauseln.Table of ContentsUrsachen und Hintergründe des Konflikts.- Datenverarbeitung im amerikanischen Zivilprozess.- Datenschutz durch eine Protective Order.- Wege der amerikanischen Gerichte zur Konfliktlösung.

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Book SynopsisDas prozessrechtliche Institut des amicus curiae („Freund des Gerichts“) hat insbesondere seit den 1990er Jahren eine Internationalisierung erfahren und Eingang in das Völkerverfahrensrecht gefunden. Dieses Buch legt eine umfassende empirische Bestandsaufnahme der amicus curiae-Praxis einer repräsentativen Auswahl internationaler Gerichte vor und greift die organisierte Zivilgesellschaft als prägende Akteurin heraus. Unter Berücksichtigung gerichtsspezifischer Besonderheiten umfasst die Bestandsaufnahme die Rechtsgrundlagen und Beweggründe sowie die bisherige Zulassungs- und Berücksichtigungspraxis und soll den theoretisch-konzeptionellen Debatten eine praktische Perspektive gegenüberstellen. Die anschließende gerichtsvergleichende Betrachtung veranschaulicht den vor internationalen Gerichten etablierten Verfahrensstandard, den Einfluss der Stellungnahmen zivilgesellschaftlicher Organisationen auf die Rechtsprechung der internationalen Gerichte sowie die Arten, Funktionen und Potentiale zivilgesellschaftlicher amici curiae in internationalen Gerichtsverfahren.Table of ContentsGegenstand der Untersuchung.- Der Begriff des amicus curiae.- Potentiale und Risiken von zivilgesellschaftlichen amici curiae vor internationalen Gerichten.- Zivilgesellschaftliche Organisationen als amici curiae vor internationalen Gerichten.- Vergleichende Betrachtung.- Schlussfolgerungen.- Literaturverzeichnis.

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Book SynopsisGregor Schmieder befasst sich in seiner Arbeit zunächst umfassend mit den Grundstrukturen zivilrechtlicher Beseitigungshaftung und findet dabei Verbindendes. Er leitet drei dogmatische Determinanten für den Anwendungsbereich des lauterkeitsrechtlichen Beseitigungsanspruchs in seinem spezifisch verbraucherschützenden Wirkbereich her. Dieses Fundament bildet den Rahmen für eine nähere Konkretisierung von Inhalt und Haftungsarchitektur des verbraucherschützenden Beseitigungsanspruchs des Lauterkeitsrechts sowie seiner Verortung im System lauterkeitsrechtlicher Rechtsdurchsetzung zum einen, im System zivilrechtlicher Beseitigungshaftung zum anderen. Der Begriff des Folgenbeseitigungsanspruchs wird im Zuge dessen entmystifiziert. Destillat der Auseinandersetzung mit den dogmatischen Grundlagen verbraucherschützender Beseitigungshaftung im Lauterkeitsrecht ist der Nachweis der Fortgeltung des Regulierungsansatzes des Informationsmodells auf der Ebene der Durchsetzung des Rechts. Das Informationsmodell auf der Durchsetzungsebene ist ein Regulierungsansatz, den es zu verfolgen lohnt. Bereits jetzt findet dieser Regulierungsansatz in den einzelnen Fallgruppen verbraucherschützender Beseitigungshaftung einen Anwendungsbereich.Table of ContentsDer negatorische Beseitigungsanspruch in § 1004 Abs. 1 BGB 10.- Die Beseitigungshaftung im gewerblichen Rechtsschutz und im Urheberrecht.- Der Beseitigungsanspruch im Kartellrecht.- Der Beseitigungsanspruch im UKlaG.- Das Konzept einer allgemeinen quasinegatorischen Beseitigungshaftung.- Zwischenfazit.- Strukturmerkmale und Charakteristika zivilrechtlicher Beseitigungshaftung.- Bestandsaufnahme zur Dogmatik des verbraucherschützenden Beseitigungsanspruchs des Lauterkeitsrechts.- Das Haftungskonzept des Gefahrenbeseitigungsanspruchs und die vermögensschützende Lesart der verbraucherschützenden Beseitigungshaftung.- Das Grundmodell der Gefahrenbeseitigung als Implikation des Abstandsgebots.- Verortung des verbraucherschützenden Beseitigungsanspruchs des Lauterkeitsrechts.

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Book SynopsisDieses Buch widmet sich dem von der Rechtsprechung geschaffenen Institut der sekundären Darlegungslast, welches in der Praxis von enormer Relevanz ist. Basierend auf einer umfangreichen Analyse der Entscheidungen des Bundesgerichtshofs werden Voraussetzungen und Rechtsfolgen der sekundären Darlegungslast umfassend dargestellt und deren Stellung im Gefüge des Zivilprozessrechts erörtert.Table of ContentsEinführung.- Das Bedürfnis der Rechtsprechung nach einem Institut wie der sekundären Darlegungslast.- Die Konturen der sekundäre Darlegungslast nach der Rechtsprechung des BGH unter Berücksichtigung der Rechtswissenschaf.- Die sekundäre Darlegungslast im Gesamtgefüge des Zivilprozessrechts.- Zusammenfassung in Thesen .- Literaturverzeichnis.

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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 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 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 is an essential resource for anybody involved in arbitration. It is an updated section-by-section commentary on the Arbitration Act 1996, split into a separate set of notes for each section, and subdivided into the relevant issues within that section. It contains elements of international comparative law, citing authorities from many other common law and civil law jurisdictions.Beyond the development of law since the last edition, this sixth edition contains new practical features to aid the reader. Each section now has a new contents table, with each separate topic set out clearly and in a logical order, which acts as reminder for the reader. Further, each separate topic now has a specific individual reference, and the topics are grouped in a more systematic and logical way within each section, to improve readability. The book is primarily aimed at practitioners of arbitration both in the UK and abroad, including solicitors, barristers, arbitrators and judgeTable of ContentsPart I Background to the Arbitration Act 1996. Part II Other provisions relating to arbitration. Part III Recognition and enforcement of certain foreign awards. Part IV General provisions.

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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 SynopsisIn the Asia-Pacific, thirty-eight jurisdictions have adopted the UNCITRAL Model Law on International Commercial Arbitration. This book looks at how the text and the principles of the Model Law have been implemented (or not) in key Asian jurisdictions. Most of the jurisdictions covered in this book have declared that they have adopted the Model Law but often with significant modifications. Even when jurisdictions adopt some provisions of the Model Law verbatim, their courts may have interpreted these provisions in a manner inconsistent with their goals and with how they are interpreted internationally. When a jurisdiction has not adopted the Model Law, the chapter compares its legislation to the Model Law to determine whether it is consistent with its principles. Each chapter follows the structure of the Model Law allowing the reader to easily compare the arbitration laws of different jurisdictions on each topic.Trade Review'Professor Bell's book is the passport that all States and jurisdictions - Asian or otherwise - should possess during the course of their Model Law journey.' Darius Chan, Asian Dispute ReviewTable of ContentsIntroduction; Part I: 1. Hong Kong Special Administrative Region, China: the adoption of the UNCITRAL Model Law on International Commercial Arbitration in Hong Kong Shahla Ali; 2. India: the 1985 Model Law and the 1996 Act: a survey of the Indian arbitration landscape Harisankar K. Sathyapalan and Aakanksha Kumar; 3. Japan: Japanese Arbitration Law and UNCITRAL Model Law Harata Hisashi; 4. Republic of Korea: Model Law in Asia: the case for Korea Hi-Taek Shin; 5. Malaysia: the arbitration regime in Malaysia: a De Jure Model Law jurisdiction? Choong Yeow Choy and Sundra Rajoo; 6. Myanmar: the Model Law: a new model for a new era in Myanmar – from the 1944 Arbitration Act to the 2016 Arbitration Law Minn Naing Oo; 7. Philippines: the application of the UNCITRAL Model Law on International Commercial Arbitration in the Philippines Rena M. Rico-Pamfilo; 8. Singapore: Singapore's implementation of the Model Law: if at first you don't succeed Gary F. Bell; Part II: 9. People's Republic of China: comparison between UN Model Law and Chinese Arbitration Law Guo Yu; 10. Indonesia: Indonesian Arbitration Law and practice: in light of the UNCITRAL Model Law Gatot Soemartono and John Lumban-Tobing; 11. Taiwan: comparative analysis of the Arbitration Law of Taiwan and the UNCITRAL Model Law Chang-fa Lo; 12. Vietnam: the Vietnamese law on Commercial Arbitration 2010 compared to the UNCITRAL Model Law on International Commercial Arbitration 2006 Hop Dang.

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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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