The Economics of Contracts provides a guided tour to the leading ideas in contract theory. It assembles some of the foundational writings on contracting under limited and asymmetric information, incentives and mechanism design. It contains, in particular, the key contributions of five recent Nobel Prize winners in economics and brings together the most important articles that have followed these path-breaking works.

Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Yaell Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth. In this comparative analysis, specific parallels are drawn between the common law and civil law in their treatment of historical property models, possession, ownership, private property limits, objects of property, fragmentation and modifications to property, and trusts. This integrated approach to common law and civil law property draws examples from multiple jurisdictions, including England, Scotland, Canada, Quebec, First Nations, France, and Germany. Private, transsystemic, and comparative law scholars and students, especially property law scholars will be interested in the book's approach to property law and its analysis of the theoretical foundations and conceptions of property and ownership in the common law and civil law traditions. It will also be informative for property law practitioners.

Based on general concepts of collective action, Private Enforcement of Antitrust analyzes how collective litigation mechanisms can be designed to encourage victims of anti-competitive conduct to access justice.Through the expert assessment of the US Federal Courts' case on competition law, alongside that of domestic Europe, Arianna Andreangeli provides a fresh response to the issues surrounding collective litigation. The discussion is skillfully placed in the wider context of competition enforcement, whilst at the same time exploring both past and present trends. The book concludes that collective litigation of competition claims must strike a 'fair balance' between respecting rules of due process and ensuring fuller access to justice. An enlightening perspective, this book will be an invaluable resource for academics and competition civil justice experts. It will also be of interest to practitioners active in competition cases and policy makers concerned with human rights issues. Contents: 1. Setting the scene: European debates on collective Redress in competition law 2. Rule 23 FRCP: 'aggregating' individual antitrust claimants in diffuse injury cases-the certification criteria of commonality , predominance and superiority and the obligation to serve notice 3. 'Managing' antitrust class actions under Rule 23(b)(3) FRCP: who 'plays the pipe'? And who pays the piper? 4. The EU Commission agenda on collective redress: from a 'sector specific' to a mainstream discussion of group justice questions 5. Collective litigation in competition cases in the United Kingdom: between personal autonomy in civil litigation and effective judicial protection 6. Collective litigation and collective redress in competition claims: continental solutions-the case of Italy and of the Netherlands 7. Access to justice, diffuse torts and competition litigation in the EU: where do we go from here? Index

In a world awash in "fake news," where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking-all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.

Using the example of research tools in biopharmaceutical research and innovation, this book examines the complexities of the relationship between two fundamental areas of law and policy - intellectual property rights and competition law. It addresses a question that is certain to become paramount in other industries also: how to strike the balance between initial and follow-on innovation so as to ensure that access to 'essential' research tools (or other fundamental elements to follow-on innovation) is not impeded. The book concludes by suggesting how competition law could be used to complement the patent balance. Competition Law and Patents caters for various groups ranging from those with a general interest in competition law, patent law and/or biopharmaceuticals, to students who want to understand how competition and intellectual property work in practice (or to understand the interface between the two policies), and from practitioners and policymakers to people within the biopharmaceutical industry itself.

This book examines the law reforms of contemporary China in light of the Party-state's ideological transformation and the political economy that shapes these reforms. This involves analysing three interrelated domains: law reform, power and wealth. The contributors to this volume employ a variety of perspectives and analytical techniques in their discussion of key themes including: commercial law reform and its governance of wealth and regulation of economic activity; the influence and authority of the Party-state over China's economic activity; and the influence of wealth and the wealthy in economic governance and legal reform. Utilizing an interdisciplinary approach, this book presents analytical perspectives of new work, or new lines of thinking about the new wealth, power and law reforms of China. As such, critical boundaries are explored between legal and financial reforms and what these reforms signify about deeper ideological, economic, social and cultural transformations in China. The book concludes by asking whether there is a 'China model' of development which will produce a unique variety of capitalism and indigenous variant of rule of law, and examining the 'winners and losers' in the transition from a centrally planned economy to a market economy. Law, Wealth and Power in China will be of interest to students and academics of comparative law, Asian law, Chinese economics and politics, Chinese Studies, as well as professionals in investment banking, finance and government.

This book brings together over 40 papers presented at the 1992 International Construction Conflict Management & Resolution Conference held in Manchester, UK. Six themes are covered, including alternative dispute resolution, conflict management, claims procedures, litigation and arbitration, international construction, and education and the future. With papers from arbitrators, architects, barristers, civil engineers, chartered surveyors and solicitors, this book represents the first multi-disciplinary body of knowledge on Construction Conflict and will act as a unique source of reference for both legal and construction professionals.

First published in 1991, Rethinking Labour-Management Relations explores how the contemporary system of industrial relations developed and outlines proposals for a better alternative. The book examines the positives and negatives of three systems of industrial relations: a freely operating market for labour where workers bargain individually with employers; a strike-based system of collective bargaining; and, a compulsory arbitration system. It discusses how the strike replaced individual bargaining, highlighting the deficiencies in these respective systems and presenting arbitration as the more efficient and effective way of settling disputes. In doing so, the book emphasises the role of the parties involved in finding solutions and considers how government intervention could be kept to a minimum. Exploring a wealth of literature relating to compulsory arbitration systems around the world and formulating a set of criteria for establishing the best possible form of arbitration, Rethinking Labour-Management Relations will appeal to those with an interest in the history of trade union theory, public policy, and labour law.

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals. Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

The Architect's Legal Handbook is the most widely used reference on the law for practicing architects and the established textbook on law for architectural students. Since the last edition of this book in 2010, the legal landscape in which architecture is practised has changed significantly: the long-standing procurement model with an architect as contract administrator has been challenged by the growing popularity of design and build contracts, contract notices in place of certificates, and novation of architect's duties. The tenth edition features all the latest developments in the law which affect an architect's work, as well as providing comprehensive coverage of relevant UK law topics. Key highlights of this edition include: an overview of the legal environment, including contract, tort, and land law; analysis of the statutory framework, including planning law, health and safety, construction legislation, and building regulations in the post-Grenfell legal landscape; procurement and the major industry construction contract forms; building dispute resolution, including litigation, arbitration, adjudication, and mediation; key fields for the architect in practice, including architects' registration and professional conduct, contracts with clients and collateral warranties, liability in negligence, and insurance; entirely new chapters on various standard form contracts, architects' responsibility for the work of others, disciplinary proceedings, and data protection; tables of cases, legislation, statutes, and statutory instruments give a full overview of references cited in the text. The Architect's Legal Handbook is the essential legal reference work for all architects and students of architecture.

This book provides a comprehensive and in depth guide to the regulatory framework in Singapore, the first of its kind for the foremost jurisdiction for international arbitration in the Asia-Pacific geographic zone. It is designed with practitioners in mind and provides terse and specific but detailed and well-informed commentary to each of the sections in the applicable arbitration acts. It sets out and annotates the two legislative acts applicable to arbitration in Singapore, as well as the Singapore International Arbitration Centre Rules. In addition, international documents including the Uncitral Model Law and the New York Convention are included.

This edited volume is a timely and insightful contribution to the growing discourses on public law in Asia. Surveying many important jurisdictions in Asia including mainland China, Hong Kong, India, Malaysia, Singapore, South Korea and Taiwan, the book addresses recent developments and experiences in the field of public interest litigation. The book offers a comparative perspective on public law, asking crucial questions about the role of the state and how private citizens around Asia have increasingly used the forms, procedures and substance of public law to advance public and political aims. In addition to addressing specific jurisdictions in Asia, the book includes a helpful and introduction that highlights regional trends in Asia. In the jurisdictions profiled, transnational public interest litigation trends have commingled with local dynamics. This volume sheds light on how that commingling has produced both legal developments that cut across Asian jurisdictions as well as developments that are unique to each of the jurisdictions studied.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes present all the legislation students need in one easy-to-use volume. Developed in response to feedback from lecturers and students, this book offer a fully up-to-date, comprehensive, and clearly presented collection of legislation - ideal for LLB and GDL course and exam use. Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

Transnational Construction Arbitration addresses topical issues in the field of dispute resolution in construction contracts from an international perspective. The book covers the role of arbitral institutions, arbitration and dispute resolution clauses, expert evidence, dispute adjudication boards and emergency arbitrator procedures, investment arbitration and the enforcement of arbitral awards. These topics are addressed by leading experts in the field, thus providing an insightful analysis that should be of interest for practitioners and academics alike.

This topical book critically examines the regulatory framework for generic Top-Level Domains (gTLDs) on the Internet. The regulation drawn up by the Internet Corporation for Assigned Names and Numbers (ICANN) applies at a global level, complementing national and international law. These rules form part of a growing body of transnational private regulation. Generic Top-Level Domains offers a clear and engaging analysis of how ICANN has tackled a diverse set of regulatory issues related to the introduction of new gTLDs, such as property rights, competition and consumer protection. Studying recent case law, the book argues for a stronger focus on procedural fairness for future introductions of new gTLDs. It also highlights how ICANN's contractual framework regulates the registration and use of domain names and argues that ICANN's regulatory authority ought to be clarified in order to avoid regulatory overreach. Uniquely comprehensive, this book will appeal to students and scholars with an interest in Internet governance, domain name law and transnational private regulation. Practitioners working in the domain name industry will also find this a valuable resource.

As gang violence continues to rise across the country and the world, police departments, prosecutors, and community members are seeking new methods to reduce the spread of gang-related criminal activity. Civil gang injunctions have become a growing feature of crime control programs in several states across the nation. Gang Injunctions and Abatement: Using Civil Remedies to Curb Gang-Related Crimes examines the effectiveness of this strategy and explores the accompanying constitutional controversies related to freedom of speech, assembly, and other rights. Questions raised by this thought-provoking volume include: What are the costs of gang violence to society? Do civil remedies curb violence in the communities where they are implemented? What factors make a given injunction or abatement more or less effective? What legal and policy issues stand in the way of gang injunctions and abatement? Providing step-by-step instructions on how to establish a successful injunction and abatement program, the book presents comprehensive research on the theoretical basis for the strategy. It includes a legal and chronological progression of actual cases and their outcomes, describing weaknesses and successes in various programs. Supplying succinct guidelines from lessons learned, the book enables prosecutors, police agencies, and the public to take steps toward eradicating gang activities in their communities.

Many construction conflicts and disputes are not limited to particular jurisdictions or cultures, but are increasingly becoming common across the industry worldwide. This book is an invaluable guide to international construction law, written by a team of experts and focusing on the following national systems: Australia, Canada, China, England and Wales, Estonia, Hong Kong, Iraq, Ireland, Italy, Japan, Malaysia, the Netherlands, Oman, Portugal, Quebec, Romania, Scotland, Sweden, Switzerland, and the USA. The book provides a consistent and rigorous analysis of each national system as well as the necessary tools for managing conflict and resolving disputes on construction projects.

Succeed in your role as a paralegal with the help of Kerley/Hames/Sukys' CIVIL LITIGATION, 8E. Practical, easy-to-understand and thoroughly up-to-date, this proven book helps you grasp the details of today's litigation practice. You examine the litigation process in a range of contexts as the book demonstrates the relationship of litigation to other legal specialties. Each chapter includes exercises focusing on two single cases. This approach gives you the opportunity to work the cases from beginning to end, simulating an actual job experience. The book highlights sample documents, such as complaints, answers, interrogatories and deposition summaries, to familiarize you with real documents you will encounter in today's litigation law office. Trust CIVIL LITIGATION for a full understanding of contemporary litigation practices.

Dispute Resolution in Islamic Finance addresses how best to handle disputes within Islamic finance. It examines how they can be resolved in a less confrontational manner and ensure such disagreements are settled in a just and fair way. There has been little focus on how disputes within Islamic finance are resolved. As a result, many of these disputes are resolved through litigation, notwithstanding that the various jurisdictions and court systems are generally poorly equipped to handle such matters. This book addresses this gap in our knowledge by focusing on five centres of Islamic finance: the United Kingdom, the United States of America, Malaysia, the Kingdom of Saudi Arabia and the United Arab Emirates. Before exploring these countries in detail, the book considers the issues of the choice of law within Islamic finance as well the prevailing forms of dispute resolution in this form of finance. The book brings together a group of leading scholars who are all specialists on the subject in the countries they examine. It is a key resource for students and researchers of Islamic finance, and aimed at lawyers, finance professionals, industry practitioners, consultancy firms, and academics.

This book considers foreign investment flows in major Asian economies. It critically assesses the patterns and issues involved in the substantive law and policy environment which impact on investment flows, as well as the related dispute resolution law and practice. The book combines insights from international law and comparative study and is attentive to the socio-economic contexts and competing theories of the role of law in Asia. Contributions come from both academics with considerable practical expertise and legal practitioners with strong academic backgrounds. The chapters analyze the law and practice of investment treaties and FDI regimes in Asia looking specifically at developments in Japan, India, China, Indonesia, Malaysia, Korea and Vietnam. The book explores the impact of the Asian Financial Crisis in the late 1990s and the Global Financial Crisis a decade later, examining actual trends and policy debates relating to FDI and capital flows in Asia before and after those upheavals.

Foreign Investment and Dispute Resolution: Law and Practice in Asia is a valuable resource for practitioners, academics and students of International and Comparative Law, Business and Finance Law, Business, Finance and Asian Studies.

What, exactly, is private property? Or, to ask the question another way, what rights to intrude does the public have in what is generally accepted as private property? The answer, perhaps surprisingly to some, is that the public has not only a significant interest in regulating the use of private property but also in defining it, and establishing its contour and texture. In The Public Nature of Private Property, therefore, scholars from the United States and the United Kingdom challenge traditional conceptions of private property while presenting a range of views on both the meaning of private property, and on the ability, some might say the requirement, of the state to regulate it.

This collection brings together some of the most eminent and exciting authors researching family responsibilities to examine understandings of the day to day responsibilities which people undertake within families and the role of the law in the construction of those understandings. The authors explore a range of questions fundamental to our understanding of 'responsibility' in family life: To whom, and to what ends, are family members responsible? Is responsibility primarily a matter of care? Can we fulfil our family responsibilities by paying those to whom we owe responsibility? Or by paying others to fulfil our caring obligations for us? In each of these circumstances the chapters in this collection explore what it means to have family responsibilities, what constitutes an adequate performance of such responsibilities and the point at which the state intervenes. At the heart of this collection is an interest in the way in which the changing family affects people's perception and exercise their family responsibilities, and how the law attempts to regulate (and understand) those responsibilities. The essays range across intact and separated or fragmented families, from lone and shared parenting in single homes to caring across households (and even across international boundaries) to reflect on the actual caring responsibilities of family members and on the fulfilment of financial responsibilities in families. This collection seeks to advance our understanding of the attempts of the law, and its limits, in regulating the responsibilities which family members take for each other.

International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.

The Political Economy of Noncompliance explains why states fail to comply with international law. Over the last sixty years, states have signed treaties, established international courts and other supranational institutions to achieve the benefits of international cooperation. Nowhere has this been more successful than in the European Union. European integration has produced one of the most intensely legalized regimes in the world. Yet, even in the European Union, noncompliance of states often occurs. This book explores the sources of and reasons for noncompliance, and assesses why noncompliance varies across the Member States and over time by looking at the domestic politics of complying with international law. The author uses examples from the history of economic integration in the EU in three countries and two different policy areas to demonstrate these mechanisms at work. The Political Economy of Noncompliance will be of interest to students and scholars of European Politics, international relations and political economy.