Private or civil law: general Books

Book SynopsisA lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.'- Graeme B. Dinwoodie, University of Oxford, UK'Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a 'must-have' for anyone entering the field from the academy, practice, government, arbitration or adjudication.'- Rochelle Dreyfuss, New York University, School of Law, US'International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!'- Christophe Geiger, University of Strasbourg, France'This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.'- Jane C. Ginsburg, Columbia University, School of Law, USElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties.Key features include:- Accessible and carefully summarized overview of the field- Comprehensive and up-to-date review of all major international intellectual property institutions and instruments- Introduces current issues within international IP negotiations- Provides tools to analyze the history and possible future development of international IP norms.Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.Trade Review‘A lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.’ -- Graeme B. Dinwoodie, University of Oxford, UK‘Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a “must-have” for anyone entering the field from the academy, practice, government, arbitration or adjudication.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!’ -- Christophe Geiger, University of Strasbourg, France‘This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.’ -- Jane C. Ginsburg, Columbia University School of Law, US‘Advanced Introduction to International Intellectual Property is an excellent, conveniently concise and thorough introduction to the concepts, actors and conventions that shape intellectual property at international level. It was written by two leading experts in the field, who also offer an insight into the key sticking points and areas where further evolution and debate can be expected in the coming years. This is a perfect addition to the existing sources in this complex field.’ -- Paul Torremans, University of Nottingham, UK‘This excellent book would be a useful text for overview courses on international intellectual property law and it provides a very helpful introduction to the field for further study.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction 1. The Institutions and Actors of International Intellectual Property 2. The Major Instruments of International Intellectual Property 3. Key Concepts of International Intellectual Property 4. The Current Norms of International Intellectual Property 5. Key Issues in International Intellectual property Index

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Book Synopsis'A clear, accurate and extraordinary concise guide to the major doctrines of private law and current thought about what they mean.- James Gordley, Tulane University School of LawElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. In this Advanced Introduction, one of the world's leading private law scholars takes the reader on an intellectual journey through the different facets and dimensions of the field, from the family home to Kuta Beach and from Thomas Piketty to Nina Hagen. This concise book provides an accessible and fresh introduction to private law, presenting the topic as a unified whole of which the main branches - on contract, tort, property, family and inheritance - are governed by conflicts between individual autonomy and countervailing principles. The book stands out as a unique account of how private law allows individuals to optimally flourish in matters of economy, work, leisure, family and life in general.Key features include:- succinct yet engaging and highly informative overview of private law, aimed at an audience of specialists and non-specialists alike- written in a clear and engaging style- ample attention to the policy choices behind the rules- examples from a wide range of jurisdictions in both Europe, the UK and the US- places private law in its larger economic and societal context- addresses the potential and the limits of private law in dealing with global societal challenges, such as economic inequality, the fair use of resources and protecting future generations- considers how the field could develop in the future. Engaging and wide-ranging, this is an excellent introduction for students and academics new to the field and allows practitioners to quickly master the core principles behind private law.Trade Review'This Advanced Introduction to Private Law reviews the development of private law on contract, tort, property, family and succession. The way in which it underlines conflicts between private autonomy and countervailing principles is fascinating for all those needing to quickly gain an understanding of the core principles and key issues on private law.' --Benedicte Fauvarque-Cosson, University of Paris II Pantheon-Assas, France'Jan Smits succeeds in giving a jargon-free and masterly concise overview of the essential questions and debates in private law. Law students would be well advised to read it twice: once at the very beginning and again at the very end of their private law studies. Non-lawyers will find it accessible and stimulating, and they will be surprised how interesting the law is, once it is reduced to its core issues.' --Stefan Vogenauer, Max Planck Institute for European Legal History, Frankfurt, Germany'This book provides a splendid overview of the key questions of private law. It is written in a crystal-clear and straightforward language and addresses all core problems of the law of contract, tort and property and of family law and succession law. All issues are placed in a wider social context and often illustrated by references to solutions of English, American, French or German law. While the book was written for a general audience and lacks technical jargon and conceptual refinements it should nonetheless be read by law students as well because it demonstrates in a stimulating and persuasive manner how private law tries to find its way between ensuring the individual's freedom of choice, on the one hand, and the search for fairness, the defense of the weak and vulnerable and the protection of the public interest, on the other.' --Hein Kotz, Max Planck Institute for Comparative and International Private Law, Hamburg, GermanyTable of ContentsContents: Preface 1. Introduction: Aims and Contours of Private Law 2. Contract Law 3. Tort Law 4. Property Law 5. Family Law 6. Succession Law 7. Epilogue Index

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Book SynopsisWhat makes private law private? What is its domain? What are the values it promotes? Relational Justice: A Theory of Private Law addresses these foundational questions in a robust analysis of the key doctrines of private law, including torts, contracts, and restitution.Discarding the vision of private law as a bastion of negative duties of non-interference or efficiency maximization, this book reframes private law in terms of what it calls ''relational justice'' - reciprocal respect for self-determination and substantive equality. By vindicating self-determination, private law can forge the horizontal interactions vital to the ability to shape and implement a conception of the good life. By structuring these interactions in terms requiring parties to respect one another for who they are, private law can cast them as interactions between equals. In the book''s first part, the authors set out a normative position they term relational justice, whereby the rules of private law abide by the

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Book SynopsisThe 4th and final volume in the series defines the philosophical basis for criminalizing so-called "victimless crimes", such as pornography and consensual sexual activity.Trade Review`It is comprehensive, systematic, argued with a rigour and scrupulousness unmatched, let alone surpassed, in any comparable study.' Times Literary Supplement`the most comprehensive and fully argued liberal treatment of the moral limits of the criminal law yet to be produced' Times Higher Education Supplement'full of detail and careful argument ... a very subtle and nuanced book ... The work is wide-ranging, and has value for those with interests in social philosophy and ethics as well as philosophers of law.' Joel J. Kupperman, University of Connecticut, Mind, Vol. 101, No. 401, Jan 1992

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Book SynopsisA lucid, lively, and definitive one-volume history of the USA''s highest court. Schwartz ranges from the earliest history of court dress to history''s most important cases in this illuminating examination.Trade Reviewthe best one-volume history of the US Supreme Court * Library Journal *

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Book SynopsisIn The Rehnquist Court and the Constitution, Tinsley Yarbrough provides a comprehensive look at today''s Supreme Court Justices and their record--a study all the more valuable for the Court''s mixed decisions and hard-to-categorize course. An accomplished biographer, Yarbrough offers incisive portraits of the nine who now sit on the high bench, and tellingly reviews their nomination hearings. He also explores the workings of the Court, ranging from the selection and role of the clerks to the work load (including the end-of-term June crunch) and assignment of opinions. But the heart of the book is a systematic exploration of the Court''s record in such fields as government power, economic regulation, and criminal justice. In decision after decision, the author discusses the various justices'' opinions, arguments, and legal theories; he also offers his own analysis (including a sharp critique of the decision to allow the Paula Jones lawsuit to move forward). Like many writers on the RehTrade Review"Meticulously researched, expertly analyzed, and written clearly and comprehensively, this book has captured the essence of the universe of the Rehnquist Court and its Justices. One of the country's foremost judicial biographers, Yarbrough has succeeded admirably in presenting and evaluating that tribunal's record in learned, objective, no-nonsense compass. It is a splendid work."--Henry J. Abraham, James Hart Professor of Government and Foreign Affairs, Emeritus, University of Virginia"Tinsley Yarbrough adds to his already impressive list of Supreme Court 'biographies this compelling study of Chief Justice William H. Rehnquist and his colleagues. Like his previous books, this new one is a model of scholarship, rooted as it is in the best sources and balanced as it is in its approach to not only Chief Justice Rehnquist but to the complex and highly competitive justices who make the nation's constitutional law. We are fortunate to have a scholar of Yarbrough's good judgment, clear intelligence, and fine writing skills to help us fix the Court in the larger universe of Ronald Reagan and his legacy of a thoroughly conservative federal judiciary."--Kermit L. Hall, Provost and Vice Chancellor for Academic Affairs and Professor of History, North Carolina State University"In this timely study a mature scholar weights the successes and failures of conservative attempts to 'Reaganize' the Supreme Court and constitutional law. Yarbrough's mixed balance sheet is fair-minded, succinct, insightful, and laced with fresh detail. Highly recommended to students, teachers, and general readers alike." --J. Woodford Howard, Jr., Thomas P. Stran Professor Emeritus of Political Science, The Johns Hopkins University"The Supreme Court may be an issue in the presidential election: seven of the justices were named by Republicans; just two by a Democrat. Since the next president may nominate several, this analysis of the Rehnquist Cousrt is timely."--Booklist"This is one of the most thorough and incisive guides to date on the thinking and deliberative process of the Supreme Court under Chief Justice William Rehnquist."--Publishers Weekly"Yarbrough, author of widely respected earlier works on the Supreme Court, has produces another outstanding volume that belongs on the bookshelf of all Court observers. In this case, Yarbrough offers astute analysis and cogent criticism of the High Court under the chief justiceship of William H. Rehnquist, who was appointed to the bench by President Nixon and elevated to the position of Chief Justice by President Reagan.... If one were to read a single work on the Rehnquist Court to this point, one should look no further than this fine, persuasive volume."--Library Journal

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Book SynopsisExamining the underlying theory of evidence in Anglo-American legal systems, this book describes the basic traits of adjudicative fact-finding and explores the epistemological foundations of the concept. It develops a theory which sets aside the traditional vision of evidence law as facilitating the discovery of the truth.Trade Reviewthe most provocative of evidence books ... constitutes the most sophisticated and persuasive argument for enormously enhanced legal control over the evidentiary process in recent memory, and stands in marked contrast to the progression of the law of evidence in the Anglo-American world...Foundational to [Stein's] call for intense control over the evidentiary process is his deep insight that rules of evidence do not just do what they purport to do; they also allocate error, like it or not. He is right on this point... [he] articulates an elegant unified theory of evidence law ... From these theoretical perspectives, he brilliantly critiques various evidentiary rules...[and] provides a creative theoretical foundation for both civil and criminal litigation. * Ronald J. Allen, 27 Law & Philosophy (2008) *Without sharing all positions of Prof. Stein ... one has to salute the effort accomplished to prevent the law of evidence from oozing away in the lazy folds of the Cartesian spirit. * Rafael Encinas de Munagorri, 2-2007 Revue Internationale de Droit Compare 457 (in French) *Alex Stein may be the Ronald Dworkin of evidence law. Foundations of Evidence Law ... offers an alternative to Bentham's influential evidentiary views...Like Dworkin's theory of law generally, Stein attempts to locate and justify the law of evidence within the domain of political morality, that is, to legitimate and justify the coercive state authority that the law of evidence helps to initiate. [The] "foundations" that Stein articulates seek to describe and explain... Anglo-American evidentiary practices in light of a few broad principles that in turn justify the practices in terms of political morality...a significant book [that] offers unique and powerful arguments regarding virtually every important evidentiary issue, and it pushes the debates regarding these issues forward. * Michael S. Pardo in 5(2) International Commentary on Evidence (2007) *Foundations of Evidence Law ... represents an important first attempt to base evidence doctrine on something more than armchair psychology, to provide a justification for and conceptual unity to what has hitherto been regarded as an incoherent patchwork of historical hangovers from outdated assumptions about fact-finding, and to make clear the value of probability theory. As such, it deserves to be read and engaged with by all evidence scholars, whether interested in evidence law alone or more widely in the processes of proof. * Donald Nicolson, Legal Studies *...Although this book contains much that is challenging and controversial, there can be little doubt that it is one of the most significant and stimulating monographs on evidence law to have been published in recent years. * Roderick Bagshaw, Law Quarterly Review 168, 172, 2007 *[Foundations of Evidence Law] attempt[s] the monumental task of combining the contributions of the New Evidence Scholarship with those of doctrinal evidence lawyers and those who see evidence as encapsulating social values. Even works of partial synthesis are rarely encountered, and so Stein is to be congratulated on not only making an attempt to square the whole circle, but on making such a credible attempt. ... Stein has provided us with an extremely thoughtful and thought-provoking theory of evidence law. Both his objective and his conclusions are bold, and the reader is forced at every stage in the argument to consider whether she accepts the line that Stein takes, and why. Even if one does not accept that Stein's theory is uniquely correct, it is difficult not to accept that it is at least valid. * Deirdre M. Dwyer, 5 Law, Probability and Risk 75 at 79 & 85 (2006). *Table of ContentsACKNOWLEDGEMENTS ; PREFACE ; I. GROUNDWORK ; II. EPISTEMOLOGICAL COROLLARY ; III. UNDERSTANDING THE LAW OF EVIDENCE THROUGH PARADOXES OF RATIONAL BELIEF ; IV. EVIDENCE LAW: WHAT IS IT FOR? ; V. COST-EFFICIENCY ; VI. ALLOCATION OF THE RISK OF ERROR IN CRIMINAL TRIALS ; VII. ALLOCATION OF THE RISK OF ERROR IN CIVIL LITIGATION

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Book SynopsisThis volume explores the classification of obligations. Contributions include A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages by Jane Stapleton; Basic Obligations by James Penner; and an essay by Peter Birks himself entitled, Definition and Division: A Meditation on Institutes.Trade ReviewBirks is to be commended on the even-handedness of his editorship on treatments of a matter about which he feels so strongly ... Who can read Birks and not feel the power of his passionate criticisms of what often now passes for legal education? * David Campbell, Journal of Law and Society *Table of ContentsEditor's Preface ; Table of Cases ; One: Definition and Division: A Meditation on Institutes ; Two: The Juridical Classification of Obligations ; Three: Legal Classification as the Production of Knowledge Systems ; Four: The Classification of Obligations and Legal Education ; Five: Basic Obligations ; Six: More than a Trace of the Old Philosophy ; Seven: Patterns of Fusion ; Eight: A New 'Seascape' for Obligations: Reclassification on the Basis of Measure of Damages ; Nine: Is there a Future for International Torts? ; Ten: Private Law, Economic Rationality and the Regulatory State

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Book SynopsisFourth in the SPTL seminar series, this book explores the concepts of privacy and loyalty in the law of obligations. Essays combine practical and academic perspectives that highlight contemporary trends in the law of obligations. In addition, there is an extended Introduction.Table of Contents1. Privacy as a Constitutional Right and Value ; 2. Privacy-related Rights: Their Social Value ; 3. Privacy and Political Speech ; 4. Comparative Rights of Privacy of Public Figures ; 5. Obstacles on the Path of Privacy Torts ; 6. The Flight to the Fiduciary Haven ; 7. Constructive Fiduciaries? ; 8. Reflections on Identification of Fiduciaries ; 9. Fiduciaries in Context: An Overview

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Book SynopsisPleadings Without Tears has become established as one of the most successful books on practical legal drafting in the context of litigation. This new ninth edition is fully updated to take account of all Civil Procedure Rule (CPR) changes since the last edition.The book takes a practical and insightful look at the subject of legal drafting, enabling the reader to become confident in approaching this often unnecessarily daunting subject. It focuses on core skills and fundamental rules while clearly addressing each stage of the process, and goes beyond a straightforward setting out of the precedents and authorities relevant to statements of case. Giving clear examples of how to set out relevant matters with clarity and precision, this book encourages the reader to give full consideration to concise and clear identification of the subject matter of the action, the issues of the case, and the parties'' respective positions in respect to those issues. With a wealth of practical examples and anecdotes - and illustrated throughout with cartoons - the light and entertaining style, combined with detailed analysis and explanation, enables the reader to easily acquire a thorough understanding of drafting.Table of ContentsPillars of Understanding (General Principles)Getting the Show on the Road (The Claim)Making a Fight of It (The Defence and Counterclaim)The Right to Reply (The Reply)Don't Answer Back (Rejoinder, etc)Pray - Tell Me (The Request for Further Information)'Just to Let You Know...' (The Answer to a Request for Further Information)Come and Join In (Additional Claims Against Third Parties)Pieces of Eight (The Part 8 Procedure)'To Tell You The Truth...' (Witness Statements, and the Odd Affidavit)Just a Minute (Minutes and Agreed Orders)Bones of Contention (The Skeleton Argument)A Matter of Opinions (Opinion Writing)

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Book SynopsisPaul Davies and Graham Virgo present a clear and engaging text, cases, and materials approach, providing a contextualized and authoritative account of equity and trusts.Trade ReviewReview from previous edition Clear, student-friendly, close to the course; an excellent introduction to a wide range of reading materials. * Dr Dominic de Cogan, Christ's College, Cambridge *A superb book - a coherent, yet erudite, exposition of the law with an excellent selection of cases and materials. * Hazel McLean, University of Exeter *I think this is an excellent part of the suite of textbooks for trusts law. It has a good combination of texts, cases and materials, and I think this is one of the more accessible textbooks on the subject. * Dr Craig Prescott, University of Winchester *Table of ContentsPart I Introduction to Equity and Trusts 1:: Introduction to equity 2:: Introduction to trusts Part II Express Private Trusts 3:: The requirements of an express trust 4:: Creation of express trusts Part III Purpose Trusts 5:: Charitable purpose trusts 6:: Non-charitable purpose trusts Part IV Non-express Trusts 7:: Constructive trusts 8:: Resulting trusts 9:: Informal arrangements relating to land Part V Beneficiaries 10:: Beneficiaries Part VI Trustees 11:: General principles relating to trustees 12:: The administration of trusts 13:: Dispositive powers and duties 14:: Fiduciary obligations Part VII Variation 15:: Variation of trusts Part VIII Breach 16:: Liability for breach 17:: Personal claims and remedies 18:: Proprietary claims and remedies 19:: Third party liability Part IX Orders 20:: Equitable orders

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Book SynopsisFoundations of Private Law is a treatise on the Western law of property, contract, tort and unjust enrichment in both common law systems and civil law systems. The thesis of the book is that underlying these fields of law are common principles, and that these principles can be used to explain the history and development of these areas. These underlying common principles are matters of common sense, which were given their archetypal expression by older jurists who wrote in the Aristotelian tradition. These principles shaped the development of Western law but can resolve legal problems which these older writers did not confront.Table of ContentsI THE ENTERPRISE ; 1. Basic Principles ; 2. Differences among Legal Systems ; II PROPERTY ; 3. Possession and Ownership ; 4. The Extent of the Right to Use Property: Nuisance, Troubles de voisinage, and Immissionenrecht ; 5. Private Modification of the Right to use Property: Servitudes ; 6. Rights Annexed to the Use of Property: The Case of Water Rights ; 7. Loss of Resources without the Owner's Consent: Necessity and Adverse Possession ; 8. Acquisition of Resources without a Prior Owner's Consent: Minerals, Capture, Found Property ; III TORTS ; 9. The Structure of the Modern Civil and Common Law of Torts ; 10. The Defendant's Conduct: Intent, Negligence, Strict Liability ; 11. Liability in Tort for Harm to Reputation, Dignity, Privacy, and 'Personality' ; 12. Liability in Tort for Pure Economic Loss ; IV CONTRACTS ; 13. Promises ; 14. Mistake ; 15. Impossibility and Unexpected Circumstances ; 16. Promises to Make a Gift ; 17. Promises to Exchange ; 18. Liability for Breach of Contract ; V UNJUST ENRICHMENT ; 19. The Principle against Unjustified Enrichment ; 20. Restitution without Enrichment? ; 20. Remedies in Restitution

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Book SynopsisThis book provides the most comprehensive description of the German law of unjustified enrichment in the English language. It explains to common law readers how German law generally allows restitution for transfers made without legal ground (rather than on the basis of individual unjust factors), an approach which the late Peter Birks proposed for English law to adopt, and which the House of Lords was careful not to rule out for the future in Deutsche Morgan Grenfell v Inland Revenue. Part I explains the workings of German unjustified enrichment law within the particular context of German contract, tort and property law. It shows how the German general unjust enrichment clause is controlled by limiting its scope to intentional transfers, and complemented by specific grounds of unjust enrichment. This part also explains defences against and measure of enrichment claims. Part II places German law in the comparative context of three different fundamental approaches towards unjustified enrichment, shows some unexpected similarities between English and German law, and discusses whether English law could and should adopt the German approach. The book gives equal prominence to structural issues and legal doctrine on the one hand, and practical application of the law on the other. It provides leading German cases and relevant statutory provisions in English translation.Trade ReviewThis superb book is a model of how comparative law can be done. It provides an excellent balance between an overview of a distinct area of the law, detailed discussion of the issues that arise across the whole spectrum of that law, and a significant contribution to an ongoing debate that is of major domestic and wider comparative interest...All in all, the book is a stimulating, learned and invaluable companion to anyone interested in the subject * Robin Evans-Jones, The Edinburgh Law Review *Table of ContentsI UNJUSTIFIED ENRICHMENT AND RESTITUTION IN GERMAN LAW; II THE WIDER COMPARATIVE PERSPECTIVE

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Book SynopsisA Restatement of the English Law of Unjust Enrichment represents a wholly novel idea within English law. Designed to enhance understanding of the common law the Restatement comprises a set of clear succinct rules, fully explained by a supporting commentary, that sets out the law in England and Wales on unjust enrichment. Written by one of the leading authorities in the area, in collaboration with a group of senior judges, academics, and legal practitioners, the Restatement offers a powerfully persuasive statement of the law in this newly recognized and uncertain branch of English law.Many lawyers and students find unjust enrichment a particularly difficult area to master. Combining archaic terminology with an historic failure to provide a clear conceptual structure, the law remained obscure until its recent rapid development in the hands of pioneering judges and academics. The Restatement builds on the clarifications that have emerged in the case law and academic literature to present Trade ReviewThis slender and elegantly written volume makes a remarkable and valuable contribution to the literature of the English law of restitution ... The highest compliment that can be paid to a work of this kind by a reviewer is to indicate that the reviewer both enjoyed reading the volume and profited greatly from doing so. * Andrew Burrows, Canadian Business Law Journal *ROEUE is a personal, but authoritative account of the law that carries the weight of deep learning about the common law from the bottom up, but also the promise of a higher vision about matters of the laws basic structure, organization and shape... ROEUE will receive an enthusiastic reception in England and Wales. English unjust enrichment law clearly needs a strong centripetal force to stabilize views about some very basic matters; and a public platform from which to speak accessibly to the civilian world about the persistent strengths of the common law system. There is no better platform, in my view, than this. * Kit Barker, Oxford Journal of Legal Studies *Thorough and scholarly, yet eminently readable, it expounds on a particularly abstruse and therefore fascinating area of law ... This in our view is an important book of direct relevance for practitioners, academics and the judiciary alike. * Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers *Table of ContentsPART ONE: A RESTATEMENT OF THE ENGLISH LAW OF UNJUST ENRICHMENT; PART TWO

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Book SynopsisA collection of essays by leading scholars, exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system. They consider such factors as the influence of jurisprudence, the dynamics of coalition building and the effects of social movements.

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Book SynopsisRestitution is the body of law concerned with taking away gains that someone has wrongfully obtained. This book explains restitution doctrines, remedies, and defenses and illustrates them with examples. It demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power.Trade Review"Immensely important. Farnsworth's book is a major contribution to the field, providing a succinct, clear, and theoretically informed summary of the doctrine. I have little doubt that it will be of frequent use in law schools, courtrooms, and law offices alike, thus providing support to the belated revival of restitution in the United States." (Hanoch Dagan, Tel-Aviv University)"

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Book SynopsisIt's long been known that fewer lawsuits are filed in Japan per capita than in the United States. Yet explanations for the difference have tended to be partial and unconvincing, ranging from circular arguments about Japanese culture to suggestions that the slow-moving Japanese court system acts as a deterrent. With Second-Best Justice, J. Mark Ramseyer offers a much more compelling, well-grounded explanation: the low rate of lawsuits in Japan is driven not by distrust of a dysfunctional system but by a system that works-that sorts and resolves disputes in such an overwhelmingly predictable pattern that opposing parties only rarely find it worthwhile to push their dispute to the trial stage. Using evidence from tort claims across many domains, Ramseyer reveals a court system that is designed not to find perfect justice, but to make do-to adopt strategies that are mostly right and that thereby resolve disputes quickly and economically. An eye-opening study of comparative law, Second-Be

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Book SynopsisThe underlying theme of this book is ''that the principles of law laid down by the Judges in the 19th century - however suited to social conditions of the time - are not suited to the social necessities and social opinion of the 20th century. They should be moulded and shaped to meet the needs and opinions of today. The Discipline of Law is a fascinating account of Lord Denning''s personal contribution to the changing face of the law in this century.Table of ContentsPART ONE. ; PART TWO. ; PART THREE. ; PART FOUR. ; PART FIVE. ; PART SIX. ; PART SEVEN.

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Book SynopsisA comprehensive collection of effective litigation reports on a variety of subjects Accounting, financial, appraisal, and economic experts called upon to provide expert testimony in legal proceedings need reliable models for the critical documents they will submit to the court. Litigation Support Report Writing collects eighteen exemplary reports from a variety of financial topics, providing professionals a comprehensive resource on this vital function. Order your copy today.Table of ContentsPreface. About the Editors. About the Contributors. Part I. Business Appraisal. 1. Valuation of a Manufacturing Facility (Mike Hill and Gerald A. Keller). 2. Valuation of Stock in a Corporation (David N. Fuller). Part II. Employment Litigation. 3. Employment Discrimination (Ali Saad). 4. Wrongful Discharge (Roman L.Weil). Part III. Family Law. 5. Child and Spousal Support (John D. Zante). 6. Valuation and Apportionment of Community and Separate Business Interests (Donald Gursey and Tracy Farryl Katz). 7. Apportionment of Community and Separate Business Interests (Donald Gursey and Tracy Farryl Katz). Part IV. Intellectual Property. 8. Intellectual Property/Equipment (Bruce McFarlane and Lilian Quah). 9. Intellectual Property/Software (Robert L. Vigil). 10. Trademark Misuse/Rebuttal (Jeffrey H. Kinrich). Part V. Personal Injury. 11. Personal Injury (Holly Sharp). 12. Personal Injury/Rebuttal (Jack P. Friedman). Part VI. Real Estate. 13. Real Estate Condemnation (Barry A. Diskin and Liz W. Citron). 14. Land Use/Zoning (Neil G. Carn). 15. Construction Claims (D. Paul Regan and Colin A. Johns). 16. Environmental Damages (Rudy R. Robinson, III). Part VII. Securities Litigation. 17. Shareholders’ Suit against Corporation (David Tabak). 18. Shareholders’ Suit against Corporation/Rebuttal (K. Ramesh, Susan Hoag, Gaurav Jetley). Index.

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Book SynopsisDecisions made by US Supreme Court justices stem to a great extent from the political nature of the opinion writing process. The portrait of the Court that emerges stands in contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences.Trade Review"Crafting Law on the Supreme Court is a first-rate examination of what happens in the crucial stages after the justices reach a decision on the merits. By putting hypotheses about strategic interdependence through the rigors of (appropriately) sophisticated econometric tests, we learn much that is new about bargaining and accommodation over the Court's opinion." Jeffrey Segal, State University of New York, Stony Brook"In this pathbreaking study, Maltzman, Spriggs, and Wahlbeck unravel the mysteries of strategic behavior inside the Supreme Court--how Justices engage in instrumental behavior to achieve case outcomes consistent with their doctrinal and policy perspectives. Their efforts to extend the analysis beyond mere case studies and to reach significant general conclusions should set the agenda for further research and be of interest to all students of the Supreme Court." Philip P. Frickey, University of Minnesota"Utilizing data drawn from the papers of several Supreme Court justices, Crafting Law on the Supreme Court is an outstanding addition to the rational choice and the courts literature and will surely be seen as a classic in the field. More traditional students of public law will also profit from the extensive reprinting and discussion of justices' memoranda and the fashioning of Supreme Court doctrine." Sheldon Goldman, University of Massachusetts at Amherst"Forrest Maltzman, James Spriggs, and Paul Wahlbeck argue that court opinions do in fact matter: in the "collegial setting" of the Supreme Court, the opinion-writing process features its own unique set of political dynamics, as justices try to secure opinions that lie as close as possible to their own policy preferences. The authors advance this important argument by drawing on justices' papers and other evidence of internal deliberations on the Burger Court. The final product of their efforts is quite persuasive, more than justifying the authors' strategic departure from recent trends in judicial research." Choice"Forrest Maltzman, James Spriggs, and Paul Wahlbeck argue that court opinions do in fact matter: in the "collegial setting" of the Supreme Court, the opinion-writing process features its own uniques set of political dynamics, as justices try to secure opinions that lie as close as possible to their own policy preferences. The authors advance this important argument by drawing on justices' papers and other evidence of internal deliberations on the Burger Court. The final product of their efforts is quite persuasive, more than justifying the authors' strategic departure from recent trends in judicial research." Choice"The product of their efforts is quite persuasive" Choice April 2001"Crafting Law on the Supreme Court has something to say to, and should be read by, all students of the Court whether one is grounded more in scientific and empirical research on the Court or whether one's interests are more doctrinally oriented. The book's presentation is both rich in detail, mostly provided through the anecdotes the authors share with the reader, but more important, their analysis is systematic, thorough, and ultimately convincing." Journal of PoliticsTable of Contents1. Introduction; 2. Selecting an author: assigning the majority opinion; 3. A strategic response to draft opinions; 4. The decision to accommodate; 5. The politics of coalition formation; 6. Conclusion.

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Book SynopsisA history of the United States Supreme Court in the momentous yet usually overlooked years between the 1930s and 1950s. This period, written off as a time of failure and futility, was in reality the first phase of modern struggles to define the constitutional order of the twenty-first century.Trade Review"This well-researched volume skillfully chronicles the work of the Supreme Court under Chief Justices Stone and Vinson. Although scholars have tended to give short shrift to this era, Wiecek makes a compelling argument that these years marked a watershed in constitutional history and pointed the court toward a new constitutional understanding. Wiecekas book will undoubtedly generate debate and will likely become the definitive treatment of the Stone-Vinson era." - James W. Ely, Jr., Vanderbilt University Law School"A brilliantly done book by a master in the field. Wiecek guides us through an era that is troubled and often confusing, and he does it with a sure hand for what is important. This is a welcome and a noteworthy contribution to the Holmes Devise." - Melvin I. Urofsky, author of A March of Liberty: A Constitutional History of the United States and The Continuity of Change: The Supreme Court and Individual Liberties, 1953-1986"William Wiecek blends research in the papers of the justices with the best insights of political, intellectual, and social history, and adds his own mature judgments to produce this superb, comprehensive, and accessible account of an often neglected period of constitutional history, demonstrating that the Supreme Court from 1941 to 1953 laid the foundations for nearly all of today's constitutional law." - Mark Tushnet, Georgetown University Law Center"Wiecek, Congdon Professor of Law and Professor of History at Syracuse Unviersity, has written an encyclopedic study of the stone and Vinson Courts that is detailed and intellectually first-rate...it is a volume worthy of our attention and continued consultation." - The Green Bag Richard A. Paschal"The cases that Wiecek chooses to write about he covers well and illuminatingly." - Law and History ReviewTable of ContentsPart I. The Roosevelt Court: 1. American Public Law in 1941; 2. A new Court; 3. Carolene Products (1938): prism of the Stone Court; Part II. First Amendment Freedoms: 4. Freedom of speech in the Stone Court; 5. Freedom of speech in the Vinson Court; 6. The free exercise of religion; 7. The establishment of religion; Part III. World War Two and the Constitution: 8. Total war and the constitution; 9. Military courts and treason; 10. Silent Leges: Japanese internment; 11. National authority during and after the war; Part IV. The Truman Court: 12. The Truman Court; 13. American jurisprudence after the war: 'reason called law'; 14. The problem of incorporation; 15. Adamson v. California (1947): prism of the Vinson Court; Part V. The Cold War: 16. Anticommunism and the Cold War: Dennis v. United States; 17. The Cold War cases; Part VI. Civil Rights: 18. Civil Rights and the Stone Court; 19. Civil Rights and the Vinson Court.

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Book SynopsisThis text presents the impact of mental health law on nurses. Topics covered include: the code of practice and other guidance; definitions, medical recommendations and implications; admission to hospital; mentally disordered offenders; and information provision to patient and nearest relative.Trade Review"It is a wonder we have managed so long without such a book. It is easy to imagine Mental Health Law for Nurses becoming a standard text if not the standard text on the subject." Tony Gillam, Nursing Times, 1996 "Mental Health Law for Nurses is well and worthily recommended in this difficult area of care." William Whitfield, Journal of Advanced Nursing, Vol. 24.Table of ContentsIntroduction; The Code of Practice and other guidance; Definitions of mental disorder and medical recommendations for admission; Admission to hospital under Part II of the Act; Admission ot hospital under Part III of the Act: mentally disordered offenders; Provision of information to the patient and nearest relative; The nearest relative; Consent to treatment; Appeals against detention; Leave with consent under section 17; Returning the patient to hospital; Entering premises to take a patient; Police powers of arrest; Transfer of patients; Guardianship; The role of the approved social worker and the social worker; Community care; Rectification of documents; The Mental Health Act Managers; The Mental Health Act Commission; Offences under the Act and staff protection against court action by the patient; Conclusion; Glosssary; Table of Cases; Table of Statutes and Statutory Instruments; Appendices

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Book SynopsisOne of America's preeminent constitutional scholars, Sunstein mounts a defense of the most striking characteristic of modern constitutional law: the inclination to decide one case at a time. Examining various controversies, he shows how—and why—the Court has avoided broad rulings, and in doing so has fostered public debate on difficult topics.Trade ReviewWith his new book, Sunstein joins a distinguished line of liberal constitutional theorists who have defended the democratic value of judicial modesty...[One Case at a Time is] uniquely well-suited to an age that has lost its constitutional faith...No other scholar has captured the temper of the current majority as neatly as Sunstein, nor has anyone else attempted to provide a theoretical justification for what other observers took to be ad-hockery or improvisation. For these reasons, Sunstein's book deserves close attention. -- Jeffrey Rosen * New Republic *Sunstein is among this country's most respected legal scholars [and] One Case at a Time reflects [his] mastery of Supreme Court law, of constitutional theory and of political science...One Case at a Time presents a fascinating argument: that there is a hidden majority of [judicial minimalist] Justices, that it is right in what it is doing and that it is adjudicating in a way that moves beyond the recent ideological stalemate about the Supreme Court's role...[Sunstein's] book demonstrates what a shame it is that the Clinton White House hasn't picked him to serve as a Federal judge. The Reagan and Bush Administrations put accomplished legal theorists on the bench to turn their conservative vision into legal reality. But the Clinton team has failed to follow the Reagan-Bush lead... One Case at a Time makes that reluctance look like a significant lost opportunity. Respectful of the political branches, mindful of the role of the Supreme Court in the whole of American government, this admirable book makes a judicious case for a philosophy of judging as a humble, difficult, essential art. The book also demonstrates that Sunstein would practice that art well. -- Lincoln Caplan * New York Times Book Review *In a lucid examination of specific cases, Mr. Sunstein demonstrates how [judicial minimalism] should be done and achieves what has so far been elusive, a genuine theory of judicial minimalism, which many judges strive for but often have difficulty describing or justifying. * The Economist *With One Case at a Time, Cass Sunstein may well become known as the Nathan Detroit of constitutional law. For this is a shrewd and clever book. -- Gary McDowell * Washington Times *In One Case at a Time, Sunstein describes the current Supreme Court's 'judicial minimalism'--deciding cases as narrowly as possible, without widely applicable rules. This position, he urges, can support deliberative democracy, particularly if the issues involved are complex and no citizen consensus has emerged. Sunstein outlines his arguments and applies it in analyzing recent decisions on 'affirmative action, discrimination on the basis of sex and sexual orientation, the right to die, and new issues of free speech raised by...communications technologies.' He then addresses alternatives to minimalism, mainly Justice Scalia's 'democratic formalism' and the complaint that minimalist decisions lack theoretical depth as well as breadth, concluding by summarizing his view of the place of judicial minimalism in a democracy. -- Mary Carroll * Booklist *Labeling and 'bean counting' of the Supreme Court and its Justices are frequently all that Americans get by way of description of the activities of the highest court in our system. Even the legal profession finds it is easier to label than to analyze. That is why Cass Sunstein's book is just what the country needs--an understandable analysis of how this Supreme Court goes about its decision making. If it seems to make the 'conservatives' the 'activists' and the 'liberals' the 'strict constructionists,' that only proves that those labels are not very useful and more often than not reflect the eye of the beholder. Nor can Professor Sunstein's use of the word minimalism be dismissed as just another pretty label. The term aptly describes what has been the very touchstone of both the common law and constitutional theory in America for a long, long time. The book represents Sunstein at his best. -- Abner J. Mikva, former Chief Judge, U.S. Court of Appeals for the D.C. CircuitAgainst the tide of those who lament the lost Warren Court or hunger for its conservative successor, Cass Sunstein argues that the current Supreme Court correctly avoids grand constitutional theories in favor of narrow decision making that leaves most matters of distribution and social justice to be decided by democratic majorities. Written with great lucidity, verve, and mastery of contemporary currents in political theory and constitutional law, this is the first judicial philosophy of and for the post-Bork appointees to the Court. -- Kathleen M. Sullivan, Stanford Law SchoolAn original and deftly executed contribution to the voluminous literature on constitutional interpretation. Sunstein is utterly at home with the details of constitutional opinions and with recent work in political theory. Scrutinizing the work of the current Supreme Court in various legal domains, he urges the democratic merits of its caution. This is a book not just for professors and lawyers, but for citizens. -- Don Herzog, University of Michigan Law SchoolTable of ContentsPart 1 Argument: leaving things undecided; democracy-promoting minimalism; decisions and mistakes; minimalism's substance. Part 2 Applications: no right to die? affirmative action casuistry; sex and sexual orientation; the first amendment and new technologies. Part 3 Antagonists: width? Justice Scalia's democratic formalism; depth? from theory to practice; conclusion - minimalism and democracy.

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Book SynopsisStill Dying for a Living investigates the state’s (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.Table of ContentsForeword: The Struggle for Corporate Accountability / Steve TombsPreface1 Introduction: What Is Crime?2 Criminal Liability and the Corporate Form3 Theorizing Corporate Harm and Wrongdoing4 Constituting the Corporate Criminal through Law5 Visions of Economic Grandeur: The Influence of Corporate Capitalism6 Obscuring Corporate Crime and the Corporate Criminal7 Disciplining Capital: More of the Same or Hope for the Future?AppendicesNotesReferencesIndex

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Book SynopsisStill Dying for a Living investigates the state’s (in)ability to develop effective legal strategies for holding corporations accountable for serious injury and death in the workplace.Table of ContentsForeword: The Struggle for Corporate Accountability / Steve TombsPreface1 Introduction: What Is Crime?2 Criminal Liability and the Corporate Form3 Theorizing Corporate Harm and Wrongdoing4 Constituting the Corporate Criminal through Law5 Visions of Economic Grandeur: The Influence of Corporate Capitalism6 Obscuring Corporate Crime and the Corporate Criminal7 Disciplining Capital: More of the Same or Hope for the Future?AppendicesNotesReferencesIndex

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Book SynopsisIn Rhetoric, Irony, and Law in the Formation of Canadian Civil Culture, Michael Dorland and Maurice Charland examine how, over the roughly 400-year period since the encounter of First Peoples with Europeans in North America, rhetorical or discursive fields took form in politics and constitution-making, in the formation of a public sphere, and in education and language. The study looks at how these fields changed over time within the French regime, the British regime, and in Canada since 1867, and how they converged through trial and error into a Canadian civil culture. The authors establish a triangulation of fields of discourse formed by law (as a technical discourse system), rhetoric (as a public discourse system), and irony (as a means of accessing the public realm as the key pillars upon which a civil culture in Canada took form) in order to scrutinize the process of creating a civil culture. By presenting case studies ranging from the legal implications of the tra

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Book SynopsisFeaturing distinguished contributors from a variety of disciplinary backgrounds, Canada's Trial Courts offers a comprehensive and up-to-date examination of an important but neglected issue that ultimately has a profound impact on the quality of justice that Canadians experience.

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Book SynopsisWhat makes people sue? Why do individuals who have lost their cases decide to appeal? In this book, the author offers a comprehensive description of the motives and concerns underlying an individual's decision to appeal in civil litigation.

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Book SynopsisTrade Review‘Allan Beever’s fascinating book is an extended meditation on the rule of law. Through a series of vignettes Beever questions what he calls the “standard narrative” about the relationship between law and politics and challenges many common assumptions about what it means to do justice. While not everybody will embrace the conclusions that Beever draws, all readers will be engaged by his arguments. It is a bold and bracing read.’ -- Andrew Botterell, University of Western Ontario, CanadaTable of ContentsContents: 1 Introduction PART I THE COLLECTIVIST STATE 2 The decline of the rule of law 3 The rise of the welfare state 4 Marx and the modern world 5 Collectivist government in the twentieth century 6 Key conclusions on the collectivist state PART II LAW IN THE COLLECTIVIST STATE 7 Freedom under the law 8 Abuse of rights 9 Tailoring rights 10 Demoting rights 11 In lieu of rights 12 Negligence and the collapse of the rule of law 13 Punishment and the Philosopher Kings 14 Conclusion to Freedom under the Private Law Bibliography Index

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Book SynopsisWhat is the purpose of the company and its role in society? From their origin in medieval times to their modern incarnation as powerful transnational bodies, companies remain an important part of business and society at large. Drawing from a variety of perspectives, this book adopts a normative approach to understanding the modern company and provides insights into how companies should be conceptualized. It considers key topics such as the development of corporate theory, the rights and obligations of the company, and the means and ends of corporate governance. Written by leading experts of different jurisdictions, this book provides important international viewpoints on some of the most pressing corporate governance questions.Table of Contents1. Introduction Barnali Choudhury and Martin Petrin; Part I. Comparative and Historical Perspectives: 2. The four transformations of the corporate form Reuven S. Avi-Yonah; 3. Comparative corporate governance: old and new Martin Gelter; 4. The corporation's intrinsic attributes Christopher M. Bruner; Part II. The Company: Public or Private?: 5. Understanding the modern company through the lens of quasi-public power Marc T. Moore; 6. Reflections on the nature of the public corporation in an era of shareholder activism and stewardship Dionysia Katelouzou; 7. Regulating for corporate sustainability: why the public-private divide misses the point Beate Sjåfjell; Part III. Rights or Duty Bearer?: 8. The constitutional rights of corporations in the United States Brandon L. Garrett; 9. Understanding corporate criminal liability Ian B. Lee; 10. Human rights and business: expectations, requirements and procedures for the responsible modern company Karin Buhmann; 11. A balancing approach to corporate rights and duties Martin Petrin; Part IV. Governing the Modern Company: 12. Corporate law reform in the era of shareholder empowerment William W. Bratton; 13. Board accountability and the entity maximization and sustainability approach Andrew Keay; 14. The corporation and the question of time Lynn Stout; 15. Epilogue: a look to the future Barnali Choudhury and Martin Petrin.

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Book SynopsisJurisdictions all over Europe have to deal with the question of whether or not unexpected circumstances can lead to adaptation, termination or renegotiation of existing contracts. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.Table of ContentsList of contributors; General editors' preface; Preface; List of abbreviations; Part I. Introduction and Context: 1. Introduction: an approach to the issues and doctrines relating to unexpected circumstances Ewoud Honduis and Hans Christoph Grigoleit; 2. Legal history Andreas Thier; 3. Law and economics: the comparative law and economics of frustration in contracts Marta Cenini, Barbara Luppi and Francesco Parisi; Part II. Overview: 4. Overview: concepts dealing with unexpected circumstances; Part III. The Case Studies Ewoud Honduis and Hans Christoph Grigoleit: 5. Questionnaire; 6. The case studies; Part IV. General Comparative Remarks: 7. General comparative remarks: converging tendencies, remaining differences and the unsolved mystery of adjustment Ewoud Honduis and Hans Christoph Grigoleit; Appendix. Some texts on change of circumstances; Selected bibliography; Index.

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Book SynopsisThis collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.Table of ContentsPreface; Foreword by Shiyuan Han; Foreword by Reinhard Zimmermann; Foreword by André Tunc; Foreword by Roscoe Pound; 1. Traditions; 2. Institutions; Part I. The Law of Obligations: 3. The structure of contract law; 4. Voluntary commitment; 5. Fairness; 6. Excuses for non-performance; 7. Remedies; 8. The scope of the rights protected; 9. The conduct for which one is liable; 10. The principle; 11. Must one party gain at the other's expense?; Part II. The Law of Property: 12. Possession; 13. Ownership.

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Table of Contents1 Introduction.- 1.1. The Background.- 1.2. The Right to Education for Retarded Children: Pennsylvania Association for Retarded Children v. Commonwealth of Pennsylvania.- 1.3. Districtwide Relief for All Handicapped Students: Mills v. Board of Education, District of Columbia.- 1.4. Programs for Newly Identified Children: Frederick L. v. Thomas.- 1.5. Notes.- 2 A National Right to Education: The Education for all Handicapped Children act.- 2.1. An Overview.- 2.2. Court-Ordered Implementation of P.L. 94-142: Mattie T. v. Holladay.- 2.3. Free Appropriate Public Education.- 2.4. Handicapped Children.- 2. 5. Individualized Education Program.- 2.6. Due Process Procedures.- 2.7. Appeals.- 2.8. Surrogate Parents.- 2.9. Evaluations.- 2.10. Least Restrictive Environment.- 2.11. Least Restrictive Environment and the Courts: The Willowbrook Case.- 2.12. Confidentiality of Records.- 2.13. Excluding Persons without a Legitimate Educational Interest: The Government Requirements.- 2.14. Notes.- 3 Prohibiting Discrimination against Handicapped Students.- 3.1. Section 504 of the Rehabilitation Act of 1973.- 3.2. Preschool, Elementary, and Secondary Education.- 3.3. The Integration Requirement.- 3.4. Court-Ordered Integration: Hairston v. Drosick.- 3.5. Evaluation Procedures.- 3.6. Nonacademic Services.- 3.7. Postsecondary Education.- 3.8. Auxiliary Aids.- 3.9. Access to Postsecondary Programs: Southeastern Community College v. Davis.- 3.10. Other Section 504 Provisions.- 3.11. Notes.- 4 The Special Education Hearing: Preparation and Litigation.- 4.1. The Purpose of a Hearing.- 4.2. Preparation for the Hearing.- 4.3. At the Hearing.- 4.4. The Hearing Officer.- 4.5. The Opening Statement.- 4.6. The Presentation of Witnesses.- 4.7. The Testimony of School District Officials.- 4.8. Medical Testimony.- 4.9. The Psychological Testimony.- 4.10. The Parent as a Witness.- 4.11. Cross-Examination.- 4.12. Closing Statement.- 4.13. Appeals.- 4.14. Model Exceptions.- 4.15. Appeal to Court.- 4.16. Notes.- 5 Major Issues in Special Education Law.- 5.1. Continuous Special Education.- 5.1.1. Special Education beyond the “Normal” School Year: Armstrong v. Kline.- 5.2. Discipline and Special Education.- 5.2.1. A Federal Court Opinion: Stuart v. Nappi.- 5.2.2. The Legal Arguments: Kenneth J. v. Kline.- 5.2.3. Kenneth J. v. Kline Regulations.- 5.3. Language and Racial Minorities.- 5.3.1. The Courts and Minorities and Special Education: Lora v. Board of Education of the City of New York.- 5.4. Special Education Malpractice.- 5.4.1. Denying Educational Malpractice Claims: Hoffman v. Board of Education of the City of New York.- 5.5. Gifted and Talented Children.- 5.5.1. The Federal Laws.- 5.5.2. State Laws: A Comparative Approach of Two States.- 5.6. Notes.- Appendix 1 Federal Requirements for the Education of all Handicapped Children (20 U.S.C. §§1401-1420).- Appendix 2 P.L. 94-142 Regulations (34 C.F.R. PART 300).- Appendix 3 Section 504 of the Rehabilitation act of 1973 (29 U.S.C. § 794).- Appendix 4 Section 504 Regulations (34 C.F.R. Part 104).- Appendix 5 Legal Organizations.

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Book SynopsisThe purpose of this book is to help the National Council on Disability (NCD), and others, better understand how the Convention on the Rights of Persons with Disabilities, if ratified by the United States, might impact U.S. disability laws by examining the degree to which U.S. law is consistent with the CRPD. The book endeavours to analyse the issue in the way a treaty monitoring body would -- to see if any area within federal law contravenes the Convention and/or whether there are gaps where legislation or practice might be introduced or reformed to ensure compliance. This book also identifies several CRPD articles that illustrate significant gaps between United States disability laws and the Convention.

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Book SynopsisThis is a fresh and stimulating book on new challenges for civil justice. It brings together leading experts from across the world to discuss relevant topics of civil justice from regional, cross-border, international and comparative perspectives. Inter alia, this book will focus on multinational rules and systems of dispute resolution in the era of a global economy, while also exploring accountability and transparency in the course of civil justice. Transnational cooperation in cross-border insolvency, regionalism in the process of recognition and enforcement of foreign titles, and the application of electronic technologies in judicial proceedings, including new types of evidence also play a major role.Technology, the Global Economy and other New Challenges for Civil Justice is a compact and accessible overview of new developments in the field from across the world and written for those with an interest in civil justice.Table of ContentsPART I. OVERVIEW OF THE FUTURE OF CIVIL JUSTICE AND THE NEW CHALLENGES FACING IT. Modern Computer-Related Technology and Judicial Procedure: Welcome Friend or Uninvited Troublemaker? (p. 3) On the Future of Civil Procedure: Should One Adapt or Resist? (p. 17) Technology, the Global Economy and New Concepts in Civil Procedure (p. 45) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: MULTINATIONAL RULES AND SYSTEMS OF DISPUTE RESOLUTION. Multinational Rules and Systems of Dispute Resolution in an Era of the Global Economy (p. 61) Awards Set Aside in their Country of Origin: Two Incompatible Schools of Thought (p. 99) Rethinking Multinational Procedure (p. 121) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ACCOUNTABILITY AND TRANSPARENCY. Accountability and Transparency of Civil Justice (p. 133) Accountability and Transparency of Civil Justice: A Comparative Perspective (p. 165) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: TRANSNATIONAL COOPERATION IN CROSS-BORDER INSOLVENCY. Transnational Cooperation and Coordination in Cross-Border Insolvency: China, South Korea and Japan (p. 187) Transnational Cooperation in Cross-Border Insolvency (p. 193) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: RECOGNITION AND ENFORCEMENT OF FOREIGN TITLES. Regionalism in the Process of Recognition and Enforcement of Foreign Titles (p. 265) Regionalism in the Process of Recognition and Enforcement of Foreign Titles: Civil Law Jurisdictions (p. 319) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: ELECTRONIC TECHNOLOGIES IN JUDICIAL PROCEEDINGS. Application of New Technologies in Judicial Proceedings (p. 381) The Application of Electronic Technologies in Judicial Proceedings (p. 395) PART II. NEW CHALLENGES AND THEIR VARIOUS ASPECTS: NEW TYPES OF EVIDENCE. Present and Future Issues Regarding New Types of Evidence: Electronic and Digital Evidence in Particular (p. 429) The New Challenges of Evidence Law in the Fourth Industrial Revolution (p. 477)

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Book SynopsisA lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.'- Graeme B. Dinwoodie, University of Oxford, UK'Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a 'must-have' for anyone entering the field from the academy, practice, government, arbitration or adjudication.'- Rochelle Dreyfuss, New York University, School of Law, US'International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!'- Christophe Geiger, University of Strasbourg, France'This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.'- Jane C. Ginsburg, Columbia University, School of Law, USElgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars.This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties.Key features include:- Accessible and carefully summarized overview of the field- Comprehensive and up-to-date review of all major international intellectual property institutions and instruments- Introduces current issues within international IP negotiations- Provides tools to analyze the history and possible future development of international IP norms.Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.Trade Review‘A lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.’ -- Graeme B. Dinwoodie, University of Oxford, UK‘Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a “must-have” for anyone entering the field from the academy, practice, government, arbitration or adjudication.’ -- Rochelle Dreyfuss, New York University, School of Law, US‘International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!’ -- Christophe Geiger, University of Strasbourg, France‘This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.’ -- Jane C. Ginsburg, Columbia University School of Law, US‘Advanced Introduction to International Intellectual Property is an excellent, conveniently concise and thorough introduction to the concepts, actors and conventions that shape intellectual property at international level. It was written by two leading experts in the field, who also offer an insight into the key sticking points and areas where further evolution and debate can be expected in the coming years. This is a perfect addition to the existing sources in this complex field.’ -- Paul Torremans, University of Nottingham, UK‘This excellent book would be a useful text for overview courses on international intellectual property law and it provides a very helpful introduction to the field for further study.’ -- European Intellectual Property ReviewTable of ContentsContents: Introduction 1. The Institutions and Actors of International Intellectual Property 2. The Major Instruments of International Intellectual Property 3. Key Concepts of International Intellectual Property 4. The Current Norms of International Intellectual Property 5. Key Issues in International Intellectual property Index

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Book SynopsisThis important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.'- Colin Scott, UCD Sutherland School of Law, Ireland'Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.'- Hans-Wolfgang Micklitz, European University Institute, Italy'Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.'- Julia Black, London School of Economics, UKMost recent studies on transnational private regulation have limited themselves to the examination of a single regime, industry or sector. This book fills a gap in the current literature, offering a rich comparative study of the institutional design of transnational private regulation in the fields of advertising and food safety.The author provides original insights in the practice of enforcing transnational private regulation and its interplay with courts and administrative authorities. The book's findings, drawn from jurisdictions in the European Union, help identify circumstances in which administrative enforcement may strengthen private enforcement mechanisms, illuminate the role of courts in enforcing transnational private regulation, and inform current theoretical understandings of the function of public enforcement capacity in private regulatory regimes.This book will appeal to scholars and students of regulation and enforcement, as well as policy makers and lawmakers concerned with advertising and food safety regulation.Contents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews IndexTrade Review‘This important book offers an innovative empirical study of the enforcement of transnational private regulation, and complements the existing literature on private standard setting to offer a really major contribution to the field of regulatory governance.’ -- Colin Scott, UCD Sutherland School of Law, Ireland‘Paul Verbruggen demonstrates his capabilities to handle and to lay out the complex regulatory structures in two heterogeneous fields of law and social interaction. The material presented is of incredible value for all those working in the field of transnational private regulation, enforcement and more theoretically on the reasons behind the public/private divide.’ -- Hans-Wolfgang Micklitz, European University Institute, Italy‘Enforcing Transnational Private Regulation provides a rich and detailed analysis of the interaction between public and private mechanisms in the enforcement of transnational private regulation in the fields of advertising and food safety regulation, exploring the relative capacities of different actors to enforce transnational regulatory norms, from public agencies to NGOs.’ -- Julia Black, London School of Economics, UKTable of ContentsContents: 1. Introduction: transnational private regulation and the challenge of enforcement 2. Research on transnational private regulation and its enforcement 3. Transnational private regulation of advertising 4. Institutional design of advertising code enforcement and public enforcement 5. Interplay between advertising code enforcement and public enforcement 6. Transnational private regulation of food safety 7. Institutional design of private food safety certification schemes 8. Interplay between private food safety certification schemes and public enforcement 9. Comparative analysis 10. Conclusions Annex: List of interviews Index

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Book SynopsisThis new book is a practical and up-to-date guide to the reforms and related issues arising from the Divorce, Dissolution and Separation Act in relation to marriage and civil partnership in England and Wales.

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