Legal systems: general Books

Book SynopsisThis concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.Trade Review‘This book would be a good starting place for those interested in the effect of major infrastructure projects on minority native populations.’ -- Kate E. Britt, International Journal of Legal Information‘American Law succeeds in succinctly describing the core attributes of U.S. law and jurisprudence in a straightforward manner. This book will be a useful introductory guide for a wide variety of audiences, particularly international law students and legal practitioners outside the U.S. Students and researchers in the U.S. who are new to comparative law may also benefit from reading American Law.’ -- Anna Price, International Journal of Legal Information'I love the book. I think it is a winner. It has amazing breadth and focus, a really good selection of topics, and a great connection with recent literature. This is a fabulous book and a real ''primer'': it primes the reader into thinking about American law. Students, scholars and practitioners trained in a foreign legal system will find this book an extremely useful resource. It gives both an inside and an outside perspective on American law and is a great read even for those who are already familiar with it. The author does so much more than introducing the American legal system and comparing it to foreign systems: he explains why American law is different and he does so in such an interesting way that it makes the book both a deep read and a very pleasant one.' --Giuseppe Dari-Mattiacci, Columbia Law School, US'This is a wonderful comparative introduction to American law, which will be of great interest to both foreign students and American lawyers alike. Its deep engagement with comparative materials helps situate our legal system in a broader perspective. De Geest synthesizes all the essentials in an easy-to-read text. Highly recommended!' --Tom Ginsburg, University of Chicago, USTable of ContentsContents: Preface 1. Introduction: Common Law Versus Civil Law A. American Case Method 2. American Law Is Largely Judge-Made Law 3. American Litigation Relies On Juries 4. American Law Is State Law 5. How To Read An Opinion Of An American Court 6. Langdell And The Socratic Method At American Law Schools 7. How To Prepare For Classes And Exams At American Law Schools B. Understanding American Legal Culture 8. The Theory Of Glaeser And Shleifer 9. Universalism Versus Particularism 10. Bottom-Up Versus Top-Down Legal Systems 11. Procedural Formalism 12. German Law 13. Religion, Ethics, And Law 14. Legal Realism Versus Scholastic Thinking 15. Parental Legal Systems 16. Project-Based Corporate Culture 17. Levmore’s Uniformity Thesis 18. Old Law Is Cheap Law 19. What Jurisprudence Books Do American And European Law Professors Prefer To Read? C. Substantive Legal Differences 20. Constitutional Law 21. Criminal Law And Criminal Procedure 22. Civil Procedure 23. Evidence 24. Administrative Law Is Much Thinner In The U.S. 25. Contract Law 26. Property Law And Inheritance Law 27. Intellectual Property Law 28. Tort Law And Environmental Regulation 29. Corporate Law 30. Bankruptcy Law 31. Labor And Employment Law 32. Antitrust Law D. Conclusion 33. Is American Law The Best Law? 34. Literature Index

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Book SynopsisThis innovative book proposes new theories on how the legal system can be made more comprehensible, usable and empowering for people through the use of design principles. Utilising key case studies and providing real-world examples of legal innovation, the book moves beyond discussion to action. It offers a rich set of examples, demonstrating how various design methods, including information, service, product and policy design, can be leveraged within research and practice.Providing a forward-thinking outlook, this book presents an in-depth examination of how a human-centred, visual and participatory design approach can improve legal services and outcomes. Spanning numerous fields of legal practice, from education, housing and contracts to intellectual property, it highlights how visuals, information design and better communication can help prevent and solve legal problems. Chapters explore a new vision of lawyering and its potential to encompass a more creative and collaborative approach to legal practice.Legal Design will be of benefit to students and scholars seeking an up-to-date analysis of current trends related to legal design thinking and execution. It will also be a key resource for legal practitioners, policy-makers, government officials and business professionals looking to deepen their understanding of the field and improve their own design tools.Trade Review‘Legal Design: Integrating Business, Design and Legal Thinking with Technology is a valuable addition to the literature. Whether as a broad introduction to legal design principles and methodologies, a place to be inspired by case studies and projects or as a more detailed examination of its place within the academy, it is a text that will be of interest to anybody with a curiosity about how law and design can function together to make the world a better place.’ -- Emily Allbon, The Edinburgh Law Review'Filled with actionable insights from the superstars of legal design around the world, this book will become a go-to resource for legal innovators and inspire a new breed of proactive lawyers to keep clients at the heart of their work.' -- Verity White, Checklist Legal, Australia‘This book is a thoughtful exploration of legal design, a novel human-centred paradigm for problem-solving and innovation in the legal space. The contributions range across domains – access to justice, contracts, adjudication, legal education, and more. The case studies show how legal design can make abstract legal rules and processes come to life, empowering their end-users. It is an essential reading for those interested in understanding the many faces of legal design, both from a theoretical and practical perspective.’ -- Stefania Passera, Passera Design and University of Vaasa, Finland‘Legal Design is required reading for practitioners and academics interested in the latest advances in the field. The book’s amazing breadth of coverage includes chapters on policy making, cultural conflict, intellectual property, consumer protection, tenants’ rights, commercial contracts, judicial decision making, and education. The contributors are well-known experts in the field who provide in-depth coverage of each topic. The book provides special value by combining legal design theory with many practical examples, including contract design patterns, comic contracts, visual legal advice templates and knowledge graphs.’ -- George Siedel, University of Michigan, USTable of ContentsContents: Preface x 1 A new attitude to law’s empire: the potentialities of legal design 1 Michael Doherty, Marcelo Corrales Compagnucci, Helena Haapio and Margaret Hagan 2 Prototyping for policy 9 Margaret Hagan 3 The relationship between legal and design cultures: tension and resolution 32 Michael Doherty 4 Legal design for the common good: proactive legal care by design 56 Helena Haapio, Thomas D Barton and Marcelo Corrales Compagnucci 5 Intellectual property rights and indigenous dress heritage: towards more social planning types of practices via user-centric approaches 81 Rosa María Ballardini, Heidi Härkönen and Iiris Kestilä 6 Tailor-made consumer protection: personalisation’s impact on the granularity of consumer information 105 Joasia Luzak 7 Co-designing digital tools for 21st-century tenant organizing 130 Ashley Treni and Georges Clement 8 Knowledge graphs as an example of legal design to model legal analytics for adjudication with respect for the rule of law 152 Geneviève Vanderstichele 9 Better commercial contracts with the application of functional contracting and legal design 171 Konsta Huovinen 10 Legal design in judicial decisions: Colombian case study 198 Mariana Bernal Fandiño 11 Legal design in education: ways of teaching and the role of different disciplines in building legal design competence 215 Sanna Niinikoski and Nina Toivonen Index

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Book SynopsisThis thorough and detailed book provides a comprehensive analysis of the various ways in which laws and rules are produced and lays the foundations for a systematic understanding of lawmaking as a production process. Leading scholars and experts provide coverage and insight on key issues such as the optimal specificity and timing of legal intervention, the nature of expressive law, the production of customary law, and the effect of social norms and social stigma on legal compliance. The original essays shed new light on important issues concerning the institutional design of lawmaking through the lens of economic analysis and public choice theory, and together form an important reference tool. This state-of-the-art resource forms part of the Encyclopedia of Law and Economics, and will appeal strongly to researchers and postgraduate students from both law and economics backgrounds.Trade Review’The economic analysis of the production of legal rules has been so far spread over many legal books and articles focusing on other topics. This fascinating volume, edited by Francesco Parisi, is the first book dealing with the production of legal rules in a systemic and comprehensive way. A dream-team of scholars from both the United States and Europe, use economics tools to investigate legislation, regulation, judge-made law, social norms, customary law, and international law. Legislators, regulators, judges, economists, practicing and academic lawyers should not miss reading this book.’- Ariel Porat, Tel Aviv University, IsraelTable of ContentsContents: Introduction PART I: LEGISLATION AND REGULATION 1. Constitutional Design of Lawmaking Stefan Voigt 2. General Characteristics of Rules Louis Kaplow 3. Rules versus Standards Barbara Luppi and Francesco Parisi 4. The Optimal Timing of Lawmaking Nita Ghei 5. Production of Legal Rules by Agencies and Bureaucracies Georg von Wangenheim PART II: JUDGE-MADE LAW 6. Judge-made Law Paul H. Rubin 7. Common Law and Economic Efficiency Todd J. Zywicki and Edward Peter Stringham 8. Bias in the Common Law Jef De Mot 9. Legal Traditions and Economic Performance: Theory and Evidence Carmine Guerriero PART III: SOCIAL NORMS AND CUSTOMS 10. The Focal Point Theory of Expressive Law Richard H. McAdams 11. Countervailing Norms Emanuela Carbonara, Francesco Parisi and Georg von Wangenheim 12. Social Stigma Michael Faure and Laarni Escresa 13. Self-regulation Anthony Ogus and Emanuela Carbonara PART IV: INTERNATIONAL LAW 14. International Law as a Source of Law Paul B. Stephan 15. International Treaties Vincy Fon 16. Customary International Law Jef De Mot, Vincy Fon and Francesco Parisi 17. International Organization: Institutions and Order in World Politics Alexander Thompson and Duncan Snidal PART V: FEDERALISM, LEGAL HARMONIZATION AND DEVELOPMENT 18. Federalism Robert P. Inman and Daniel L. Rubinfeld 19. Legal Harmonization Enrico Baffi and Paolo Santella 20. Forum Shopping and the Evolution of Rules of Choice of Law Nita Ghei 21. The Law and Economics of Regulatory Competition Jonathan Klick 22. Growth-oriented Legal Reforms Robert Cooter and Hans-Bernd Schäfer Index

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Book SynopsisThe dramatic growth of the Japanese economy in the post-war period, and its meltdown in the 1990s, generated major reform recommendations in 2001 from the Justice System Reform Council aimed at greater civic engagement with law. This timely book examines the regulation and design of the Japanese legal system and contributes a legal perspective to the long-standing debate in Japanese Studies: who governs Japan?Who Rules Japan? explores the extent to which a new Japanese state has emerged from this reform effort - one in which the Japanese people participate more freely in the legal system and have a greater stake in Japan's future. Expert contributors from across the globe tackle the question of whether Japan is now a judicial state, upturning earlier views of Japan as an administrative state. The book explores well-known reforms, such as lay participation in criminal justice, but also less well-canvassed topics such as industrial relations, dispute resolution, government lawyers, law within popular culture in Japan, and social welfare and the law. The blend of empiricism, policy analysis, theory and doctrine provides a discerning insight into the impact of the law reform initiatives from the Justice System Reform Council.Legal academics interested in comparative law broadly and Asian law specifically will find this book an indispensable contribution to the literature, offering a unique insight into the changing Japanese legal system. Students and scholars of Japanese Studies, especially the social sciences, will find clarity in this refreshing legal viewpoint of governance in contemporary Japan.Contributors: K. Anderson, T. Araki, S. Green, D.T. Johnson, S. Kozuka, C. Lawson, T. Ryan, L. Nottage, S. Shinomiya, L. WolffTrade Review‘Featuring eight learned contributions from a wide variety of academics, Who Rules Japan?: Popular Participation in the Japanese Legal Process is a seminal work of impressive scholarship that is very highly recommended as a critically important addition to professional, governmental, corporate, and academic library Japanese Studies reference collections and supplemental reading lists.’ -- The Midwest Book Review‘The book takes a stimulating and fresh look at the classical question: Who rules Japan? Seven highly informative analyses explore to what extent the 2001 judicial reforms have already transformed the Japanese state and paved the way for Japan’s gradual shift from its (in)famous administrative governance model to a judicial state with the “rule of law” at its center and a broader participation of citizens in the various spheres of public life.’ -- Harald Baum, Max Planck Institute for Comparative and International Private Law, GermanyTable of ContentsContents: Preface 1. Introduction: Who Rules Japan? Leon Wolff, Luke Nottage and Kent Anderson 2. Judging Japan’s New Criminal Trials: Early Returns from 2009 David T. Johnson and Satoru Shinomiya 3. Popular Participation in Labour Law: The New Labour Dispute Resolution Tribunal Takashi Araki and Leon Wolff 4. In Defence of Japan: Government Lawyers and Judicial System Reforms Stephen Green and Luke Nottage 5. Administering Welfare in an Ageing Society Trevor Ryan 6. Reforming Japanese Corrections: Catalysts and Conundrums Carol Lawson 7. Competition Law in Japan: The Rise of Private Enforcement by Litigious Reformers Souichirou Kozuka 8. When Japanese Law Goes Pop Leon Wolff Index

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Book SynopsisThis book deals with a simple problem that affects all lawyers, whether practising or in training. Anyone making any written statement about the law for other lawyers needs to know how to cite correctly every case, statute, statutory instrument and learned book or article referred to. The legal profession has evolved a customary abbreviated way of writing citations, but in the past it has been very difficult to find out what the customs are. This book claims to show how to write the citation. It features a dictionary of law reports and legal periodicals, giving their preferred abbreviations. There are also recommendations for typography and punctuation of citations with many alternatives given from which a personal style can be devised.;Derek French is the author of "Applications to Wind Up Companies" and co-author of "Mayson, French and Ryan on Company Law".

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Book SynopsisIn line with earlier editions, this book enables the student practitioner to learn the technique of advocacy by way of an analytical approach. Judge Michael Hyam believes that the principles of advocacy may be learnt by application and practice. He illustrates a method of preparing speeches which may be adapted to any kind of case, and this edition amplifies the chapters on this aspect of advocacy. The principles are explained by analysis and illustrated with examples of both good and bad practice. The reader should find that in this way the rules of good advocacy become clear and that potentially serious mistakes can be avoided. This book has expanded upon the areas of preparation in different types of cases, on the form of submissions and on advocacy in the family courts.

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Book SynopsisEvery lawyer knows of Woolmington v. Director of Public Prosecutions, the ruling which established the ‘Golden thread of English law’ whereby the burden of proof lies with the prosecutor in a criminal trial. But who was Woolmington and how many people know that he escaped the death penalty at the eleventh hour, or that he was in fact twice tried for murder? ‘Lords give man back his life’ as the Western Gazette put it. In the civil law, how and why did a Mrs. Donoghue come to be drinking a bottle of ginger beer containing the remnants of a snail, an event which would determine that ‘the categories of negligence are never closed’? And how did the tranquil market town of Wednesbury become shorthand for ‘unreasonableness’? In Famous Cases: Nine Trials that Changed the Law the authors have painstakingly assembled the less well-known background to a selection of leading cases. From Mareva (synonymous with a type of injunction) to Lord Denning’s classic ruling in the High Trees House case (the turning point for equitable estoppel) to that of the former Chilean head of state General Pinochet (in which the House of Lords heard the facts a second time) the authors offer a refreshing perspective to whet the appetite of newcomers, students and seasoned practitioners alike. The book has an authoritative introduction describing ‘The Origins of the Common Law’ and is enhanced by key extracts from the law reports reproduced courtesy of the Incorporated Council of Law Reporting for England and Wales and the Butterworths Division of Reed Elsevier (UK) Ltd — making it not just an absorbing read but an important work of reference for every legal library and collection.Trade Review'An excellent book'-- Justice of the Peace.Table of ContentsPart I: Introduction - 1: Origin And Growth Of The Common Law; Part II: Criminal Trials - 2: George Joseph Smith And The Brides In The Bath”; 3: Woolmington’s Case; 4: Gypsy Jim Smith; Part III: Civil Cases - 5: Donoghue v. Stevenson; 6: Lord Denning’s “High Trees” Case; 7: Rookes v. Barnard; 8: The Mareva Injunction; 9: Wednesbury Unreasonableness; Part IV: International Law - 10:The Trials Of Augusto Pinochet. Index.

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Book SynopsisThe Inner Temple is many things to many people: a community of highly motivated and highly trained professionals; a cluster of fine buildings in the heart of London; an honourable society with its own etiquette, rules and traditions; an institution proud of more than six centuries of history.This richly illustrated celebratory volume published on the occasion of the institution's 400th anniversary, will reflect the distinctively collegiate life in the Inner Temple through stimulating and entertaining individual memories, anecdotes and stories of members of the Society.Themes and topics in the book include: The Temple of the Knights; the coming of the lawyers; Lord Robert Dudley; the pegasus and the revels; from Chaucer to Mortimer - the Inn's literary connections; learning the law; architectural heritage' the Inn's treasures; Lord Chancellors; illustrious and notorious members; life at the Bar and in chambers; the Inner Temple and the wider world and, a day in the life of the Inn.

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Book SynopsisTrade Review"The volume offers, due to its broadness, a good overview and first introduction into the German legal system, especially for lawyers having a common law background." - The European Legal Forum, Issue 2-2009 "I bought the book in November, and it has already proved extremely useful to me, both wearing my freelance translator hat and as a part-time staff translator." - Nigel Hulbert, December 2009 "...one of the essential tools for the legal translator's toolbox." - Kriemhild Zerling, The Capital Translator (Newsletter of NCATA), March 2006 The arrival of the new edition of 'Fisher' is a great day for me as a legal translator. A marvellous resource." - Paul Gretton, November 2008Table of ContentsChapters * Historical Introduction * The Federal State * The Supreme Federal Organs * The Supreme and Other Federal Authorities * The 'Lander' * Local Government * The Constitution ('Grundgesetz') * The Basic Rights * Public and Private Law * Private Law: The Civil Code (BGB) * Private Law: BGB Company Law and The Commercial Code (HGB) * The Private Limited Company (GmbH) * Civil Procedure * Administrative Law * Administrative Procedure * Criminal Law * Criminal Procedure * Employment Law * Business Law ('Wirtschaftsrecht') * Private International Law * International Legal Co-operation * The Legal Profession and Court System Appendices A. Vocabulary: selected German and Latin words and phrases (with their English/legal meanings) B. Abbreviations C. Paragraph Register

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Book SynopsisAreas addressed include: maternal deaths, deaths in psychiatric care, human rights and causation issues. Other topics covered are: practice and procedure in medical inquests, evidence, documentation and pandemics/Covid-19. Medical Inquests critically assesses the pace of change of the law on coroner’s inquests and examines the case for change. The work is eagerly awaited in an area of law which is topical and specialised, yet of great public interest. This book will appeal to all sitting coroners, as well as barristers, solicitors, law students, bereaved families and all those who must interact with the coroner’s service, following a patient’s death, including doctors, nurses and hospital managers.Table of Contents• The Coroner’s Court: History and Function • The Changing Landscape: The 2019 Coroners Act • Causation and The Coroner’s Court • Practice and Procedure At Inquest Part I • Practice and Procedure At Inquest Part II • Documents At Inquest • Verdicts and Recommendations • Human Rights • Maternal Deaths • Judicial Review • Covid-19 and Major Disaster

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Book SynopsisDisabled Children: a legal handbook is an authoritative, yet accessible guide to the legal rights of disabled children, young people and their families in England.

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Book SynopsisEven though the Constitution proclaims treaties entered into by the United States to be part of the supreme law of the land and authorises prosecution of offences against the law of nation in federal courts, the United States has had a checkered record in ratifying human rights instruments, in upholding decisions of international tribunals, and indeed in submitting itself to the jurisdiction of such tribunals. It refused to uphold judgments of the International Court of Justice within its municipal legal system, terminated the competence of the ICJ to adjudicate international disputes to which it is a party, and attempted to undermine the functioning of the international criminal court. It engaged in armed conflicts in blatant violation of international humanitarian law and subjected belligerent detainees to unbecoming interrogation techniques. There are clear indications that the Obama administration is setting the United States on a new course of international comity and Völkerrechtsfreundlichkeit.Table of ContentsContents: American foreign policy – Prosecuting offences against the law of nations – Ratification of international human rights instruments – A juvenile justice system that violates international standards of rights of the child – A hostile attitude toward jurisprudence of international tribunals – American exceptionalism and the international criminal court – Military interventions in Kosovo, Afghanistan and Iraq.

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Book SynopsisMore than four decades have passed since the end of Khmer Rouge rule in Cambodia in 1979. Even so, the country is still coming to terms with the destruction wrought in the decade when the Khmer Rouge won and held power and, thereafter, during their guerrilla resistance to the new regime in Phnom Penh until 1998. The Khmer Rouge Tribunal (or Extraordinary Chambers in the Court of Cambodia, ECCC), established in 2006 to bring the Khmer Rouge leadership to justice, has long been the focus of scholarly attention in Cambodia’s recovery. In many ways a product of the 1990s, a time when liberal democracy appeared to be on the rise both in Cambodia and internationally, the ECCC was imagined as a ‘Transitional Justice’ initiative – while delivering justice it should also ease the transition to liberal democracy. This compelling study argues that approach is dated. The political circumstances in which the ECCC was born have changed profoundly, both globally and locally. No longer can Cambodia’s current situation be analysed solely in terms of transitional justice narratives or the work of the ECCC. Other ways in which Cambodians have come to terms with their past, and built new lives, must also be considered. Decentring the ECCC in the scholarly narrative of Cambodia’s recovery, the volume’s authors offer fascinating new insights into the Khmer Rouge period and more recent years of social, cultural and political change in Cambodia.Table of Contents Preface Contributors Introduction: Beyond Transitional Justice: Cambodians' Continuing Struggles for Truth in a Troubled World Section 1: Context 1. 'Egregious Dysfunctions': Transitional Justice in Cambodia's Limited Access Order 2. Khmers Rouges and Khmer Rights 3. The Rhetoric and Language of Justice at the ECCC 4. Narratives of Complex Political Victims: Constructing Victimhood and Negotiating 'Khmer Rouge' Identity in Post-Conflict Cambodia Section 2: Interactions 5. Upholding the Right to Effective Legal Representation in Cambodia: Lessons Learned from the Extraordinary Chambers in the Courts of Cambodia 6. The Extraordinary Chambers in the Courts of Cambodia: Failed Justice or Catalyst for Transformation? 7. Outsourcing Outreach: "Counter-Translation" of Outreach Activities at the Extraordinary Chambers in the Courts of Cambodia 8. Violent Ruptures, Collective Memory and the Temporal Borders of the ECCC in a Cambodian Village Section 3: Beyond 9. Ecocide in the Shadow of Transitional Justice: Genocidal Priming and the March of Modernity 10. Beyond Transition: Local Experiences of Change in the Forty Years Since the Fall of Democratic Kampuchea 11. The Dead, Haunting, and Reordering Cambodian Society After the Khmer Rouge 12. From Khmer Rouge Soldier to Guardian Spirit: Memorialization, Transformation, and Reunification Colour Illustrations Index

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