"This book is a significant contribution to . . . broad political thought, one that should stimulate a great deal more."
--"New Political Science"

"His most innovative contribution is to fuse sociological theories of civil society with corporate law."--"Social Control and Law"

The corporate mega-mergers of the 1980s and 1990s raise many troubling questions for social scientists and legal scholars. Do corporate globalism and the new, streamlined corporation help or hinder the development of civil society? Does the new power that increasingly deregulated businesses wield undermine the rights of citizens, or is this threat being exaggerated? Who has the authority to get things done in a corporation's name and who can be held legally responsible for a corporation's misbehavior? What role, if any, should the courts play in strengthening the rights of individuals who challenge the actions of big business?

David Sciulli maps the legal limits of corporate power in our democratic society, and explores the role of the corporate judiciary in creating public policy. He argues that the judiciary must be more vigilant and act to curb corporate abuses. He demonstrates that when corporations exercise their private power in civil society, they are just as capable as the state of exercising it in ways that are dangerous, arbitrary, and challenge the basic institutional arrangements of society. Finally, Sciulli calls for sociologists to involve themselves more deeply in issues of corporate governance and commit their discipline to influencing the decisions of the courts.

This book provides a concise introduction to the basics of Jewish law. It gives a detailed analysis of contemporary public and private law in the State of Israel, as well as Israel's legal culture, its system of government, and the roles of its democratic institutions: the executive, parliament, and judiciary. The book examines issues of Holocaust, law and religion, constitutionalization, and equality. It is the ultimate book for anyone interested in Israeli Law and its politics. Authors Shimon Shetreet is the Greenblatt Professor of Public and International Law at the Hebrew University of Jerusalem, Israel. He is the President of the International Association of Judicial Independence and World Peace and heads the International Project of Judicial Independence. In 2008, the Mt. Scopus Standards of Judicial Independence were issued under his leadership. Between 1988 and 1996, Professor Shetreet served as a member of the Israeli Parliament, and was a cabinet minister under Yitzhak Rabin and Shimon Peres. He was senior deputy mayor of Jerusalem between 1999 and 2003. He was a Judge of the Standard Contract Court and served as a member of the Chief Justice Landau Commission on the Israeli Court System. The author and editor of many books on the judiciary, Professor Shetreet is a member of the Royal Academy of Science and Arts of Belgium. Rabbi Walter Homolka PhD (King's College London, 1992), PhD (University of Wales Trinity St. David, 2015), DHL (Hebrew Union College, New York, 2009), is a full professor of Modern Jewish Thought and the executive director of the School of Jewish Theology at the University of Potsdam (Germany). The rector of the Abraham Geiger College (since 2003) is Chairman of the Leo Baeck Foundation and of the Ernst Ludwig Ehrlich Scholarship Foundation in Potsdam. In addition, he has served as the executive director of the Masorti Zacharias Frankel College since 2013.The author of "Judisches Eherecht" and other publications on Jewish Law holds several distinctions: among them the Knight Commander's Cross of the Austrian Merit Order and the 1st Class Federal Merit Order of Germany. In 2004, President Jacques Chirac admitted Rabbi Homolka to the French Legion of Honor.

A Historically Grounded Analysis and Defense of the Judiciary's Power to Override Legislation "The modern assailants of judicial power will find little comfort in this volume. It consists mainly in a clear and able presentation of convincing evidence that the power of the courts to override laws repugnant to the spirit of the Constitution was directly contemplated by the framers of that instrument. (...) He does not rest his case here, but proceeds with a discussion of other evidence in support of his position. (...) It is to be hoped that this volume will find a large audience and thereby perform a great public service in tending to limit the effect of many ill-considered statements bearing upon the power given to the judiciary by the Constitution of the United States."P.R.B., Yale Law Journal 22 (1912-13) 67-68 J. Hampden Dougherty was a prominent New York City lawyer whose practice focused on tax issues and land and water use. He graduated from Columbia Law School in 1874 and was the author of numerous titles including Electoral System of the United States (1906) and Constitutional History of New York State (2nd ed. 1915).

Das Buch vermittelt praxisbezogen die grundlegenden Prinzipien, Methoden und den Ablauf der erfolgreichen Mediation. Im Mittelpunkt stehen bewahrte Kommunikations- und Gesprachstechniken, Beginn und Durchfuhrung der Mediation, der Mediationsvertrag und die Abschlussvereinbarung sowie ein historischer Abriss. UEbersichten veranschaulichen die Struktur des Gesprachs im Mediationsverfahren; zahlreiche Praxisbeispiele, Checklisten und Formulierungshilfen erleichtern die Umsetzung. Die klare und ubersichtliche Darstellung ermoeglicht das schnelle und gezielte Nachschlagen zentraler theoretischer und praktischer Aspekte der Mediation. Ein auf die Phasen der Mediation bezogenes Sachverzeichnis ermoeglicht das Nachschlagen von Techniken und Checklisten, die zum jeweiligen Verfahrenszeitpunkt hilfreich sind. Das Buch richtet sich an Mediatoren in der Ausbildung ebenso wie an erfahrene Praktiker. Die 2. Auflage enthalt die relevanten Erganzungen des Mediationsgesetzes durch die ZMediatAusbV und Hinweise zur (Selbst-) Zertifizierung. Ein zusatzliches Kapitel widmet sich u.a. der Konfliktklarung in interkulturellen Kontexten und der Mediation bei Beteiligungsprozessen bei Veranderungen im Unternehmen. Auch die Herausforderungen des "internen Mediators" sowie der Mediation in geschlossenen Systemen wie etwa auf (Kreuzfahrt-) Schiffen oder Justizvollzugsanstalten werden berucksichtigt. Das Buch endet mit einem Ausblick auf Mediation im Kontext der Digitalisierung

An authoritative survey of the Taft Court, which served from 1921 to 1929, and the impact it had on the U.S. legal system, social order, economics, and politics. William Howard Taft's experience in the executive branch gave him a unique perspective on the court's work. He initiated judicial reform and was the prime mover behind the Judiciary Act of 1925, which gave the court wide latitude to accept cases based on their importance to the nation. The Taft Court decided about 1,600 cases during its nine terms. This book examines the "aggregate" personality of the court through discussions of individual voting characteristics, bloc alignments, and other patterned behavior. It also charts the strengths and weaknesses of the rulings and demonstrates Taft's penchant for increasing the impact of decisions by pursuing consensus among the justices, two of whom were his own appointees when he served as president. An A-Z set of entries on the people, laws, events, and concepts that are important to an understanding of the Taft Court A photograph of and a brief bibliography on each justice

This book challenges certain differences between contract, tort and equity in relation to the measure (in a broad sense) of damages. Damages are defined as the monetary award made by a court in consequence of a breach of contract, a tort or an equitable wrong. In all these causes of action, damages usually aim to put the claimant into the position the claimant would be in without the wrong. Even though the main objective of damages is thus the same for each cause of action, their measure is not. While some aspects of the measure of damages are more or less harmonised between contract, tort and equity (e.g. causation in fact and mitigation), significant differences exist in relation to (1) remoteness of damage, which is the question of whether, when and to which degree damage needs to be foreseeable to be recoverable; (2) the compensability of non-pecuniary loss such as pain and suffering, distress and loss of reputation; (3) the effect of contributory negligence, which is the victim's contribution to the occurrence of the wrong or the ensuing loss through unreasonable conduct prior to the wrong; (4) the circumstances under which victims of wrongs can claim the gain the wrongdoer has made from the wrong; and (5) the availability and scope of exemplary (or punitive) damages. For each of the five topics, this book examines the present position in contract, tort and equity and establishes the differences between the three areas. It goes on to scrutinise the arguments in defence of existing differences. The conclusion on each topic is that the present differences between contract, tort and equity cannot be justified on merits and should be removed through a harmonisation of the relevant principles.

In the past few decades, scholars have offered positive, normative, and most recently, interpretive theories of contract law. These theories have proceeded primarily (indeed, necessarily) from deontological and consequentialist premises. In A Theory of Contract Law: Empirical Understandings and Moral Psychology, Professor Peter A. Alces confronts the leading interpretive theories of contract and demonstrates their interpretive doctrinal failures. Professor Alces presents the leading canonical cases that inform the extant theories of Contract law in both their historical and transactional contexts and, argues that moral psychology provides a better explanation for the contract doctrine than do alternative comprehensive interpretive approaches.

Could you really:

-Handle your own divorce?
-Find a better way to deal with business creditor and debtor disputes?
-Get City Hall and the County Prosecutor to make some sense of the justice system?

"Dispute Management" knowledge and skills will guide you to more successful and satisfying resolution of these and other disputes and conflicts. Let Trial Judge, Trial Lawyer and award-winning mediator and arbitrator David Strawn show you how!

Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America. Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings. Comments from renowned practitioners sharing their experiences are included throughout the book. Separate concluding comparative chapters have two different aims: A comparative analysis of the legal solutions with a supranational European Union level focus provides invaluable insights into best practices and effectiveness. In addition, an intradisciplinary comparison assesses and evaluates the effectiveness of consumer law vs capital markets law mechanisms. Furthermore mechanisms of competition law and company law are taken into account. With contributions by Willem H. van Boom (University of Leiden), Peter Cashman (3 Wentworth Chambers; University of New South Wales), Tanja Domej (University of Zurich), Marcello Gaboardi (Bocconi University Milan), Beate Gsell (Ludwig-Maximilians-Universitat Munich; Munich Higher Regional Court), Jutta Gurkmann (Verbraucherzentrale Bundesverband e.V.), Patrick Honegger-Muntener (University of Zurich), Emmanuel Jeuland (University Paris 1 Pantheon-Sorbonne), Remigijus Jokubauskas (Court of Appeal of Lithuania), Georg E. Kodek (Vienna University of Economics and Business), Lene Kohl (Osborne Clarke, Berlin), Petra Leupold (VKI-Academy), Claudia Lima Marques (Federal University of Rio Grande do Sul), Caroline Meller-Hannich (Martin-Luther-University Halle-Wittenberg), Thomas M.J. Moellers (University of Augsburg), Charlotte M.D.S. Pavillon (University of Groningen), Anders Schafer (Kammeradvokaten/Poul Schmidt, Copenhagen; University of Copenhagen), Amy J. Schmitz (University of Missouri), John Sorabji (Nine St John Street Chambers; University College London), Henrique Sousa Antunes (Catholic University of Portugal), Egidija Tamosiuniene (Court of Appeal of Lithuania; University of Vilnius), Rudiger Veil (Ludwig-Maximilians-Universitat Munich), Maximilian Weiss (TILP Litigation, Kirchentellinsfurt), Tong Zhang (China University of Political Science and Law).

Written for social scientists who study the judiciary, legal scholars, judges, and others who are interested in the workings of the federal courts, this volume offers a comprehensive examination of the role of U.S. magistrates--the relatively invisible subordinate judicial officers within the federal district courts. The study is unique in its use of an observation methodology: the author was able to study U.S. magistrates during all of their daily activities and observe their interactions with other actors in the federal judiciary. Particularly valuable are its insights into such functions as pretrial conferences, meetings with litigants, and other situations normally beyond the purview of scholars and the public. The author focuses throughout on both the development of the magistrates' varied roles and their consequences for the federal judicial system.

After examining magistrates' roles within several representative courts in detail, the author analyzes the factors which influence the development of these diverse roles and identifies the specific effects--both planned and unplanned--that the subordinate judicial officers have upon the court system. Smith refutes a commonly held view that district judges control the definition of magistrates' roles and concludes that in some cases, especially with regard to the coercion of litigants, the magistrate systeM's effects cannot be seen to be completely beneficial. In addition, the book contains an in-depth study of the appointment process for magistrates complete with a case history of the merit selection committee process. The author documents the influence of district judges over the merit selection process, adding concrete support to scholarly arguments about the inherently political nature of judicial selection.

Twenty years of experience have inevitably brought to light challenges and tensions in the enforcement of the European merger control system. Some of these challenges have been faced, some have been solved and some remain latent. This very valuable study starts from the proposition that the EU has never fully acknowledged those fundamental challenges which relate to the rationale behind merger control in Europe. The author shows how the Commission's focus on adapting the rules of merger control to the economic realities of the future business environment, although designed with a view to facilitating European integration, has compromised attainment of legal certainty, transparency and welfare enhancement. In its detailed evaluation of the 'future market structure prediction process' embedded in European merger control policy, this book approaches two rock-bottom, far-reaching questions: * In what ways does merger control promote consumer and societal welfare? * Is the Commission able to correctly predict the outcome of any given concentration transaction? These considerations take the reader through a deep and searching analysis that calls into question the very credibility and transparency of the system, leading to alternatives which promise a new clarity of purpose and procedure. The author describes how these recommendations can be integrated into the functioning framework of the European project. Taken fully into account along the way is a wide spectrum of relevant source material, including the following: * applicable articles and chapters of the founding and subsequent European Treaties; * secondary European legislation concerning competition and merger activity; * domestic competition laws; * guidelines, notices and action plans; * competition law reviews, statements of intentions; * draft legislative attempts; * speeches on the enactment and purpose of merger control; * Member States' views concerning European merger control as expressed during Council negotiations; * officially available concentration-related statistics; and * a wide-ranging literature review covering both the legal and economic sides of merger control. Throughout, the author substantiates theoretical assertions with case law examples, clearly exposing doctrines arising from such cases as Continental Can, Phillip Morris/Rothmans and the Airtours, Schneider and Tetra Laval trilogy. A unique feature of the analysis draws on the author's personal experience while working for a Brussels competition law firm. This book is a remarkable compound of academic guide to the roots and rationales of the European Merger Control System, practical guide to the day-to-day intricacies of merger control enforcement, and 'raw' guide for decision makers and merger control law enforcers. It will be of immense value in all three contexts.

This is the first in-depth analysis of the Rehnquist Court viewed as a functional entity. Well known for his work in constitutional law, Stanley Friedelbaum analyzes leading cases and rigorously examines the Court's full opinions. He reviews the interaction between the Justices and points to the patterns of the Court as a new centralist coalition comes to control critical policymaking relating to abortion, the right to die, affirmative action, reverse discrimination, and privacy interests. A table of important cases and a bibliography enhance this short study for general readers and for students in introductory constitutional law courses and in advanced courses in judicial politics and American government.

The struggle for civil rights in America was fought at the lunch counter as well as in the streets. It ultimately found victory in the halls of government-but, as Richard Cortner reveals, only through a creative use of congressional power and critical judicial decisions.

Title II of the 1964 Civil Rights Act prohibited discrimination in public accommodations, and shortly after its passage blacks were refused service at the Heart of Atlanta Motel and at Ollie's Barbecue in Birmingham, Alabama, as a test of the new law by business owners who claimed the right to choose their own customers. These challenges made their way to the Supreme Court, becoming landmark cases frequently cited in law. Until now, however, they have never benefited from book-length analysis. Cortner provides an inside account of the litigation in both decisions to tell how they spelled the end to segregation in the South.

The fact that blacks could not travel in the South without assured access to food and lodging led Congress to enforce civil rights on the basis of its authority to regulate interstate commerce. The Supreme Court unanimously sustained Title II's constitutionality under the commerce clause in both test cases, joining the executive and legislative branches in defining the power of the federal government to desegregate society, even by circuitous means.

Drawing on justice department files, Supreme Court justices' papers, and records of defense attorneys, Cortner provides the background for the cases, including previous legal battles over sit-ins. He describes the roles of key players in the litigation-particularly Solicitor General Archibald Cox and members of the Warren Court. In addition, he uses presidential files, oral histories, and other primary sources to give readers a clear picture of the forces at work in the creation, implementation, and validation of the Civil Rights Act.

Cortner's thorough account illuminates the nature of constitutional litigation and the judicial process, as well as the role of the Constitution and law, in two decisions that marked the crowning achievement of the civil rights movement and changed the face of America forever.

This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.

The central theme of Twining's book is that law is a marvellous subject of study, but to do justice to its potential requires an enlargement of vision, multiple perspectives, and a radical reappraisal of the role, culture, and practices of law schools. Treating theory, education, scholarship, publishing, and professional practice as complementary activities, the author explores the history, philosophy, and practical problems of attempts to broaden the study of law in a disciplined way. He draws upon his personal experience of law schools throughout the common law world and his special knowledge of jurisprudence, evidence,torts and legal method to examine a wide range of topics in depth. These include, for example, the nature and tasks of legal theory, different kinds of legal literature, and access to legal education and the profession. This provocative and readable book will appeal to all those with an interest in the roles of legal theory, law schools, and lawyers in a changing world.

There are more than 600 Federal district judges serving today, and they decide some 230,000 civil cases each year. About 90% of the decisions they reach are final. Lyles argues that these lower court judges not only influence the flow of information to the judicial hierarchy, but they formulate questions that influence how higher courts, including the Supreme Court, respond. As such they are key elements in the formulation and implementation of public policy. To cite a few examples, they desegregate school districts, run mental institutions and prisons, break up monopolies, and reapportion legislatures. Lyles begins by examining the structure and function of federal courts and detailing the history, operation, and purpose of the district courts. He then turns to the selection, nomination, and appointment of district judges. Lyles then analyzes the extent to which presidents might advance policy objectives through their judicial appointments to the district courts. After examining how African-American, Latino, and white judges, male and female, view their roles as policy actors, Lyles concludes with a discussion of the implications of the study. Important for students and scholars of contemporary public policy and the court system.

Fully informed by the crucial cultural values underlying Chinese law, this authoritative book provides an in-depth examination of how copyright, patents, trademarks, and other forms of intellectual property fare under applicable national, regional, and local laws in China, as well as under international conventions. Practical and procedural details are fully covered, including such aspects as the following: legal protection of remedies; principles of imputation and liability; protection from counterfeiting and infringement; protection of business secrets; right to network dissemination of information; licensing contracts; software copyright; cancellation, revocation, and/or termination of property right; protection of domain name; and new plant variety rights.

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Anatomy of a Trial. Volume V, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1999. Reprinted 2013 by The Lawbook Exchange, Ltd. xviii, 584 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is available separately.
In this volume, Anatomy of a Trial, Stern and his co-author, Stephen A. Saltzburg, bring the principles of the other volumes in the Trying Cases to Win series into action. They offer a line-by-line review of all of the parts of a trial while looking at the importance of emotion in the decision process and its relationship to the facts presented. This detailed analysis, from the viewpoints of the attorney and the jury, demonstrates good and bad advocacy in every stage of the trial.
Contents:
1. Opening Instructions;
2. The Opening Arguments;
3. The First Witness;
4. The Second Witness: Nick Craggs;
5. The Sweeney Deposition;
6. The First of "The Blues" Witnesses: Brian Sullivan;
7. The Alleged Villain: Helen Hardy;
8. Concluding the Plaintiff's Case and Motions;
9. The Defendant's First Witness: Mr. Maresca;
10. The Trustee Witnesses;
11. Ms. Hardy Returns;
12. The Ruling on Defendants' Motion;
13. Ms. Hardy Continues and the Defense Rests;
14. Final Motions, Closing Argument, and Verdict;
15. Epilogue;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

The pleading and proof of foreign law are often treated as matters of peripheral importance. But, in reality, how foreign law is established, and whether it must be established at all, are central issues in private international law. Whether litigants are free to ignore the foreign elements in a dispute goes to the heart of the conflicts process, and without effective means to establish foreign law the very purpose of that process is subverted. Such issues give rise to particular problems in English law. It is often unclear whether the rules for choice of law are mandatory, and whether the application of foreign law is therefore required. The cost and uncertainty of establishing foreign law may also affect how cases are argued and decided, and may discourage litigants from suing at all. This book, the first to examine the topic from the perspective of English law, offers a radical reappraisal of a long-neglected subject. Fentiman argues that the law is both more complex, and more defensible, than had previously been supposed. He provides a practical guide to the subject and in so doing presents the conflict of laws in a way which is both novel and illuminating.