As the European Union (EU) matures, there is an increasing debate, partly fuelled by fierce national criticism offered by Eurosceptic politicians, partly initiated by the EU institutions themselves, on the way in which the EU has developed and what the EU must look like in the future. This debate includes a discussion on one of the core aspects of European integration: at which level should the rules be set and who decides where the authority to do so should lie? Private law has an important role to play in this discussion. Many private law rules touch on the core of the internal market as they serve to foster trade or to offer protection to market participants, such as consumers.In 2011, the Maastricht European Private Law Institute (M-EPLI) was founded. M-EPLI researchers combine European Private Law scholarship in the fields of contract, property, commercial and procedural law as well as legal theory. In this book M-EPLI fellows present perspectives on the allocation of competences in European Private Law. This includes both general perspectives and criteria on the basis of which to decide who does what in European Private Law, but also specific perspectives relating to the various fields M-EPLI's researchers cover. All contributions share a common approach in which each author or team of authors addresses the same two questions: (i) What are the criteria to decide upon the ideal design of their field of law for the EU?; (ii) Who should set the rules: what is in the author(s) view the optimal mix of national and European producers of legal norms?

Anyone working in the rehabilitation arena these days is fully aware of the potential for litigation. Whether you are a counselor, life care planner, case manager, researcher, nurse, or technical expert, the chances of being called to give a deposition or make a courtroom appearance increase daily. Today, the role of the rehabilitation professional is not getting any easier. With litigation more than a possibility in any disability or catastrophic illness case, rehabilitation experts, both plaintiff and defense, need to present themselves in the very best light possible. Guide to Rehabilitation Testimony: The Expert's Role as an Educator offers something for everyone, novice and expert alike. Here are 10 comprehensive chapters of courtroom-tested procedures that work. Also provided are 11 valuable appendices. In over 23 years of working as a rehabilitation professional, Dr. Deutsch has spent thousands of hours giving testimony. Here are tried and proven methods of handling yourself and your material in a legal setting.

Offering a comprehensive commentary on the Brussels I bis Regulation, chapters outline the origins and evolution of each article before delving into their interpretation in view of the case law of the European Court of Justice. Throughout the Commentary expert contributors provide guidance on this central instrument in the organization of the European judicial cooperation in civil and commercial matters. This in-depth, article-by-article Commentary reflects the status quo of European procedural law in civil and commercial matters. Its exhaustive evaluation of the corresponding case law demonstrates key precedents which can be applied to practical problems in the field related to jurisdiction, recognition and enforcement of decisions. Written using a clear, accessible structure, this Commentary will be a key resource for lawyers, judges and other legal practitioners in finding solutions to the practical difficulties they meet when dealing with cross-border disputes. Its detailed critical analysis of the regulation will also be of benefit to scholars and students of European procedural law and dispute resolution and arbitration.

Provocative Essays on Judicial Review. This book contains five historical essays, three of them on the concept of "judicial review," which is defined as the power and duty of a court to disregard ultra vires legislative acts. In "Marbury v. Madison and the Doctrine of Judicial Review," Corwin asks: "What is the exact legal basis of the power of the Supreme Court to pass upon the constitutionality of acts of Congress?" "We, the People" examines the issues of secession and nullifi cation. "The Pelatiah Webster Myth" demolishes Hannis Taylor's thesis that Webster was the "secret" author of the United States Constitution. "The Dred Scott Decision" considers Chief Justice Taney's argument concerning Scott's title to citizenship under the Constitution. "Some Possibilities in the Way of Treaty-Making" discusses how the US Constitution relates to international treaties. Edward S. Corwin 1878-1963] succeeded Woodrow Wilson as the McCormick Professor of Jurisprudence at Princeton University, and was the fi rst chairman of the Department of Politics. The author of numerous books on constitutional law, he is best known for The Constitution and What It Means Today (1920). He was the president of the American Political Science Association, winner of the American Philosophical Society's Franklin Medal and Phillips Prize and was among the notable scholars acknowledged at the Harvard Tercentenary. In 1952, Princeton's Woodrow Wilson Hall was renamed Edward S. Corwin Hall.

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

This book examines the federal judiciary in light of political science research on the role of interests and interest groups in the making of public policy. The author finds that efforts of federal judges to shape court administration are guided, in part, by self-interest which consequently affects the development and results of judicial policies. He argues that we must recognize judges as self-interested political actors whose motivation and behavior patterns are comparable to other political and administrative actors. By examining the actions of federal judges on a series of illustrative issues--civil justice reform, judicial salaries, habeas corpus reform, and judicial bureaucratization--the book illuminates the ways in which the judges' self-interested actions affect the courts and society. Judicial self-interest is not portrayed here as bad or even unexpected, but as a motivational factor of significance for government, law, and society that should be recognized and harnessed appropriately.

Since 1989, Europe has witnessed an exponential increase in the number of so-called "registered partnership" schemes introduced alongside marriage. The diversity of registration schemes has created numerous problems in cases involving an international or cross-border element. This book focuses on these new registration schemes and is divided into two main parts. The first part is dedicated to the analysis and comparison of the substantive law rules of Belgium, France, The Netherlands, Switzerland and the United Kingdom (England & Wales, Scotland and Northern Ireland). On the basis of this comparison, it is concluded that although these registration schemes appear to be dissimilar, they all fulfil a common function. This conclusion serves as the starting point for the second part, which examines the private international law rules applicable to such relationships. Unification of these rules is deemed to be not only desirable, but also feasible. This book serves as a reference tool for all those who require information regarding the substantive law rules in the countries researched, as well as for those interested in the private international law aspects of these new forms of non-marital registered relationships.

This unique collection of largely unpublished papers brings together the founding fathers of law and economics to provide their own views on the origins and intellectual history of the field. Law and economics emerged as a separate field of scholarship during the early 1960s, fueled by two seminal papers, one by Ronald Coase and one by Guido Calabresi. The ideas generated by scholars researching in the field have deeply influenced the major disciplines of economics and the law. These 16 essays (including three by Nobel Laureates in Economic Sciences) provide an impressive blend of differing experiences and varying perspectives, reflecting on the intellectual foundations of the field, its early struggles for recognition, and its remarkable advance during the last four decades of the twentieth century, and into the twenty-first. The essays clearly outline, and contribute new insights into, all of the central issues of this still vibrant research programme. A unifying theme of the book is the central importance attached by each scholar to scientific analysis, rather than to any particular ideology or dogma. This book provides an absorbing intellectual history of law and economics, and will be a fascinating read for academics and researchers with an interest in law and economics, the history of economic thought, public choice and public policy.

This book is about those who represent themselves as Litigants in Person in the family justice system. It calls for a refocusing of the debate about the historical challenges associated with Litigants in Person as well as the role they should play within the family justice system in England and Wales. Drawing together interviews with Litigants in Person and decades of research into self-representation from across multiple jurisdictions, this book provides an account of the family justice system through the eyes of its users. It employs an innovative socio-legal framework comprising feminist theory, a Bourdieusian theory of class, vulnerability theory, and actor-network theory to explore the journey that Litigants in Person take through the legal, cultural and social context of the family court. It provides fresh insight into the diverse challenges that people face within this process and how these relate to wider pressures within the family justice system. It argues that there are important lessons to be learned from Litigants in Person. By understanding how and why people come to the point of self-representing, and the kinds of experiences they have when they do, the book advocates the importance of forging a more positive and effective relationship between Litigants in Person and the family justice system.

This supplement provides a compact and concise compendium of all of the Federal Rules of Civil Procedure currently in effect. It also includes the U.S. Constitution and key provisions of Title 28 of the United States Code. The book's small size and text that is limited to the body of rules and statutes make it a convenient resource for students in civil procedure and complex litigation courses who need quick and easy access to relevant statutory provisions during class or for their studies or exams.

Seldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all."

Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.

- Clear and concise explanation of key principles, this is an ideal text for anyone taking the SQE1. - Includes practice questions in the text, and multiple choice questions online - together, the book will allow SQE candidates to practice the skills needed to pass the SQE exam. - One of a wider series of SQE1 textbooks.

Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

According to Thaler, the presence of cameras in the courtroom is a pervasive technology that can affect public perceptions of the judicial process, change the behavior and attitudes of trial participants, and ultimately transform the sober process of justice into a media event designed for maximum public exposure. The author has interviewed more than 50 people--prominent journalists, academics, and members of the legal system--and brought together their observations in a fascinating historical and psychological profile of the televised courtroom. Thaler provides a historical overview and theoretical perspective, and discusses the new cable courtroom network and the current and continuing camera debate in New York City. He makes reference to the recent celebrated cases involving Amy Fisher, William Kennedy Smith, and Rodney King, then turns to an in-depth case study of the Joel Steinberg murder trial, including insights from the presiding judge, trial attorneys, witnesses, jurors, and the defendant himself, as well as journalists who covered the trial. The author concludes that the process of justice is slowly being turned into an entertainment vehicle, not unlike the show trials of bygone eras.

In today's highly globalized and regulated economy, private and public organizations face myriad complex laws and regulations. A process designed to detect and prevent regulatory compliance failures is vital. However, such an effective process cannot succeed without development and maintenance of a strong compliance and legal risk management culture. This wide-ranging handbook pulls together work from experts across universities and industries around the world in a variety of key disciplines such as law, management, and business ethics. It provides an all-inclusive resource, specifying what needs to be known and what needs to be further pursued in these developing areas. With no such single text currently available, the book fills a gap in our current understanding of legal risk management, regulatory compliance, and ethics, offering the potential to advance research efforts and enhance our approaches to effective legal risk management practices. Edited by an expert on legal risk management, this book is an essential reference for students, researchers, and professionals with an interest in business law, risk management, strategic management, and business ethics.

The use of third-party funding in the UK has been increasing and has moved into the mainstream as a funding option for clients involved in litigation, particularly following on from the positive endorsement of litigation funding by Lord Justice Jackson in his Review of Civil Litigation Costs where he said: 'I remain of the view that, in principle, third-party funding is beneficial and should be supported.'. This has now culminated in the formation of the Association of Litigation Funders to monitor compliance and the launch of the Code of Conduct for those funding in England and Wales. This practical guide to litigation funding provides the first comprehensive one-stop third-party funding reference to help practitioners in preparation for seeking funding and in their decision making. It examines the impact of the Jackson Reforms and Damages Based Agreements as well as the Code of Conduct and the Association of Litigation Funders. It would also include practical examples and a review of notable cases, including the important decisions of Gulf Azov Shipping, Arkin, London & Regional and Merchantbridge and their impact on funders, solicitors, and clients.

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, the first wide-ranging, book-length treatment of the subject for many years, compares tribunals in three major jurisdictions: the US, the UK, and Australia. The book analyzes and offers an account of the concept of 'administrative adjudication, ' and traces its historical development from the earliest periods of the common law to the 21st century. There are chapters dealing with the design of tribunals and tribunal systems, what tribunals do, and how they interact with their users. The book ends with a discussion of the place of tribunals in the 'administrative justice system' and speculation about possible future developments. Administrative Tribunals and Adjudication fills a significant gap in the literature and will be of great value to public lawyers and others interested in government accountability

Because of the overwhelming changes in media within the past twenty years, First Amendment values are more vital than ever to this country's freedom. This thorough study brings to the forefront the reasons that government regulation of news content violates the public interest and the fundamental principles of the First Amendment. A recent FCC decision may even threaten the freedom of news on the Internet.

The U.S. State Department urged at World Press Freedom Day in 2011 that journalists should not be the only ones standing for press freedom. "Each one of us who recognize the value of an informed citizenry must also stand up for this fundamental right."*

*www.misa.org/mediarelease/pressfreedom.html

This essential volume incorporates major contributions made by prominent scholars in the past forty years, which illustrate the understanding of the economics of remedies. The editor has selected seminal articles that analyze the well known distinction between property rules and liability rules and demonstrates its significance. The articles also demonstrate the dilemma of which remedy is the more efficient - damages or specific performance. In addition the collection addresses questions concerning the measure of recovery and the scope of liability, and concludes with the novel topic of partial compensation under uncertainty. This set of indispensable articles, along with an original introduction by the editor, will be of great value to law professors, law students, judges and practicing lawyers interested in law and economics, and economists.

In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.