The increasing number of executive tasks assigned to EU institutions and agencies has resulted in a greater demand for justice that can no longer be satisfied by the courts alone. This has led to the development of a wide range of administrative remedies that have become a central part of the EU administrative justice system. This book examines the important theoretical and practical issues raised by this phenomenon. The work focuses on five administrative remedies: internal review; administrative appeals to the Commission against decisions of executive and decentralised agencies; independent administrative review of decisions of decentralised agencies; complaints to the EU Ombudsman; and complaints to the EU Data Protection Supervisor. The research rests on the idea that there is a complex, and at times ambivalent, relationship between administrative remedies and the varying degrees of autonomy of EU institutions and bodies, offices and agencies. The work draws on legislation, internal rules of executive bodies, administrative practices and specific case law, data and statistics. This empirical approach helps to unveil the true dynamics present within these procedures and demonstrates that whilst administrative remedies may improve the relationship between individuals and the EU administration, their interplay with administrative autonomy might lead to a risk of fragmentation and incoherence in the EU administrative justice system.

To what extent does family law accommodate, deny, support or reflect the existence of religion and religious belief in a range of jurisdictions and throughout various family and social situations? This collection of comparative essays brings together reflections on a range of religions, including Islam, Judaism and Roman Catholicism. With insights, both historical and contemporary, from Ireland, Israel, Malta, Sweden, Russia, Turkey and the UK, it seeks to discover the place which religion has or might have within family law.

The aim of this edited collection of essays is to examine the relationship between private law and power - both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives - historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.

Hauck's guide to the arbitration of sex discrimination grievances is authoritative, comprehensive, extremely detailed, and easy to use. It is a solid resource for the professional responsible for establishing guidelines for a company or organization. The author explains how arbitrators decide employment discrimination complaints. He blends law and arbitral thinking on an issue-by-issue basis and offers procedural recommendations for arbitration.

Understanding and effective resolution of sex discrimination grievances require the blending of two bodies of arbitral fundamentals: those associated with traditional grievances and those of a more specific nature involving discrimination. The discrimination fundamentals require additional specification due to the sensitivity of the issues and often traumatic situations of those involved. This book gives the professional the knowledge and legal strategies to deal with all aspects of such cases.

Addresses simple to advance microscopy techniques for the effective analyses of trace evidence Pairs chapters on a particular type of microscopy, explaining it fully, before delving into specific usage for forensic applications Presents theories and as well as the real-world applications outlining current standards and best practices Provides numerous micro-photographs from authors' and editors' collections, including graphical representations and flow charts to clearly illustrate concepts

Addresses simple to advance microscopy techniques for the effective analyses of trace evidence Pairs chapters on a particular type of microscopy, explaining it fully, before delving into specific usage for forensic applications Presents theories and as well as the real-world applications outlining current standards and best practices Provides numerous micro-photographs from authors' and editors' collections, including graphical representations and flow charts to clearly illustrate concepts

What role can US domestic courts play in the worldwide enforcement of human rights? When international courts deny hearings to individual plaintiffs who cannot obtain the sponsorship of their own government (which may well be the defendant), these plaintiffs are finding US courts increasingly willing to hear their cases. This volume considers the implications of this de facto extension of the jurisdiction of US courts, the problem of enforcing the decisions of the courts, the relationship between human rights law and foreign policy and the emerging consensus on the primacy of human rights over the sovereign rights of states.

Written by leading scholars and judges, the Research Handbook on Representative Shareholder Litigation is a modern-day survey of the state of this essential field. The book is an important and timely contribution by leading corporate law scholars, judges, and practitioners, seeking to better understand and explain the proliferation of shareholder litigation across the globe. It provides a cross-jurisdictional survey of litigation and empirical evidence on the recent evolution of these lawsuits, including in-depth analyses of several key forms of shareholder litigation. Its chapters cover securities class actions, merger litigation, derivative suits, and appraisal litigation, as well as other forms of shareholder litigation. Through in-depth analysis of these different forms of litigation, the book explores the agency costs inherent in representative litigation, the challenges of multijurisdictional litigation and disclosure-only settlements, and the rise of institutional investors. It also surveys how related issues are addressed across the globe, with a special focus on parallel forms of litigation in the United States, Canada, the United Kingdom, the European Union, Israel and China. This Handbook will be an invaluable resource on this important topic for scholars of corporate law, practitioners, judges and legislators. Contributors include: D. Awrey, A. Badawi, R.A. Booth, E.A. Chiappinelli, S.J. Choi, B. Clarke, J.C. Coffee, Jr., J.D. Cox, J. Erikcson, J.J. Fedechko, J.E. Fisch, J.L. Gale, M. Gargantini, M. Gelter, S. Griffith, L.A. Hamermesh, S. Hannes, E. Kamar, C.R. Korsmo, J.T. Laster, A.M. Lipton, M. Myers, J.J. Park, A.C. Pritchard, P. Puri, A. Rickey, R. Ronnen, A.M. Rose, C. Silver, S.D. Solomon, R.S. Thomas, D. Webber, V. Winship, M. Wischmeier Shaner, C. Xi

This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive - particularly in respect of Myriad Genetics' BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies - such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

Prosecutes the civil litigation system and proposes practical reforms to increase access to the courts and reduce costs. Civil litigation has come under fire in recent years. Some critics portray a system of dishonest lawyers and undeserving litigants who prevail too often, and are awarded too much money. Others criticize the civil justice system for being out of reach for many who have suffered real injury. But contrary to these perspectives and popular belief, the civil justice system in the United States is not out of control. In Civil Justice Reconsidered, Steven Croley demonstrates that civil litigation is, for the most part, socially beneficial. An effective civil litigation system is accessible to parties who have suffered legal wrongs, and it is reliable in the sense that those with stronger claims tend to prevail over those with weaker claims. However, while most of the system's failures are overstated, they are not wholly off base; civil litigation often imposes excessive costs that, among other unfortunate consequences, impede access to the courts, and Croley offers ways to reform civil litigation in the interest of justice for potential plaintiffs and defendants, and for the rule of law itself. A better litigation system matters only because of what is at stake for real people, and Civil Justice Reconsidered speaks to the thought leaders, litigation reformers, members of the bar and bench, and policymakers who can answer the call for reforming civil litigation in the United States.

Teaching Evidence Law sets out the contemporary experiences of evidence teachers in a range of common law countries across four continents: Australia, Canada, Hong Kong, Ireland, New Zealand, South Africa, the United Kingdom and the United States. It addresses key themes and places these in the context of academic literature on the teaching of evidence, proof and fact-finding. This book focuses on the methods used to teach a mix of abstract and practical rules, as well as the underlying skills of fact-analysis, that students need to apply the law in practice, to research it in the future and to debate its appropriateness. The chapters describe innovative ways of overcoming the many challenges of this field, addressing the expanding fields of evidence law, how to reach and accommodate new audiences with an interest in evidence, and the tools devised to meet old and new pedagogical problems in this area. Part of Routledge's series on Legal Pedagogy, this book will be of great interest to academics, post-graduate students, teachers and researchers of evidence law, as well as those with a wider interest in legal pedagogy or legal practice.

This comprehensive and established book - first published in German - explains the new approach of law and economics to civil law. Written by two of Europe's leading scholars in the field, it provides a thorough yet accessible economic analysis of tort law, contract law and property law, with particular emphasis placed on legal cases and doctrines from civil law. The authors first review the basic concepts of both normative and positive economics and their links to institutional economics. They move on to develop the economic rationales of tort law and examine the different concepts involved. They also investigate contracts, especially sales contracts, quasi contracts, and pre-contractual duties which play a prominent role in civil law countries. Finally, they provide a comprehensive overview of the economic functions and legal forms of property law. Throughout, the authors analyse and evaluate the complexities of civil law using economic theory, and clearly demonstrate that the legal forms found in civil law frequently serve the purpose of increasing a nation's wealth. This outstanding volume is the first law and economics textbook that concentrates on civil law. It integrates legal doctrines with economic reasoning, and lucidly explains the concepts involved. It requires no prior knowledge of either economics or law and will undoubtedly become the requisite textbook in the field for all students of law, law and economics and business administration. It will also be of great value to academics and practitioners interested in an overview of this area.

* Includes over 1050 full-color photographs, diagrams, and illustrations throughout * Presents the step-by-step processes for current and accepted best practices for photography in nearly every applicable forensic context * The most up-to-date and comprehensive book available on the market for forensic photography * Examines traditional and, primarily, digital photography and the changing landscape of photography in a forensic context. * Contributed to by more than 40 professionals with real-world-hands on forensic photography experience in a variety of scenarios

Expertly combining negotiation theory and practice, Negotiation and Dispute Resolution for Lawyers demonstrates how lawyers can deliver enhanced levels of service to their clients. Comprehensive and engaging, the book is a lawyer's guide to resolving conflict, negotiating deals, preserving important client relationships, and ultimately becoming truly effective problem solvers. Key features: Accessible explanation of key concepts relating to negotiation, as well as less familiar ideas such as planned early dispute resolution and guided mediation Introduction to the strategies, tactics and core skills required for effective negotiation and conflict resolution, including how to overcome cultural and technological barriers Learning and unlearning processes facilitated by relevant examples, figures, and practical tools such as checklists With its broad scope and emphasis on practical application, this richly detailed book is an essential resource for lawyers in private practice and in-house corporate counsel. Lawyers in training will benefit from its nuanced approach to negotiation within a legal context, helping to broaden their repertoire of advisory, advocacy, counselling, and process design skills.

This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book's introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions' analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure - for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'etre of comparative law and, as clear from this book's contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

Property enhances autonomy for most people, but not for all. Because it both empowers and disables, property requires constant vigilance. A Liberal Theory of Property addresses key questions: how can property be justified? What core values should property law advance, and how do those values interrelate? How is a liberal state obligated to act when shaping property law? In a liberal polity, the primary commitment to individual autonomy dominates the justification of property, founding it on three pillars: carefully delineated private authority, structural (but not value) pluralism, and relational justice. A genuinely liberal property law meets the legitimacy challenge confronting property by expanding people's opportunities for individual and collective self-determination while carefully restricting their options of interpersonal domination. The book shows how the three pillars of liberal property account for core features of existing property systems, provide a normative vocabulary for evaluating central doctrines, and offer directions for urgent reforms.

The disputes that arise between host states and investors in the energy sector put a high number of valuable and vital projects in the countries at risk. Investment treaty arbitration mechanisms, as the traditional remedy, have provided a solution to these problems for decades. However, as the number of disputes increases, the sufficiency of arbitration in responding to disputes became questionable in addition to the long-lasting and costly cases. Accordingly, ADR mechanisms outside the arbitration cannon have triggered growing interest among practitioners. Despite the attraction and the apparent benefits of ADR such as being cheaper, faster and with better outcomes compared to arbitration, there are also hurdles in front that hinder the application of ADR. This has lead to the underuse of ADR in appropriate contexts. This study has been conducted to research the gap for the applicability of the ADR methods for investment disputes in the energy sector with the doctrinal analysis of the existing literature either promoting or opposing ADR. Its findings provide guidance for alternative dispute resolution practitioners on when to use ADR, how to use ADR and on what disputes ADR to be used to resolve conflicts in International Energy Investment.

This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for damages if we fail to do so? Second, if we do come to the rescue, as the good Samaritan did, will we have any claim for the expenses that we incurred, or perhaps even for a reward? Kortmann examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems, providing the first comprehensive treatment of English law in relation to 'liability for nonfeasance' (or 'liability for omissions') and 'negotiorum gestio' (or 'the doctrine of necessity'). In Part I, Kortmann examines English law which draws a distinction between action and inaction, or 'feasance' and 'nonfeasance'. In general, one is not held liable for failing to act. He explores the theoretical justifications for drawing this distinction and reveals through a short comparative survey the fundamentally different approaches taken in France and Germany, concluding that the English rule of no liability for nonfeasance requires a reconsideration. In Part II the English approach to the problem of reimbursement or reward is examined, detailing its profound differences from the Continental European approach. In principle, English law does not grant the necessitous intervener a claim against the beneficiary of his intervention. Kortamnn examines the theoretical justifications for assuming this position and again concludes that the law deserves reconsideration. Finally, Kortmann concludes by demonstrating close interconnections between the two, traditionally independent issues. He argues that the law ought not to introduce a general duty to intervene without at the same time granting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention.

In Patel v Mirza [2016] UKSC 42, nine justices of the Supreme Court of England and Wales decided in favour of a restitutionary award in response to an unjust enrichment, despite the illegal transaction on which that enrichment was based. Whilst the result was reached unanimously, the reasoning could be said to have divided the Court. Lord Toulson, Lady Hale, Lord Kerr, Lord Wilson, Lord Hodge and Lord Neuberger favoured a discretionary approach, but their mode of reasoning was described as 'revolutionary' by Lord Sumption (at [261]), who outlined in contrast a more rule-based means of dealing with the issue; a method with which Lord Mance and Lord Clarke broadly agreed. The decision is detailed and complex, and its implications for several areas of the law are considerable. Significantly, the reliance principle from Tinsley v Milligan [1994] 1 AC 340 has been discarded, as has the rule in Parkinson v College of Ambulance Ltd [1925] KB 1. Patel v Mirza, therefore, can fairly be described as one of the most important judgments in general private law for a generation, and it can be expected to have ramifications for the application of the illegality doctrine across a wide range of disciplinary areas. Unless there is legislative intervention, which does not seem likely at the present time, Patel v Mirza is set to be of enduring significance. This collection will provide a crucial set of theoretical and practical perspectives on the illegality defence in English private law. All of the authors are well established in their respective fields. The timing of the book means that it will be unusually well placed as the 'go to' work on this subject, for legal practitioners and for scholars.

Routledge Q&As give you the tools to practice and refine your exam technique, showing you how to apply your knowledge to maximum effect in assessment. Each book contains essay and problem-based questions on the most commonly examined topics, complete with expert guidance and model answers that help you to: Plan your revision and know what examiners are looking for: Introducing how best to approach revision in each subject Identifying and explaining the main elements of each question, and providing marker annotation to show how examiners will read your answer Understand and remember the law: Using memorable diagram overviews for each answer to demonstrate how the law fits together and how best to structure your answer Gain marks and understand areas of debate: Providing revision tips and advice to help you aim higher in essays and exams Highlighting areas that are contentious and on which you will need to form an opinion Avoid common errors: Identifying common pitfalls students encounter in class and in assessment The series is supported by an online resource that allows you to test your progress during the run-up to exams. Features include: multiple choice questions, bonus Q&As and podcasts.

Some say that private law ought to correct wrongs or to protect rights. Others say that private law ought to maximise social welfare or to minimise social cost. In this book, Emmanuel Voyiakis claims that private law ought to make our responsibilities to others depend on the opportunities we have to affect how things will go for us. Drawing on the work of HLA Hart and TM Scanlon, he argues that private law principles that require us to bear certain practical burdens in our relations with others are justified as long as those principles provide us with certain opportunities to choose what will happen to us, and having those opportunities is something we have reason to value. The book contrasts this 'value-of-choice' account with its wrong- and social cost-based rivals, and applies it to familiar problems of contract and tort law, including whether liability should be negligence-based or stricter; whether insurance should matter in the allocation of the burden of repair; how far private law should make allowance for persons of limited capacities; when a contract term counts as 'unconscionable' or 'unfair'; and when tort law should hold a person vicariously liable for another's mistakes.

This book documents and evaluates the dramatic expansion of intellectual property law to accommodate various forms of biotechnology from micro-organisms, plants, and animals to human genes and stem cells. It makes a unique theoretical contribution to the controversial public debate over the commercialization of biological inventions. The author also considers the contradictions between the Supreme Court of Canada rulings in respect of the Harvard oncomouse, and genetically modified canola. He explores law, policy, and practice in both Australia and New Zealand in respect to gene patents and non-coding DNA. This study charts the rebellion against the European Union Biotechnology Directive - particularly in respect of Myriad Genetics' BRCA1 and BRCA2 patents, and stem cell patent applications. The book also considers whether patent law will accommodate frontier technologies - such as bioinformatics, haplotype mapping, proteomics, pharmacogenomics, and nanotechnology. Intellectual Property and Biotechnology will be of prime interest to lawyers and patent attorneys, scientists and researchers, business managers and technology transfer specialists.

The United Nations Convention on the Law of the Sea (LOSC) represents one of the most successful examples of multilateral treaty making in the modern era. The convention has 168 States parties, and most non-signatory States recognise nearly all of its key provisions as binding under customary international law, including the United States. Nevertheless, there remain significant differences in interpretation and implementation of the LOSC among States as well as calls, on occasion, for its amendment. This book analyses the impact, influence and ongoing role of the LOSC in South East Asia, one of the most dynamic maritime regions in the world. Maritime security is a critical issue within the region, and it is separately assessed in light of the LOSC and contemporary challenges such as environmental security and climate change. Likewise, navigational rights and freedoms are a major issue and they are evaluated through the LOSC and regional state practice, especially in the South China Sea. Special attention is given to the role of navies and non-state actors. Furthermore, the book looks at regional resource disputes which have a long history. These disputes have the potential to increase into the future as economic interests and concerns over food security intensify. Effective LNG and fisheries resource management is therefore a critical issue for the region and unless resolved could become the focal point for significant maritime disputes. These dynamics within the region all require extensive exploration in order to gauge the effectiveness of LOSC dispute resolution mechanisms. The Law of the Sea in South East Asia fills a gap in the existing literature by bringing together a holistic picture of contemporary maritime issues affecting the region in a single volume. It will appeal to academic libraries, government officials, think-tanks and scholars from law, strategic studies and international relations disciplines.