Sources of law: case law, precedent Books

Book SynopsisFollowing the international success of Volume 1 in 2010, Volume 2 presents a brand new selection of cases that have changed our lives. This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by. It takes a retrospective look at the circumstances behind the results of these great cases, examining the facts and the lasting legacies, as well as revealing a human side to the events that is not always apparent from the law reports.The themes addressed by the book demonstrate the rule of law, showing that through something as abstract as judicial reasoning, we create a set of rules and procedures which govern our lives. In support of the rule of law and the causes championed by LexisNexis, a sum of 1 from every copy of the book sold will be donated to Stop the Traffik, a global movement of activists around the world who passionately give their time and energy to build resilient co

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Book SynopsisA fascinating array of cases that helped shape British criminal history. Britain has long been a leader in crime-fighting technology and forensic science, and this is the story of how technology and techniques have developed over the years.

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Book SynopsisDie Sammlung der Entscheidungen des Bundesverfassungsgerichts gehört zu den einflussreichsten und meistzitierten Periodika der deutschen Jurisprudenz. Sie enthält alle Senatsentscheidungen des Bundesverfassungsgerichts (BVerfG) in ungekürzter Fassung. Begonnen mit Gründung des Gerichts im Jahr 1951, wird die Sammlung inzwischen jedes Jahr mehrmals um neue Bände ergänzt. In der abgekürzten Zitierweise als "BVerfGE" ist sie jedem deutschen Juristen geläufig und gilt vielen sogar als "die amtliche Sammlung". Zu den Höhepunkten der Sammlung gehören auch die fünf meistzitierten deutschen Gerichtsentscheidungen - zur Volkszählung 1987 (BVerfGE 65, 1), zum Boykottaufruf des Hamburger Senatsdirektors Lüth 1958 (BVerfGE 7, 198), zum Schnellen Brüter in Kalkar 1972 (BVerfGE 49, 89), zum Schwangerschaftsabbruch (BVerfGE 39, 1) sowie zum Mitbestimmungsgesetz 1976 (BVerfGE 50, 290).

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Book SynopsisElizabeth Thornberry uses historical evidence to shed light on South Africa''s contemporary epidemic of sexual violence. Drawing on over a thousand cases from a diverse set of courts, Thornberry reconstructs the history of rape in South Africa''s Eastern Cape, from the precolonial era to the triumph of legal and sexual segregation, and digs deep into questions of conceptions of sexual consent. Through this process, Thornberry also demonstrates the political stakes of disputes over sexual consent, and the ways in which debates over the regulation of sexuality shaped both white and black politics in this period. From customary authority to missionary Christianity and humanitarian liberalism to segregationism, political claims implied theories of sexual consent, and enabled distinctive claims to control female sexuality. The political history of rape illuminates not only South Africa''s contemporary crisis of sexual violence, but the entangled histories of law, sexuality, and politics acrTrade Review'… an interesting read … Thornberry has combed selected court records finely and commented thoughtfully, drawing out conflicting viewpoints advanced within and between the overarching discourses that were deployed to understand sexual violence in the colonial era. It is an important addition to the scholarship on gender and sexuality in South Africa.' Anne Kelk Mager, Social HistoryTable of ContentsIntroduction: writing the history of rape; 1. Custom and consent in Xhosaland; 2. Sex and spiritual power; 3. Liberalism and the colonial law of sexual violence; 4. Rape and racial boundaries; 5. Navigating the politics of consent; Conclusion: rape and the postcolony.

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Book SynopsisThis new edition of Abortion: The Supreme Court Decisions includes all of the major Supreme Court decisions on abortion since the 1960s—as well as many majority, dissenting, and plurality opinions—carefully edited for use by researchers, journalists, and teachers in a variety of disciplines.Trade Review"Abortion: The Supreme Court Decisions has long been an invaluable resource for understanding the contested status of abortion in American law. Updated to bring the narrative to its cataclysmic conclusion in the Dobbs decision of June 2022, this new edition will prove even more essential following the Supreme Court’s repudiation of a half century of precedent." —Linda Greenhouse, Yale University"In Dobbs v. Jackson (2022), the Supreme Court ended the constitutional right to abortion in the United States. Reproductive rights that seemed settled are now subject to change in more than fifty jurisdictions, including a Court that may not have had its last word on the subject. Fortunately for students and scholars alike, Shapiro and Steinmetz have produced an up-to-the-minute guide to the constitutional law of abortion. Their explanations of the legal, historical, philosophical, and political contexts of abortion law are beautifully written, guiding the reader through well-selected cases with clarity." —Elisabeth Ellis, University of Otago, New Zealand"The issue of a right to abortion (alternatively, a right to life) has roiled American politics and society for decades, including in arenas that seem to range far from the topic itself. So, it is essential to understand the judicial decisions that shape Americans’ choices. Abortion has encouraged this understanding through several editions—and the new fourth edition enables us to make sense of recent stunning decisions and dissents. All Americans should read this book." —Jennifer L. Hochschild, Harvard University

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Book SynopsisWith a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book co

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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a huge range and FREE tracked UK delivery on ALL orders.

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Book SynopsisLandmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been – undeservedly – assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.Trade ReviewThis is a delightful book which repays the reader many times over - with historical information, with insight into legal doctrine, jurisprudence and the context within which these cases were decided. -- Professor Prue Vines * Torts Law Journal, Volume 19 *Like the book's predecessors (on restitution and contract), Landmark Cases in the Law of Tort is painstakingly researched and well written, giving valuable insights into key tort cases which are simply not available anywhere else...The authors of Landmark Cases in the Law of Tort display masterful command of sources not normally available to legal scholars, and offer fascinating insights into cases which, in various ways, have been crucial to the development of tort law as we know it. This collection is both important and enjoyable to read, and is to be warmly recommended. -- Robert H. George * Lloyds Maritime and Commercial Law Quarterly *Table of Contents1 R v Pease (1832) MARK WILDE AND CHARLOTTE SMITH 2 Burón v Denman (1848) CHARLES MITCHELL AND LESLIE TURANO 3 George v Skivington (1869) DAVID IBBETSON 4 Daniel v Metropolitan Railway Company (1871) MICHAEL LOBBAN 5 Woodley v Metropolitan District Railway Company (1877) STEVE BANKS 6 Cavalier v Pope (1906) RICHARD BAKER AND JONATHAN GARTON 7 Hedley Byrne & Co Ltd v Heller & Partners Ltd (1963) PAUL MITCHELL 8 Goldman v Hargrave (1967) MARK LUNNEY 9 Tate & Lyle Food & Distribution Ltd v Greater London Council (1983) JW NEYERS 10 Smith v Littlewoods Organisation Ltd (1985) ELSPETH REID 11 Alcock v Chief Constable of South Yorkshire Police (1991) DONAL NOLAN 12 Hunter v Canary Wharf Ltd (1997) MARIA LEE 13 Fairchild v Glenhaven Funeral Services Ltd (2002) KEN OLIPHANT

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Book SynopsisLandmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors’ introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.Trade ReviewThis is a fine collection of essays with much to offer to property lawyers, teachers and students. The broad coverage of different aspects of property law in one of many attractive features. -- Robert Chambers, King's College London * The Cambridge Law Journal *I highly recommend this book to Canadian legal practitioners and academics with an interest in property law. Anyone concerned with some of the most enduring issues in this area of law will profit from reading this collection. -- Jonnette Watson Hamilton, Professor, Faculty of Law, University of Calgary. * Canadian Business Law Journal *Table of ContentsPart A: The Boundaries of Property I. Tangible Things 1. Banks v Whetson (1596) David Fox 2. Yearworth v North Bristol NHS Trust [2009]: Instrumentalism and Fictions in Property Law James Lee II. Intangible Things 3. Millar v Taylor (1769): Landmark and Beacon. Still. Catherine Seville 4. Phillips v Mulcaire [2012]: A Property Paradox? Emily Hudson 5. OBG v Allan [2007] Sarah Green Part B: Doctrinal Issues I. Acquisition of Property Rights 6. Armory v Delamirie (1722): Possession, Obligation, and the Evolution of Relative Title to Goods Robin Hickey 7. Bruton v London & Quadrant Housing Trust [2000]: Relativity of Title, and the Regulation of the ‘ Proprietary Underworld ’ Amy Goymour 8. The Politics of Lloyd’s Bank v Rosset [1991] Lorna Fox O’Mahony II. Content of Property Rights 9. Kuwait Airways Corporation v Iraqi Airways Company [2002] Simon Douglas 10. Belfast Corporation v OD Cars [1959]: Setting Parameters for Restricting Use Rachael Walsh III. Destruction of Property Rights 11. Benn v Hardinge (1993) Emma Waring 12. Star Industrial Co Ltd v Yap Kwee Kor [1976]: The End of Goodwill in the Tort of Passing Off Jonathan Griffiths

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Book SynopsisCriminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.Trade ReviewOverall, this book provides well-crafted explanations for key concepts that developed from cases in the British criminal law system and practiced in Commonwealth countries ... an interesting read and a valuable addition to the reference literature for both academics and practitioners who wish to view from a fresh angle the classic textbook cases that they thought they knew very well. -- Hyo Won Kang * New Journal of European Criminal Law *Table of Contents1. Landmark Cases and Wider Themes in Criminal Law Philip Handler, Henry Mares and Ian Williams 2. The Carrier’s Case (1473) Ian Williams 3. R v Saunders and Archer (1573) John Baker 4. R v Jones (1703) Simon Stern 5. R v Bembridge (1783) Jeremy Horder 6. R v Shipley (1784): The Dean of St Asaph’s Case K Crosby 7. M’Naghten’s Case (1843) Arlie Loughnan 8. R v Flattery (1877) Rebecca Williams 9. DPP v Beard (1920) Philip Handler 10. R v Jordan (1956) David Ibbetson 11. Shaw v DPP (1961) Henry Mares 12. DPP v Morgan (1975) Lindsay Farmer 13. Whitehouse v Lemon, Whitehouse v Gay News Ltd (1979) J R Spencer 14. R v Hancock and Shankland (1986) Matthew Dyson 15. R v Howe (1987) Findlay Stark 16. R v Brown (1993) Jonathan Herring

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Book SynopsisLandmark Cases in Land Law is the sixth volume in the Landmark Cases series of collected essays on leading cases (previous volumes in the series having covered Restitution, Contract, Tort, Equity and Family Law). The eleven cases in this volume cover the period 1834 to 2011, although, interestingly, no fewer than six of the cases were decided or reported in the 1980s. The names of the selected cases will be familiar to property lawyers. However, individually, the essays provide a reappraisal of the cases from a wide range of perspectives - focusing on their historical, social or theoretical context, highlighting previously neglected aspects and even questioning their perceived importance. Collectively, the essays explore several common themes that pervade the law of property – the numerus clausus principle, the conclusiveness of registration, the desirability of certainty in the law and the central question of the enforceability of interests through changes in ownership of land. This volume provides a collection of essays that will be of interest to academics, students and practitioners.Trade ReviewI highly recommend this book to Canadian legal practitioners, academics and law students. Each essay in this volume is well worth reading simply for the doctrinal analysis of the landmark cases. Each author is an authority in land law and each facilitates an in-depth understanding of the cases and their impact. But the worthiness of these essays is not limited to their exemplary doctrinal nature. The essays also provide a rich social, factual or historical context for the decisions and the people and property involved, making the reading experience an enjoyable one. Anyone with an interest in some of the most enduring issues in land law will profit from this collection. -- Jonnette Watson Hamilton * Canadian Business Law Journa *Table of Contents1 Keppell v Bailey (1834); Hill v Tupper (1863) The Numerus Clausus and the Common Law Ben McFarlane 2 Todrick v Western National Omnibus Co Ltd (1934) The Interpretation of Easements Peter Butt 3 Re Ellenborough Park (1955) A Mere Recreation and Amusement Elizabeth Cooke 4 Taylors Fashions Ltd v Liverpool Victoria Trustees Co Ltd; Old & Campbell Ltd v Liverpool Victoria Friendly Society (1979) Stitching Together Modern Estoppel Martin Dixon 5 Federated Homes Ltd v Mill Lodge Properties Ltd (1979) Annexation and Intention Nigel P Gravells 6 Williams and Glyn's Bank Ltd v Boland (1980) The Development of a System of Title by Registration Roger Smith 7 Midland Bank Trust Co Ltd v Green (1980) Maintaining the Integrity of Registration Systems Mark P Thompson 8 Street v Mountford (1985); AG Securities v Vaughan; Antoniades v Villiers (1988) Tenancies and Licences: Halting the Revolution Stuart Bridge 9 City of London Building Society v Flegg (1987) Homes as Wealth Nicholas Hopkins 10 Stack v Dowden (2007); Jones v Kernott (2011) Finding a Home for 'Family Property' Andrew Hayward 11 Manchester City Council v Pinnock (2010) Shifting Ideas of Ownership of Land Susan Bright

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Book SynopsisLandmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.Table of Contents1. The Earl of Oxford's Case (1615) David Ibbetson 2. Coke v Fountaine (1676) Mike Macnair 3. Grey v Grey (1677) Jamie Glister 4. Penn v Lord Baltimore (1750) Paul Mitchell 5. Burgess v Wheate (1759) Paul Matthews 6. Morice v Bishop of Durham (1805) Joshua Getzler 7. Tulk v Moxhay (1848) Ben McFarlane 8. Prince Albert v Strange (1849) Lionel Bently 9. Ramsden v Dyson (1866) Nick Piška 10. Bishop of Natal v Gladstone (1866) Charlotte Smith 11. Earl of Aylesford v Morris (1873) Catharine MacMillan 12. Re Hallett's Estate (1879–80) Graham Virgo 13. North-West Transportation Co Ltd v Beatty (1887) Lionel Smith 14. Rochefoucauld v Boustead (1897) Ying Khai Liew 15. Re Earl of Sefton (1898) Chantal Stebbings 16. Nocton v Lord Ashburton (1914) James Edelman 17. Regal (Hastings) Ltd v Gulliver (1942) Richard Nolan 18. National Anti-Vivisection Society v Inland Revenue Commissioners (1948) Jonathan Garton 19. National Provincial Bank Ltd v Ainsworth (1965) Alison Dunn 20. Boardman v Phipps (1967) Michael Bryan 21. Pettitt v Pettitt (1970) and Gissing v Gissing (1971) John Mee 22. Paragon Finance plc v DB Thakerar & Co (a firm) (1999) Christian Daly and Charles Mitchell

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Book SynopsisRecords from London's Guildhall reveal the workings of the law in the eighteenth century.For centuries, the City of London's Lord Mayor and Aldermen have headed various courts and tribunals as part of their official obligations. In the City's Guildhall, Londoners from all walks of life could appear before an aldermansitting as a magistrate in the "justice room" and initiate a criminal complaint when they were the victims of crime. But what actually happened in those initial hearings between the accuser, the accused and the magistrate has remained largely obscured to history. These records shed light on the earliest phases of a criminal prosecution and reveal the routines of criminal justice administration in the eighteenth-century metropolis. From the fragmentaryminutes of the proceedings conducted before London's aldermen, who sat for a part of every working day as Justices of the Peace, we learn of the petty squabbles of the City's poor with parish officials, the ready resort to physical violence in public and private spheres, the steady campaign against prostitution, and the growing professionalism of the parish constables who policed London before the arrival of the Metropolitan Police.The records will be ofinterest to historians of London, social historians of crime, genealogists and scholars interested in summary or pre-trial procedures in early modern England; they are presented here with introduction and explanatory notes. Greg T. Smith is Associate Professor of History at the University of Manitoba.Trade ReviewThis book makes a major contribution to our knowledge of both the era's criminal justice system and also daily life in the wider eighteenth-century metropolis. It will be quite invaluable to legal and social historians of the period. * ARCHIVES *Offers a tantalizing insight into the working world of the City justices. As such, it is a valuable addition to the published literature. * ARCHIVES AND RECORDS *Table of ContentsIntroduction Minute Books of the Guildhall Justice Room 1752-1781

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Book SynopsisGlobal Private International Law is a groundbreaking casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law.Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.Key Features: the specific global scope allows the reader to gain a contextualised understanding of legal transformation each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues. Table of ContentsContents: Introduction Part I Jurisdiction: Judging without Frontiers? 1. Post-war yearning for deparochialisation and the siren of free trade: The Bremen v. Zapata Off-Shore Co. Jacco Bomhoff, Agatha Brandão de Oliveira and Lucia Bíziková 2. Judicial discretion (From Bhopal to Brexit): Owusu v. Jackson Christelle Chalas and Richard Fentiman 3. Parallel proceedings: Texaco/Chevron lawsuits (re Ecuador) Diego P. Fernández Arroyo qnd Laura Carballo Piñeiro 4. Free-wheeling judgments/awards: Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. George A. Bermann and Giuditta Cordero-Moss 5. By-passing sovereignty: Trafigura lawsuits (re Ivory Coast) Sara Dezalay and Simon Archer Part II The Rise of Informality: Emerging Non-legal Normativities 6. Indigenous norms and judicial anthropology Song Mao, Alex Mills, Hisashi Harata and Oona Le Meur 7. Non-state authority: FIFA Franck Latty 8. Informal Codes: Nike v Kasky Ralf Michaels and Ludovic Hennebel 9. Arbitration and religion: Jivraj v Hashwani François-Xavier Licari, Sandrine Brachotte and Nathalie Najjar Part III Changing Structures: New Foundations of the Private Global Economy 10. Emerging global giants: the legal infrastructure and structural causes of economic monopoly: Samsung Darren Rosenblum, Calixto Salomão Filho and Vitor Henrique Pinto Ido 11. Global supply chains: Doe v. Nestle Tomaso Ferrando and Samuel Fulli-Lemaire 12. Global market for sovereign debt: Argentina v. NML Capital, Ltd. Jerôme Sgard and Mark Weidemaier 13. Autotomizing financial markets: Lehman Brothers v. BNY Corporate Trustee Horatia Muir Watt Part IV Modes of Reasoning: Doing Law beyond the State 14. Mysteries of extraterritoriality: RJR Nabisco, Inc. v European Community Hannah Buxbaum and Jean d’Aspremont 15. Beyond the State: How far can Rights Reach?: Kiobel v. Royal Dutch Petroleum Co Patrick Kinsch, Chris Thomale and Fabien Marchadier 16. Interpretation at cross-purposes: Dallah v. Pakistan Hayk Kupelyants and Sylvain Bollée 17. Economic transplants : Lafonta v. Autorité des marchés financiers Katja Langenbucher and Toni Marzal 18. Mestizo International Law: Petrobras saga Filipe Antunes Madeira da Silva, Fabio Costa Morosini and Michelle Sanchez Badin 19. Legal challenges of data dominance: Yahoo! v. LICRA and Microssoft - Ireland Cases Paul Schiff Berman and Jennifer Daskal Part V Global market: Unfamiliar foci of concern 20. Global contract governance: Selden v. Airbnb David Restrepo-Amariles and Gregory Lewkowicz 21. Free movement of corporations: Centros Ltd. v. Erhvervs-og Selskabsstyrelsen Jeremy Heymann and Régis Bismuth 22. Financial markets: Banco Santander v Transport Companies Catalina Avasilencei and Gilles Cuniberti 23. Global labour market: Laval Uglješa Grušić and Etienne Pataut Part VI Personhood: Changing identities 24. Surrogacy issues: Mennesson v. France Kellen Trilha and Dagmar Coester-Waltjen 25. Blind spots (persons and family): Blood Elsa Supiot and Michael Wells-Greco 26. Cultural identities: Wagner v. Luxembourg Hans Van Loon and David Sindres 27. Privatisation of international migration flows: Manus Island class action Sabine Corneloup and Jinske Verhellen Index

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Book SynopsisGlobal Private International Law is a groundbreaking casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law.Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora.Key Features: the specific global scope allows the reader to gain a contextualised understanding of legal transformation each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues. Table of ContentsContents: Introduction Part I Jurisdiction: Judging without Frontiers? 1. Post-war yearning for deparochialisation and the siren of free trade: The Bremen v. Zapata Off-Shore Co. Jacco Bomhoff, Agatha Brandão de Oliveira and Lucia Bíziková 2. Judicial discretion (From Bhopal to Brexit): Owusu v. Jackson Christelle Chalas and Richard Fentiman 3. Parallel proceedings: Texaco/Chevron lawsuits (re Ecuador) Diego P. Fernández Arroyo qnd Laura Carballo Piñeiro 4. Free-wheeling judgments/awards: Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. George A. Bermann and Giuditta Cordero-Moss 5. By-passing sovereignty: Trafigura lawsuits (re Ivory Coast) Sara Dezalay and Simon Archer Part II The Rise of Informality: Emerging Non-legal Normativities 6. Indigenous norms and judicial anthropology Song Mao, Alex Mills, Hisashi Harata and Oona Le Meur 7. Non-state authority: FIFA Franck Latty 8. Informal Codes: Nike v Kasky Ralf Michaels and Ludovic Hennebel 9. Arbitration and religion: Jivraj v Hashwani François-Xavier Licari, Sandrine Brachotte and Nathalie Najjar Part III Changing Structures: New Foundations of the Private Global Economy 10. Emerging global giants: the legal infrastructure and structural causes of economic monopoly: Samsung Darren Rosenblum, Calixto Salomão Filho and Vitor Henrique Pinto Ido 11. Global supply chains: Doe v. Nestle Tomaso Ferrando and Samuel Fulli-Lemaire 12. Global market for sovereign debt: Argentina v. NML Capital, Ltd. Jerôme Sgard and Mark Weidemaier 13. Autotomizing financial markets: Lehman Brothers v. BNY Corporate Trustee Horatia Muir Watt Part IV Modes of Reasoning: Doing Law beyond the State 14. Mysteries of extraterritoriality: RJR Nabisco, Inc. v European Community Hannah Buxbaum and Jean d’Aspremont 15. Beyond the State: How far can Rights Reach?: Kiobel v. Royal Dutch Petroleum Co Patrick Kinsch, Chris Thomale and Fabien Marchadier 16. Interpretation at cross-purposes: Dallah v. Pakistan Hayk Kupelyants and Sylvain Bollée 17. Economic transplants : Lafonta v. Autorité des marchés financiers Katja Langenbucher and Toni Marzal 18. Mestizo International Law: Petrobras saga Filipe Antunes Madeira da Silva, Fabio Costa Morosini and Michelle Sanchez Badin 19. Legal challenges of data dominance: Yahoo! v. LICRA and Microssoft - Ireland Cases Paul Schiff Berman and Jennifer Daskal Part V Global market: Unfamiliar foci of concern 20. Global contract governance: Selden v. Airbnb David Restrepo-Amariles and Gregory Lewkowicz 21. Free movement of corporations: Centros Ltd. v. Erhvervs-og Selskabsstyrelsen Jeremy Heymann and Régis Bismuth 22. Financial markets: Banco Santander v Transport Companies Catalina Avasilencei and Gilles Cuniberti 23. Global labour market: Laval Uglješa Grušić and Etienne Pataut Part VI Personhood: Changing identities 24. Surrogacy issues: Mennesson v. France Kellen Trilha and Dagmar Coester-Waltjen 25. Blind spots (persons and family): Blood Elsa Supiot and Michael Wells-Greco 26. Cultural identities: Wagner v. Luxembourg Hans Van Loon and David Sindres 27. Privatisation of international migration flows: Manus Island class action Sabine Corneloup and Jinske Verhellen Index

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisNow in its second edition, and with significant updates and new material, Gilles Cuniberti’s innovative textbook offers a comparative treatment of private international law, a field of great importance in an increasingly globalized world. Written by a leading voice in the field, and using a text and cases approach, this text systematically presents and compares civil law and common law approaches to issues primarily within the United Kingdom, United States, France and the EU, as well as offering additional updated insights into rules applicable in other jurisdictions such as Japan, China and Germany.Key features of the second edition include: New topics covered in the fields of jurisdiction and foreign judgments Original discussions surrounding the 2019 Hague Convention on Judgments and the changes contemplated by the new US Restatement on Conflict of Laws US, EU, French and English perspectives integrated throughout the text to ensure maximum relevance and encourage students to make comparative assessments Carefully selected extracts from primary and secondary sources that build a clear picture of the field, as well as expert analytical commentaries and questions that set these extracts in context. Offering a unique comparison between the civil law and common law perspective, this revised and updated edition will be a key resource for students in private international law and conflict of law courses. Conflict of Laws: A Comparative Approach will also help to train lawyers who not only know the law of their own jurisdiction, but also need to have an understanding of the key differences between models, in order to be able to interact successfully with clients from other jurisdictions.Trade Review‘The coming out of a second edition of this book is particularly welcome. The reality of nowadays’ world, indeed, makes the adoption of a transnational perspective in the study of private international law particularly deserving, making it rather short-sighted to persist in a purely national or regional attitude in addressing the subject. A further distinguishing feature of this textbook lies in its methodological approach, based on a direct confrontation with cases, arising from the practice of various jurisdictions. This second edition introduces important updates, with a fresh discussion of new cases and more recently adopted legislation, particularly from the EU side, keeping up with the unceasing development of the subject.’ -- Fabrizio Marongiu Buonaiuti, University of Macerata, Italy‘A comparative perspective on private international law is essential in a globalized world of constantly interacting legal systems. Yet there is a dearth of teaching materials offering such a perspective. This makes Professor Cuniberti’s Conflict of Laws: A Comparative Approach an especially important contribution to the field. Reflecting the author’s expertise in both comparative law and private international law, the second edition continues to offer both a valuable teaching resource and a useful point of departure for research on comparative private international law.’ -- Christopher A. Whytock, University of California, US‘The teaching of private international law is perhaps ever more needful in today’s interconnected world where even the most apparently local of cases can turn out to have x-border implications. Accordingly any students who aspire to legal practise will benefit from a basic understanding of the principles. As Cuniberti has correctly identified the best way for students to understand this complex subject is to start with the cases and the commentary upon them; in this sense this latest edition of Conflict of Laws is a hugely valuable teaching tool, bringing all the content together in one volume making it accessible in terms of length and price.’ -- Diana Wallis, University of Hull, UKAcclaim for the first edition:‘While comparison has always been important in the conflict of laws, it is crucial today, in a context of accelerated exchange and diversified societies. But the materials have become, correlatively, so abundant that teaching a satisfactory class in this field is now a considerable challenge. Cuniberti has selected and assembled the most significant sources from various legal traditions, and guides the student through each carefully constructed chapter by a series of questions, US case book style. An excellent pedagogical tool!’ -- Horatia Muir Watt, Sciences Po Law School, FranceTable of ContentsContents: Preface Introduction to Conflict of Laws: A Comparative Approach PART I CHOICE OF LAW 1. Competing methodologies 2. The choice of law process PART II JURISDICTION 3. Variety of jurisdictional rules 4. Parallel litigation 5. Choice of court agreements PART III FOREIGN JUDGMENTS 6. Foreign nation judgments 7. Sister states’ judgments PART IV CONTRACTS 8. Jurisdiction in contractual matters 9. Choice of law in contractual matters PART V TORTS 10. Choice of law in tort matters Short bibliography Index

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Book SynopsisCombining materials from a wide variety of sources with Michael Zander's authoritative commentary, this book provides the tools with which an observer of the English legal system can discover how it functions, the problems it faces and the current reforms proposed.Table of Contents1. The organisation of trial courts; 2. Pre-trial civil proceedings; 3. Pre-trial criminal proceedings; 4. The trial process; 5. The jury; 6. Costs and the funding of legal proceedings; 7. Appeals; 8. The legal profession.

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Book SynopsisThis book considers the great judicial dissents in Australian law, explaining why these minority opinions remain significant, while so many are immediately forgotten. It is valuable to anyone studying or working in the law or who is interested in understanding the way that disagreement features in how multimember courts decide cases.Table of Contents1. Introduction: what makes a dissent 'great'? Andrew Lynch; 2. Justice Barton and the demise of the Inter-State Commission in the 'Wheat Case' (1915) Oscar Roos; 3. Unrequited but still great: the dissent of Justices Dixon and Evatt in R v. Federal Court of Bankruptcy; Ex parte Lowenstein (1938) Andrew Lynch; 4. Justice Evatt and the lost child in Chester v. Waverley Corporation (1939) Barbara McDonald; 5. Uther's Case (1947): Justice Dixon and the troubled legacy of the Commonwealth Immunity Doctrine Stephen McDonald and Anne Carter; 6. 'Lone, vehement and incredulous': Chief Justice Latham in the Communist Party case (1951) George Williams; 7. Public Prosecutor v. Oie Hee Koi (1968): not so humbly advising? Sir Garfield Barwick and the introduction of dissenting reasons to the Judicial Committee of the Privy Council Oliver Jones; 8. The trouble with duress: the dissent of Chief Justice Bray in R v. Brown and Morley (1968) Joe McIntyre; 9. The 'intelligence of a future day': the vindication of Justice Stephen's dissent in Henry v. Boehm (1973) Michael Coper; 10. Justice Mason in the Australian Assistance Plan case (1975): nationhood, Federalism and Commonwealth executive power Peta Stephenson; 11. Justice Murphy's dissent in Australian Conservation v. Commonwealth (1980): the birth of public interest standing in Australia? Matthew Groves; 12. The essence of a fiduciary relationship: Justice Mason's dissent in Hospital Products Ltd v. United States Surgical Corporation (1984) Simone Degeling and Greg Weeks; 13. The Chamberlain dissents (1984) Jeremy Gans; 14. Treachery or heroism? The judgment of Justices Deane and Toohey in Leeth v. Commonwealth (1992) Amelia Simpson; 15. Justice Dawson's steadfast defence of the 'very essence of political discussion' in Langer v. Commonwealth (1996) Adrienne Stone and Kristen Walker, QC; 16. Certainty, co-existence and the legacy of Mabo: Justice North in the Miriuwung Gajerrong native title case (2000) Sean Brennan; 17. When liberty divides: judicial cleavages and their consequences in Al-Kateb v. Godwin (2004) A. J. Brown; 18. He who would not be muzzled: Justice Heydon's last dissent in Monis v. The Queen (2013) Gabrielle Appleby and Heather Roberts.

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Book SynopsisDie Sammlung der Entscheidungen des Bundesverfassungsgerichts gehört zu den einflussreichsten und meistzitierten Periodika der deutschen Jurisprudenz. Sie enthält alle Senatsentscheidungen des Bundesverfassungsgerichts (BVerfG) in ungekürzter Fassung. Begonnen mit Gründung des Gerichts im Jahr 1951, wird die Sammlung inzwischen jedes Jahr mehrmals um neue Bände ergänzt. In der abgekürzten Zitierweise als "BVerfGE" ist sie jedem deutschen Juristen geläufig und gilt vielen sogar als "die amtliche Sammlung". Zu den Höhepunkten der Sammlung gehören auch die fünf meistzitierten deutschen Gerichtsentscheidungen - zur Volkszählung 1987 (BVerfGE 65, 1), zum Boykottaufruf des Hamburger Senatsdirektors Lüth 1958 (BVerfGE 7, 198), zum Schnellen Brüter in Kalkar 1972 (BVerfGE 49, 89), zum Schwangerschaftsabbruch (BVerfGE 39, 1) sowie zum Mitbestimmungsgesetz 1976 (BVerfGE 50, 290).

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