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A Casebook on ContractA Casebook on Contract

Автор: Andrew Burrows

This is the third revised edition of Professor Burrows' casebook, offering undergraduate law students the ideal way to discover and understand contract law through reading highlights from the leading cases. It has been brought up to date, incorporating extracts from a number of leading cases decided since 2009. Designed to be used in conjunction with a contract law textbook, it covers the undergraduate contract law course in a series of clearly presented and carefully-structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of...

Цена: 5408 руб.
Страницы: 840
Год: 2011
ISBN: 1849461635

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A Casebook on Contract - Second editionA Casebook on Contract - Second edition

Автор: Andrew Burrows

This is the second, revised, edition of Professor Burrows' casebook, offering undergraduate law students the ideal way to discover and understand contract law through reading highlights from the leading cases. It has been brought up to date, incorporating extracts from a number of leading cases decided since 2007. Designed to be used in conjunction with a contract law textbook, it covers the undergraduate contract law course in a series of clearly presented and carefully-structured chapters. The author provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. The relevant statutes are also set out along with a principled analysis of them. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of...

Цена: 8059 руб.
Страницы: 884
Год: 2011
ISBN: 1841139939

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A Casebook on Contract - First EditionA Casebook on Contract - First Edition

Автор: Andrew Burrows

This new casebook by Professor Burrows offers undergraduate law students the ideal way to discover and understand contract law through reading highlights from the leading cases. Designed to be used in conjunction with a contract law textbook, it covers the undergraduate contract law course in a series of clearly presented and carefully-structured chapters. Professor Burrows provides an expert introduction to each topic and his succinct notes and questions seek to guide students to a proper understanding of the cases. A principled analysis is also given of the relevant statutes. In addition to cross-references to further discussion in the leading textbooks, an innovative feature is the summary of leading academic articles in each chapter. The book is designed not to overwhelm students by its length but covers all aspects of the law of contract most commonly found in the undergraduate curriculum. Part one: The Formation of a Contract 1. Offer and Acceptance 2. Certainty...

Цена: 7781 руб.
Страницы: 812
Год: 2011
ISBN: 1841137138

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A Casebook on European Consumer LawA Casebook on European Consumer Law

Book DescriptionEuropean consumer law has become a vital part of both legal education and practice. This Casebook details the most fundamental judgments of the Court of Justice on consumer law to date and their effect on national legal systems. It contains twenty leading European cases and is then followed by concise analyses of the effect of these decisions on some of the national legal systems of the Member States, and how national legislatures and national courts have reacted to this ever burgeoning area of European law. The focus of the book is private law, including consumer contracts, advertisement law, European product liability and consumer dispute resolutions.

Цена: 5190 руб.
Страницы: 296
Год: 2002
Производитель: Hart Publishing
ISBN: 1-84113-227-6

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A Constitutional Order of States?A Constitutional Order of States?

Автор: Edited by Anthony Arnull, Catherine Barnard, Michael Dougan and Eleanor Spaventa

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners,...

Цена: 14570 руб.
Страницы: 688
Год: 2011
ISBN: 1849460469

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A Great and Noble Occupation!'A Great and Noble Occupation!'

Автор: Fiona Cownie and Raymond Cocks

The Society of Legal Scholars, originally the Society of Public Teachers of Law, was created in 1909, but was fortunate to survive its first half century. It had few members, lacked financial resources and was weak in influence. In comparison with other university disciplines Law enjoyed a fragile status, and was often held in low esteem by barristers and solicitors. At times the SPTL was caught up in problems of its own making, for instance refusing to admit women until the late 1940s. But there were also moments of excitement and achievement: the years between 1909 and the start of WWI were full of hope and new ideas and the establishment of the Journal of the Society of Public Teachers of Law in the 1920s was an important achievement for legal scholars. During the social revolution of the 1960s the SPTL continued to function as a rather sedate gentleman's club, gathering at its annual conference to socialise, rather than to engage in academic debate. The 1970s saw a sustained...

Цена: 5418 руб.
Страницы: 330
Год: 2011
ISBN: 1841136786

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A Handbook of EU Institutional LawA Handbook of EU Institutional Law

Автор: Kieran Bradley

Institutional law is to a large extent the poor relation in the literature on the EU's constitutional order, particularly compared to that on the Community's legal system and the protection of fundamental rights. With the increase in the complexity of Community and Union decision-making, some familiarity with how the institutions operate has become useful, even essential, across the entire gamut of Union activity. At the same time, such familiarity has become ever more difficult to acquire, owing notably to successive rounds of Treaty amendment and the judicialisation of inter-institutional relations. This book seeks to redress the balance somewhat, by treating as a subject in its own right the law governing the structures, organisation and functioning of the institutions, and the legal regulation of relations between them.

Цена: 9726 руб.
Страницы: 300
Год: 2011
ISBN: 1841132470

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A History of British Labour LawA History of British Labour Law

Автор: Douglas Brodie

In the UK the received wisdom has tended to be that,historically, British labour law was abstentionist or non-interventionist, best epitomised by the words of Lord Wedderburn who has written that '...collective bargaining has developed in a system which depends very little on the law, which is covered by very few decisions of the judges, and which is controlled by statute very little, if at all.'. It is not until we reach the Industrial Relations Act 1971 that we discover the first attempt in peacetime to move to a legally regulated system. However, the accuracy of this non-interventionist depiction appears to very much depend on the period which is examined, which is why an historical perspective is needed in order to understand the significance of the current shape and scope of British labour law. The aim of this work is to re-examine the received interpretation by looking at both the role given to law, and that anticipated and argued for it, during the most formative period of...

Цена: 9340 руб.
Страницы: 266
Год: 2011
ISBN: 184113015X

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A History of the Laws of War: Volume 2A History of the Laws of War: Volume 2

Автор: Alexander Gillespie

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BC, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: volume 1 on the laws affecting combatants and captives; volume 2 on civilians; and volume 3 on the law of arms control. As a work of reference this set of three books is unrivalled, and will be of immense benefit...

Цена: 8780 руб.
Страницы: 348
Год: 2011
ISBN: 1849462054

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A History of the Laws of War: Volume 1A History of the Laws of War: Volume 1

Автор: Alexander Gillespie

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BC, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: volume 1 on the laws affecting combatants and captives; volume 2 on civilians; and volume 3 on the law of arms control. As a work of reference this set of three books is unrivalled, and will be of immense benefit...

Цена: 6258 руб.
Год: 2011
ISBN: 1849462046

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A History of the Laws of War: 3 VOLUME BOXED SETA History of the Laws of War: 3 VOLUME BOXED SET

Автор: Alexander Gillespie

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BC, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: volume 1 on the laws affecting combatants and captives; volume 2 on civilians; and volume 3 on the law of arms control. As a work of reference this set of three books is unrivalled, and will be of immense benefit...

Цена: 24284 руб.
Страницы: 779
Год: 2011
ISBN: 1849462038

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A History of the Laws of War: Volume 3A History of the Laws of War: Volume 3

Автор: Alexander Gillespie

This unique new work of reference traces the origins of the modern laws of warfare from the earliest times to the present day. Relying on written records from as far back as 2400 BC, and using sources ranging from the Bible to Security Council Resolutions, the author pieces together the history of a subject which is almost as old as civilisation itself. The author shows that as long as humanity has been waging wars it has also been trying to find ways of legitimising different forms of combatants and ascribing rules to them, protecting civilians who are either inadvertently or intentionally caught up between them, and controlling the use of particular classes of weapons that may be used in times of conflict. Thus it is that this work is divided into three substantial parts: volume 1 on the laws affecting combatants and captives; volume 2 on civilians; and volume 3 on the law of arms control. As a work of reference this set of three books is unrivalled, and will be of immense benefit...

Цена: 8780 руб.
Страницы: 194
Год: 2011
ISBN: 1849462062

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A History of the Middle TempleA History of the Middle Temple

Автор: Edited by Richard O Havery

The history of the Middle Temple is a long and fascinating one. Templars held the estate of the Temple from the twelfth century until their suppression in the early fourteenth century; thereafter the lawyers came. Its magnificent Tudor Hall was completed in 1574. By Elizabethan times the Inns of Court were known colloquially as the Third University of England and many persons other than lawyers had become members - among them Sir Walter Raleigh, Elias Ashmole, Edward Hyde (Earl of Clarendon), William Congreve, Henry Fielding, Edmund Burke, William Cowper and William Makepeace Thackeray. Another Middle Templar and explorer was Bartholomew Gosnold, discoverer of Cape Cod, who named a nearby island Martha's Vineyard in honour of his six-year old daughter. From those beginnings grew the thirteen American colonies and in due course five Middle Templars signed the American Declaration of Independence on 4 July 1776. Moreover, the US Constitution was drafted by a committee chaired by yet...

Цена: 5791 руб.
Страницы: 474
Год: 2011
ISBN: 184113421X

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A New Land LawA New Land Law

Автор: Peter Sparkes

Peter Sparkes’ path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author’s developing thinking on the structural aspects of the subject. The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new...

Цена: 6912 руб.
Страницы: 982
Год: 2011
ISBN: 1841133809

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A New Landlord and TenantA New Landlord and Tenant

Автор: Peter Sparkes

This book is designed to complement the author’s A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases – short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law. Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and...

Цена: 8780 руб.
Страницы: 972
Год: 2011
ISBN: 1841130230

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A New Landlord and TenantA New Landlord and Tenant

Автор: Peter Sparkes

This book is designed to complement the author’s A New Land Law,integrating with that work in its simplified terminology, and emphasising a three-fold functional classification of leases – short residential tenancies, long residential leases and commercial leases. Rented housing is treated as a unified whole, with particular prominence being given to shorthold arrangements. The book includes reference to the changes to the allocation and homelessness regimes proposed by Part II of the Homes Bill 2000. It also considers the impact of the Human Rights Act 1998, the changes to repossession procedures implemented by the Woolf Reforms, and the year 2000 bumper crop of decisions on housing law. Leasehold tenure is undergoing dramatic changes. The book draws a functional distinction between long residential leases and rental arrangements, based on the registrability of long leases, their freedom from rent controls and security of tenure, special controls of management and...

Цена: 21482 руб.
Страницы: 972
Год: 2011
ISBN: 1841130222

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A New Miscellany-at-LawA New Miscellany-at-Law

Автор: Sir Robert Megarry, edited by Bryan A Garner

Should horses in Charleston be required to wear diapers? Does the hotchpot rule apply when dividing a testator's 17 residuary elephants? Which verse in the Old Testament was the life-saving 'neck' verse? May sexual intercourse be conducted on a without prejudice basis? These questions and many others like them are raised but not always fully answered in A New Miscellany-at-Law. This follows the same style as its two predecessors but consists of entirely new material, some of it suggested by the readers of the first two volumes. Like them, it collects accounts of strange and remarkable cases, striking court-room exchanges, wise and witty utterances from the Bench, and much else that illumines the law. For the common law world its reach is global, with many riches from the USA; and Scotland is not forgotten. Although the book is primarily for lawyers, a glossary and explanatory footnotes enable non-lawyers to share in the humour. Some may read the book from cover to cover; but for...

Цена: 6165 руб.
Страницы: 392
Год: 2011
ISBN: 1841135542

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A Responsibility to AssistA Responsibility to Assist

Автор: A COST Report edited by Tom Hadden

This report, written as part of a wider review of human rights in EU foreign policy, describes and assesses the current decision-making structures and procedures for EU military, police and civilian crisis management missions throughout the world. EU interventions or missions in non-member countries are a relatively recent development, and have largely been undertaken to ensure more effective co-ordination of humanitarian, peace-keeping, and peace building efforts by Member States in response to international conflicts and crises - and perhaps also to project the role of the EU as a major actor on the global stage. EU missions may involve the deployment of military forces in peace-keeping or peace enforcement operations, the deployment of military and police personnel in a preventive role or with a view to maintaining public order or controlling criminal activity, or they may involve the provision of civilian support for the rebuilding or redevelopment of the rule of law in...

Цена: 6351 руб.
Страницы: 133
Год: 2011
ISBN: 1841139343

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A Right to Inclusion and Exclusion?A Right to Inclusion and Exclusion?

Автор: Edited by Hans Lindahl

This volume of essays, situated at the interface between legal doctrine and legal and political philosophy, discusses the conceptual and normative issues posed by the right to inclusion and exclusion the EU claims for itself when enacting and enforcing immigration and asylum policy under the Area of Freedom, Security and Justice. In particular, the essays probe how this alleged right acquires institutional form; how the enactment and enforcement of the EU's external borders render possible and undermine the claim to such a right; and how the fundamental distinctions that underpin this alleged right, such as inside/outside and citizen/alien, are being disrupted and reconfigured in ways that might render the EU's civic and territorial boundaries more porous. The volume is divided into three parts. A first set of essays delves into the empirical aspects that define the institutional context of the EU's alleged jus includendi et excludendi. A second set of essays is theoretical in...

Цена: 10648 руб.
Страницы: 298
Год: 2011
ISBN: 1841139491

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A Simple Common LawyerA Simple Common Lawyer

Автор: Edited by David Dyzenhaus, Murray Hunt and Grant Huscroft

Michael Taggart was the Alexander Turner Professor of Law in the University of Auckland, New Zealand until his retirement in 2008. He has worked extensively on public law, in particular administrative law, privatisation and the public/private law divide as well as on legal history. He has visited and taught at the Universities of Melbourne, New South Wales, Toronto, Cambridge, Paris II, Victoria at Wellington, Saskatchewan, Western Ontario, Queen’s University at Kingston and Osgoode Hall Law School. This book of essays, dedicated to him by a group of his friends including academic colleagues, practitioners and judges, marks his enormous contribution to the common law.

Цена: 9527 руб.
Страницы: 328
Год: 2011
ISBN: 1841139238

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A Sociology of JurisprudenceA Sociology of Jurisprudence

Автор: Richard Nobles and David Schiff

Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its...

Цена: 3835 руб.
Страницы: 264
Год: 2011
ISBN: 1841135984

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A Textbook of European Union LawA Textbook of European Union Law

Автор: Andrew Evans

This book is designed to illustrate the ‘core’ principles of European Union (EU) law. As such it seeks to set out, in clear and understandable fashion, the law of the EU as found in the EC Treaty and Treaty on European Union as well as the judgments of the European Courts, legislative enactments of the Council of the Union, administrative decisions of the European Commission and official publications of national and Union institutions. What makes it unique and distinct from other textbooks in the subject is that it examines the EU within the context of globalization processes which have rendered the strictly ‘internal’ approach to the EU that characterises other textbooks outdated and in some ways misleading. It is now widely accepted that the law governing the relations between the Union and the rest of the world cannot be treated separately from the internal law of the Union, and this books sets out to show how the two interrelate and affect one another. Thus, when dealing with...

Цена: 6912 руб.
Страницы: 720
Год: 2011
ISBN: 190136237X

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A Theory of PrecedentA Theory of Precedent

Автор: Raimo Siltala

Analytical jurisprudence has been mostly silent on the role of precedent in legal adjudication. What is the content of a judge’s precedent ideology,or the rule of precedent-recognition, by means of which the ratio of a case is to be distinguished from mere dicta? In this study, the author identifies six types of judicial precedent-ideology, among them judicial legislation, systemic construction of the underlying reasons of law in the Dworkinian sense, and a radical re-evaluation of the merits of a prior case in later adjudication, as envisioned by the American Realists. These competing models are tested against judicial experiences in the UK, US, France, Italy, Germany and Finland. By this means Lon Fuller’s famous ‘internal morality of law’ is shown to function rather poorly in the context of precedents, and the author therefore suggests a redefinition of the rule which makes it work for precedent. This, in turn leads the author to confront fundamental questions about the...

Цена: 14010 руб.
Страницы: 288
Год: 2011
ISBN: 1841131237

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A True EuropeanA True European

Автор: Edited by Mark Hoskins and William Robinson

Judge David Edward has enjoyed a glittering career. After a substantial,successful period in Scotland, both as a practising advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honour of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward’s career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on Community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in Community law.

Цена: 13076 руб.
Страницы: 444
Год: 2011
ISBN: 1841134473

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A Virtue Less CloisteredA Virtue Less Cloistered

Автор: Ian Cram

Whilst paying lip service to the importance of public access to court proceedings and its corollary of unfettered media reporting,a trawl through common law jurisdictions reveals that judges and legislators have been responsible for substantial inroads into the ideal of open justice. Outside of the US, judges and legislators have long subordinated media freedom to report and comment upon matters relating to the administration of justice in order to safeguard the fairness of individual proceedings, public confidence in the administration of justice more generally or even individual privacy concerns. The subject matter of this book is a comparative treatment of constitutional protection for open justice. Focusing on developments in the legal systems of the United Kingdom, the United States, Canada and Australia, the monograph draws upon the constitutionalization of expression interests across the common law world to engage in a much needed re-assessment of the basis and extent of...

Цена: 9527 руб.
Страницы: 224
Год: 2011
ISBN: 1841130389

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Academic Freedom and the LawAcademic Freedom and the Law

Автор: Eric Barendt

Academic Freedom and the Law: A Comparative Study provides a critical analysis of the law relating to academic freedom in three major jurisdictions: the United Kingdom, Germany and the United States. The book outlines the various claims which may be made to academic freedom by individual university teachers and by universities and other higher education institutions, and it examines the justifications which have been put forward for these claims. Three separate chapters deal with the legal principles of academic freedom in the UK, Germany, and the USA. A further chapter is devoted to the restrictions on freedom of research which may be imposed by the regulation of clinical trials, by intellectual property laws, and by the terms of contracts made between researchers and the companies sponsoring medical and other research. The book also examines the impact of recent terrorism laws on the teaching and research freedom of academics, and it discusses their freedom to speak about general...

Цена: 8219 руб.
Страницы: 360
Год: 2011
ISBN: 1841136948

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Accounting for HungerAccounting for Hunger

Автор: Edited by Olivier De Schutter and Kaitlin Cordes

The challenge of global hunger is now high on the agenda of governments and international policy-makers. This new work contributes to addressing that challenge, by looking at the obstacles which stand in the way of implementing a right to food in the era of globalisation. The book has several functions: to describe the current situation of global hunger, to consider how it relates both to the development of food systems and to the merger of the food and energy markets, and to explain how the right to food contributes to identifying solutions at the domestic and international levels. The right to food, it argues, can only be realized if governance improves at the domestic level, and if the international environment enables governments to adopt appropriate policies, for which they require a certain policy space. The essays in this book demonstrate how improved accountability at national level and reform of the international economic environment in the areas of trade, food aid, and...

Цена: 11463 руб.
Страницы: 300
Год: 2011
ISBN: 1849462267

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Adapting Legal CulturesAdapting Legal Cultures

Автор: Edited by David Nelken and Johannes Feest

This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a...

Цена: 5418 руб.
Страницы: 288
Год: 2011
ISBN: 1841132926

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Adapting Legal CulturesAdapting Legal Cultures

Автор: Edited by David Nelken and Johannes Feest

This exciting collection looks at the theory and practice of legal borrowing and adaptation in different areas of the world: Europe,the USA and Latin America, S.E. Asia and Japan. Many of the contributors focus on fundamental theoretical issues. What are legal transplants? What is the role of the state in producing socio-legal change? What are the conditions of successful legal transfers? How is globalisation changing these conditions? Such problems are also discussed with reference to substantive and specific case studies. When and why did Japanese rules of product liability come into line with those of the EU and the USA? How and why did judicial review come late to the legal systems of Holland and Scandinavia? Why is the present wave of USA-influenced legal reforms in Latin Amercia apparently having more success than the previous round? How does competition between the legal and accountancy professions affect patterns of bankruptcy? The chapters in this volume, which include a...

Цена: 14010 руб.
Страницы: 288
Год: 2011
ISBN: 1841132918

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Administrative Justice in the 21st CenturyAdministrative Justice in the 21st Century

Автор: Edited by Michael Harris and Martin Partington

The idea of administrative justice is central to the British system of public law, more embracing than judicial review, or even administrative law itself. It embraces all the mechanisms designed to achieve a proper balance between the exercise of public and quasi-public power and those affected by the exercise of that power. This book contains revised versions of the papers given at the International Conference on Administrative Justice held in Bristol in 1997. Forty years after the publication of the Franks Committee report on Tribunals and Inquiries, the conference reflected on developments since then and sought to provoke debate about how the future might unfold. Participants included policy makers, tribunal chairs and ombudsmen, other decision-takers as well as academics - a formidable combination of expertise in the operation of the administrative justice system. Among the themes addressed in the papers are the following: the effect of the changing nature of the state...

Цена: 20174 руб.
Страницы: 550
Год: 2011
ISBN: 1901362663

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Administrative Justice and Asylum AppealsAdministrative Justice and Asylum Appeals

Автор: Robert Thomas

How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating upon the disputes individuals have with government? This book examines how the idea of adjudicative quality works in practice by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. Integrating empirical research with legal analysis, this book provides an in-depth study of the development and operation of this tribunal system and of asylum decision-making. The book examines how this particular appeal process seeks to mediate the tension between...

Цена: 9714 руб.
Страницы: 342
Год: 2011
ISBN: 184113936X

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Administrative Justice in ContextAdministrative Justice in Context

Автор: Edited by Michael Adler

This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of ‘contextual changes’ on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a...

Цена: 10087 руб.
Страницы: 542
Год: 2011
ISBN: 1841139289

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Administrative Law in a Changing StateAdministrative Law in a Changing State

Автор: Edited by Linda Pearson, Carol Harlow and Michael Taggart

This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack...

Цена: 13823 руб.
Страницы: 420
Год: 2011
ISBN: 1841137871

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Administrative Tribunals and AdjudicationAdministrative Tribunals and Adjudication

Автор: Peter Cane

One of the most significant constitutional developments of the past century has been the creation and proliferation of O'administrative tribunals' the main function of which is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a task also performed by courts in 'judicial review' proceedings and appeals. Tribunals in aggregate adjudicate many more such disputes than courts, but have received relatively little scholarly attention. This book compares tribunals in Australia, the UK and the US. It offers an account of the concept of 'administrative adjudication', and traces its historical development from the earliest periods of the common law to the twenty-first century. There are chapters dealing with the design of tribunals and tribunal systems and with what tribunals do, what they are for and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and...

Цена: 5137 руб.
Страницы: 314
Год: 2011
ISBN: 1849460914

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Administrative Tribunals and AdjudicationAdministrative Tribunals and Adjudication

Автор: Peter Cane

Among the many constitutional developments of the past century or so, one of the most significant has been the creation and proliferation of institutions that perform functions similar to those performed by courts but which are considered to be, and in some ways are, different and distinct from courts as traditionally conceived. In much of the common law world, such institutions are called 'administrative tribunals'. Their main function is to adjudicate disputes between citizens and the state by reviewing decisions of government agencies - a function also performed by courts in 'judicial review' proceedings and appeals. Although tribunals in aggregate adjudicate many more such disputes than courts, tribunals and their role as dispensers of 'administrative justice' receive relatively little scholarly attention. This wide-ranging book-length treatment of the subject compares tribunals in three major jurisdictions: Australia the UK and the US. It analyses and offers an account of the...

Цена: 11582 руб.
Страницы: 312
Год: 2011
ISBN: 1841130095

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Advanced Contract and Opinion Practices under the Cape Town ConventionAdvanced Contract and Opinion Practices under the Cape Town Convention

Автор: The Legal Advisory Panel of the Aviation Working Group

This book is the second in a series which addresses practical issues relating to contracting under the Cape Town Convention (the Convention). It has been produced by the Legal Advisory Panel of the Aviation Working Group, which has been the driving force behind the preparation and promotion of the Convention as applied to aircraft objects at the centre of activity on legal issues arising under the Convention. The aim of the group is to assist professionals working with the Convention in the context of transactions. This second book (the Green Book) builds upon the earlier Contract Practices under the Cape Town Convention ('the Purple Book'), which set out an initial set of practical guidelines to contracting under the Convention. The Purple Book was published prior to the entry into force of the Convention and since its publication major developments have occurred. The Convention and Protocol came into force on 1 March 2006, on which date the International Registry for aircraft...

Цена: 10648 руб.
Страницы: 76
Год: 2011
ISBN: 1841139874

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AfricaAfrica

Автор: Edited by Jeremy Levitt

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. As such, the volume addresses orthodox topics of international law - such as jurisdiction and intervention - but tackles them from an African perspective, and seeks to ask whether, in each case, the African perspective is unique or affirms existing arrangements of international law. The book cannot come at a more important time. While international legal discourse has been captured by the challenge of terrorism since September 11, 2001, there are clear signs that other issues are returning to the fore. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new...

Цена: 10648 руб.
Страницы: 350
Год: 2011
ISBN: 1841136182

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AfricaAfrica

Автор: Edited by Jeremy Levitt

The principal aim of this work is to provide a forum for leading international lawyers with experience and interest in Africa to address a broad range of intellectual challenges concerning the contribution of African states and peoples to international law. The volume addresses orthodox topics of international law such as jurisdiction and intervention, from an African perspective, and seeks to ask whether in each case, the African perspective is unique or affirms existing arrangements of international law. Political interest in Africa has undergone a global revival, and the OAU has been transformed into the African Union. Infrastructural challenges, along with those taking place in regional contexts, have effectively mapped a new politico-legal landscape for Africa. This, and more, is explored, and the key normative questions are addressed in a series of essays by leading Africanist scholars. 'This is a remarkable collection of essays that clearly and concisely demonstrates that...

Цена: 5137 руб.
Страницы: 360
Год: 2011
ISBN: 1849461171

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After EnronAfter Enron

Автор: Edited by John Armour and Joseph A. McCahery

At the end of the twentieth century it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over...

Цена: 12702 руб.
Страницы: 728
Год: 2011
ISBN: 1841135313

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After National DemocracyAfter National Democracy

Автор: Edited by Lars Tragardh

The “imagined community” of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the “national economy” In this book a number of authors – historians, legal scholars, political theorists – consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion...

Цена: 5978 руб.
Страницы: 196
Год: 2011
ISBN: 1841133299

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After National DemocracyAfter National Democracy

Автор: Edited by Lars Tragardh

The “imagined community” of the nation,which served as the affective basis for the post-French Revolution social contract, as well as its institutional counter-part, the welfare state, are currently under great stress as states lose control over what once was referred to as the “national economy” In this book a number of authors – historians, legal scholars, political theorists – consider the fate of national democracy in the age of globalization. In particular, the authors ask whether the order of European nation-states, with its emphasis on substantive democracy, is now, in the guise of the European Union, giving way to a more loosely constructed, often federalized system of procedural republics (partly constructed in the image of the United States). Is national parliamentary democracy being replaced by a politico-legal culture, where citizen action increasingly takes place in a transnational legal domain at the expense of traditional (and national) party politics? Is the notion...

Цена: 11208 руб.
Страницы: 196
Год: 2011
ISBN: 1841133280

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Age as an Equality IssueAge as an Equality Issue

Автор: Edited by Sandra Fredman and Sarah Spencer

Until recently, age discrimination attracted little social opprobrium. However, ageism has now been thrust onto the equality agenda by the spectre of an ageing population. This has led to a range of policies on ‘active ageing.’ Most importantly, legally binding legislation prohibiting age discrimination in employment will need to be in place by 2006. Remarkably little attention has been paid to the key issues. To what extent is age inevitably linked with declining capacity? What are the central aims of a policy on age equality, and how can these be realised in law? How should law and policy address age discrimination in health, education and employment? What lessons can be learned from the US and Europe? And should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It begins by examining the nature of the ageing process and then turns to a detailed analysis of the...

Цена: 8780 руб.
Страницы: 239
Год: 2011
ISBN: 1841134058

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Always on the Same Path - Volume IIAlways on the Same Path - Volume II

Автор: Basil Markesinis

Following the successful publication of his first volume of essays in Foreign Law and Comparative Methodology Professor Markesinis continues his quest for the best way of presenting foreign law to Common law readers. This second volume thus contains essays on methodology: the horizontal application of human rights; the tortious liability of statutory bodies; the growing impact of human rights law on our law of torts; the differing approaches to problems raised by actions for wrongful life and wrongful birth; differing judicial styles and what they can tell us about a foreign system,as well as the growing use of foreign law by British judges in their judicial and extra judicial work. These essays, along with their rich bibliographical references, will provide much food for thought to practitioners in these above-mentioned areas of the law as well as teachers and researchers in the fields of public law, foreign law and legal methodology.

Цена: 12702 руб.
Страницы: 400
Год: 2011
ISBN: 1841130699

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Amnesty, Human Rights and Political TransitionsAmnesty, Human Rights and Political Transitions

Автор: Louise Mallinder

Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were...

Цена: 12516 руб.
Страницы: 598
Год: 2011
ISBN: 1841137715

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An Index to Common Law FestschriftenAn Index to Common Law Festschriften

Автор: Michael Taggart

This is the first ever index of contributions to common law Festschriften and fills a serious bibliographic gap in the literature of the common law. The German word Festschrift is now the universally accepted term in the academy for a published collection of legal essays written by several authors to honour a distinguished jurist or to mark a significant legal event. The number of Festschriften honouring common lawyers has increased enormously in the last thirty years. Until now, the numerous scholarly contributions to these volumes have not been adequately indexed. This Index fills that bibliographic gap. The entries included in this work refer to some 296 common law Festschriften indexed by author, subject keyword, editor, title, honorand and date. It therefore includes over 5,000 chapter entries. In addition, there are more than a thousand entries of English language contributions to predominantly foreign language, non-common law legal Festschriften from Germany, Austria,...

Цена: 5978 руб.
Страницы: 344
Год: 2011
ISBN: 1841136417

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An Inquiry into the Existence of Global ValuesAn Inquiry into the Existence of Global Values

Автор: Edited by Dennis Davis, Alan Richter and Cheryl Saunders

The world appears to be globalising economically, technologically and even, to a halting extent, politically. This process of globalisation raises the possibility of an international legal framework, a possibility which has gained pressing relevance in the wake of the recent global economic crisis. But for any international legal framework to exist, normative agreement between countries, with very differing political, economic, cultural and legal traditions, becomes necessary. This work explores the possibility of such a normative agreement through the prism of national constitutional norms. Since 1945, more than a hundred countries have adopted constitutional texts which incorporate, at least in part, a Bill of Rights. These texts reveal significant similarities; the Canadian Charter of Rights and Freedoms, for instance, had a marked influence on the drafting of the Bill of Rights for South Africa, New Zealand and Hong Kong as well as the Basic Law of Israel. Similarly, the...

Цена: 11463 руб.
Страницы: 372
Год: 2011
ISBN: 184113855X

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An International Relations DebacleAn International Relations Debacle

Автор: Claire Palley

This book is a case study in international relations and contemporary history, as seen from the standpoint of a constitutional, international and human rights lawyer involved in 25 years of negotiations to agree on a federation reuniting the divided Island of Cyprus. Based for the most part on personal knowledge, the writer describes recent international attempts to settle the long-standing disputes over Cyprus and provides a warning to those who invoke UN 'good offices' machinery of risks they run. In explaining the UN Secretariat’s activities, the roles played by major Powers are emphasised, together with consequential local perceptions which ultimately led to failure of the international effort. Analysis of what went wrong in that effort’s later phases indicates procedural and substantive approaches needed for any renewed negotiations to achieve success. Subsequent developments until the end of 2004, including the EU’s agreement to open accession negotiations with Turkey and...

Цена: 5978 руб.
Страницы: 592
Год: 2011
ISBN: 184113578X

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An Introduction to Competition LawAn Introduction to Competition Law

Автор: Piet-Jan Slot and Angus Johnston

Competition law is a subject of central importance. An accessible introduction to this legal field is thus indispensable for students and practitioners alike. This book is intended to serve as a first acquaintance with competition law and is written in particular for students who intend to study a foundation course in competition law. The current competition law in the UK consists of two main levels: EC competition law and UK competition law. In this introduction both levels are covered, along with an abbreviated introduction to the EC rules on state aids. An important function of this book is to provide an insight into the combined system of UK and EC competition law. Therefore, for the three main subjects (the prohibition of cartels, the prohibition of the abuse of a position of dominance and the supervision of concentrations (mergers and acquisitions) extensive examples, drawn from European and UK practice, have been provided. These examples are then used in the explanation of the...

Цена: 5418 руб.
Страницы: 400
Год: 2011
ISBN: 1841134457

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An Introduction to European Contract LawAn Introduction to European Contract Law

Автор: Martijn Hesselink

This book presents an outline of the emerging multi-level system of contract law in Europe and discusses the law of contract at national, European, and international levels but in an integrated, horizontal fashion. At the national level the focus is mainly, but not exclusively, on English, French and German law, while at the European level both the acquis communautaire and Common Frame of Reference are carefully analysed. At the international level the author concentrates on the Vienna Sales Convention (CISG) as the central instrument and special attention is paid to the dynamic of the Europeanisation process throughout. The main horizontal issues addressed in the book include: formation, validity, standard terms, interpretation and contents, contract and third parties, supervening events, and non performance and remedies. The book is not limited to a mere discussion of the ‘black letter law’; instead, subjects are placed, where relevant, in the light of the theoretical insights...

Цена: 6253 руб.
Страницы: 248
Год: 2011
ISBN: 1841131938

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An Introduction to Human Rights and the Common LawAn Introduction to Human Rights and the Common Law

Автор: Edited by Philip Havers and Rosalind English

The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair...

Цена: 10087 руб.
Страницы: 304
Год: 2011
ISBN: 184113032X

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An Introduction to Land LawAn Introduction to Land Law

Автор: Simon Gardner

The rules of land law are numerous, complex, and in some cases baffling to students and the study of land law is also often portrayed as dull. Too frequently those who find success in working out how the law operates in other areas of law find themselves defeated by land law. Writing about the law of property, even the great jurist Blackstone apparently succumbed to the depressing conclusion that the study of land law 'afforded the student less amusement and pleasure in the pursuit' than the study of crime and tort. This book tries to make a difference. It aims to tell the rules' story: to talk about them in terms of the work they do, in a way that will allow readers to understand and engage with them. And through the example it offers, it aims also to give students the confidence, spur and tools to go on to develop such perspectives for themselves. The book covers the main points of land law found in the syllabuses of law schools in England and Wales. While it is not intended as a...

Цена: 5002 руб.
Страницы: 346
Год: 2011
ISBN: 1841135240

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