As a Facebook moderator, Chris Gray made a living looking at graphically violent images and reviewing some of the internet's most toxic debates. Following a short training induction, he was responsible for deciding what material could remain online and what needed to be removed. Years later, the psychological trauma of the things he had seen hit him like a ton of bricks. He was eventually diagnosed with PTSD. In this eye-opening book, Chris recounts his quest to hold the behemoth Facebook to account for his PTSD - a journey that would ultimately lead him to take legal action against one of the world's most powerful corporations. The Moderator is both a story of the mental health fallout from this very new type of job and an exploration of some of the most important questions in the 21st century: when everybody has a direct communications channel with everybody else in the world, what should people be allowed to say, when is it okay to silence them - and who decides?

This classic civil procedure casebook begins with a detailed overview, thus providing students with a solid and complete grounding in the subject, before proceeding to in-depth coverage of the major problem areas. It is highly versatile and can serve the most profound of civil procedure courses as well as a modern compact course allotted as few as three semester hours. Thanks to its flexible structure, it also fosters diverse teaching methods. The thirteenth edition retains prior editions' range and depth of coverage, while reflecting a thorough rewriting for improved flow and clarity. It newly features most prominently a reordering of the Part on jurisdiction and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven "Stories" approach to the presentation of the major cases' backgrounds.

This casebook is the concise, and very modern, version of a respected classic of civil procedure casebooks. The key to its brevity is its efficient and systematic step-by-step survey of the subject in Part One, which provides a tight 270-page comprehensive treatment of current civil procedure. The survey suffices to give the students a complete and solid grounding in civil procedure by means of the cases, commentaries, text, and questions that progress from pretrial and settlement to trial, judgment, appeal, jurisdiction, and complex litigation. This brief yet thorough coverage leaves time for in-depth treatment of a few selected problem areas regarding the system's fundamental structure in Part Two on governing law, Part Three on authority to adjudicate, and Part Four on res judicata. The thirteenth edition has been thoroughly updated. It newly features most prominently a reordering of Part Three and a reworking of the rapidly changing subject of general and specific personal jurisdiction. Finally, it brings a proven "Stories" approach to the presentation of the major cases' backgrounds.

The Guidelines for the Assessment of General Damages are designed to provide a clear and logical framework for the assessment of damages in personal injury cases. The first edition of this title was regarded as a landmark in personal injury practice. Each succeeding issue has built on this reputation and the book has now firmly established itself as essential reading for all those involved in the area of personal injury litigation. This new edition has been updated to take into account inflation since the last edition and to reflect decisions of the higher courts on quantum. New guidance is provided in relation to the application of the tariff-based awards for general damages under the Civil Liability Act 2018. A new section is included dealing with sexual abuse as well as a new chapter dealing with work-related limb disorders. Efforts have also been made to identify those cases likely to fall within the new GBP5,000 small claims limit in certain RTA cases. This book is edited by a working party of the Judicial College, under the chairmanship of The Hon. Mrs Justice Lambert DBE. The members of the working party are all lawyers and personal injury specialists: Stuart McKechnie QC, barrister; Steven Snowden QC, barrister; Lisa Sullivan, Master of the Queen's Bench Division; and Richard Wilkinson, barrister.

Mergers and acquisitions occur for many legitimate reasons and should be encouraged as a matter of general policy, yet the resulting increase in the level of market concentration and market strength can lead to concerns that certain 'deals' may irreparably damage the market structure and create anti-competitive effects. This volume explores the competition concerns arising out of mergers and acquisitions, the reasons for merger control and the fundamental options that face all jurisdictions intent on implementing an effective merger control regime. The volume acts as a guide through the development of merger control law, policy and scholarly thought and includes commentary on each of the key stages of any effective merger control regime. The articles consider the objectives of merger control and the broader political landscape within which mergers take place; the procedural issues in merger control, including jurisdictional matters and due process; the different substantive legal standards incorporated into merger control; the relevant theories of harm and the appropriate treatment of efficiencies; and the use of remedies in merger control. The chosen articles mainly, but not exclusively, focus on the US and EU, and several adopt a cross-disciplinary approach encompassing law, political science and economics.

Despite the unprecedented growth of arbitration and other means of ADR in treaties and transnational contracts in recent years, there remains no clearly defined mechanism for control of the system. One of the oldest yet largely marginalized concepts in law is the public policy exception. This doctrine grants discretion to courts to set aside private legal arrangements, including arbitration, which might be considered harmful to the "public". The exceptional and vague nature of the doctrine, along with the strong push of actors in dispute resolution, has transformed it, in certain jurisdictions, to a toothless doctrine. At the international level, the notion of transnational public policy has been devised in order to capture norms that are "truly" transnational and amenable for application in cross-border litigations. Yet, despite the importance of this discussion-a safety valve and a control mechanism for today's international and domestic international dispute resolution- no major study has ventured to review and analyze it. This book provides a historical, theoretical and practical background on public policy in dispute resolution with a focus on cross-border and transnational disputes. Farshad Ghodoosi argues that courts should adopt a more systemic approach to public policy while rejecting notions such as transnational public policy, which limits the application of those norms with mandatory nature. Contrary to the current trend, the book invites the reader to re-conceptualize the role of public policy, and transnational dispute resolution, in order to have more sustainable, fair and efficient mechanisms for resolving disputes outside of national courts. The book sheds light on one of the most important yet often-neglected control mechanisms of today's international dispute resolution and will be of particular interest to students and academics in the fields of International Investment Law, International Trade Law, Business and Economics.

The articles selected for this volume draw on game theory, political science, psychology, sociology and anthropology to consider how the process of dispute resolution is altered, challenged and made more complex by the presence of multiple parties and/or multiple issues. The volume explores issues of coalition formation, defection, collaboration, commitments, voting practices, and joint decision making in settings of increasing human complexity. Also included are examples of concrete uses of deliberative democracy processes taken from new applications of complex dispute resolution theory and practice. The selected essays represent the latest theoretical advances and challenges in the field and demonstrate attempts to use dispute resolution theory in a wide variety of settings such as political decision making and policy formation; regulatory matters; environmental disputes; healthcare; community disputes; constitutional formation; and in many other controversial issues in the polity.

This volume considers the application of dispute resolution theory and practice to international conflicts and explores the uses of formal processes such as diplomacy or treaty formation, as well as more informal processes such as multiple-track private negotiations or peace workshops. The volume also presents materials on more innovative forms of complex transnational or sub-national conflict resolution, such as transitional and restorative justice institutions and processes, both formal (truth and reconciliation commissions) and indigenous and informal (Rwandan gacaca). The articles are selected from both public and private international law settings and query whether universal principles of multi-national dispute resolution are possible or whether each conflict is likely to be sui generis or requiring deep contextual analysis and integrity. They also explore the dialogic, as well as dialectical, relationships in the development of conflict resolution theory and practice in multi-cultural and multi-disciplinary settings and show that the application of dispute resolution theories from multiple sources and cultures (both Western and Eastern, as well as Northern and Southern) to multiple sites of conflicts (including courts, tribunals and other forms of dispute resolution at different levels and from multiple jurisdictions) raises important dilemmas of universalism and particularism in international conflict resolution.

Mediation Ethics is a groundbreaking text that offers conflict resolution professionals a much-needed resource for traversing the often disorienting landscape of ethical decision making. Edited by mediation expert Ellen Waldman, the book is filled with illustrative case studies and authoritative commentaries by mediation specialists that offer insight for handling ethical challenges with clarity and deliberateness.

Waldman begins with an introductory discussion on mediation's underlying values, its regulatory codes, and emerging models of practice. Subsequent chapters treat ethical dilemmas known to vex even the most experienced practitioner: power imbalance, conflicts of interest, confidentiality, attorney misconduct, cross-cultural conflict, and more. In each chapter, Waldman analyzes the competing values at stake and introduces a challenging case, which is followed by commentaries by leading mediation scholars who discuss how they would handle the case and why. Waldman concludes each chapter with a synthesis that interprets the commentators' points of agreement and explains how different operating premises lead to different visions of what an ethical mediator should do in a given case setting.

Evaluative, facilitative, narrative, and transformative mediators are all represented. Together, the commentaries showcase the vast diversity that characterizes the field today and reveal the link between mediator philosophy, method, and process of ethical deliberation.

Commentaries by

Harold Abramson

Phyllis Bernard

John Bickerman

Melissa Brodrick

Dorothy J. Della Noce

Dan Dozier

Bill Eddy

Susan Nauss Exon

Gregory Firestone

Dwight Golann

Art Hinshaw

Jeremy Lack

Carol B. Liebman

Lela P. Love

Julie Macfarlane

Carrie Menkel-Meadow

Bruce E. Meyerson

Michael Moffitt

Forrest S. Mosten

Jacqueline

Nolan-Haley

Bruce Pardy

Charles Pou

Mary Radford

R. Wayne Thorpe

John Winslade

Roger Wolf

Susan M. Yates

Ohne VertrAge wAre die Juristerei und das gesamte Wirtschaftsleben nicht vorstellbar. Und kein Jura-Student kommt am Schuldrecht vorbei. In diesem Buch geht es um den Besonderen Teil des Schuldrechts und damit um VertrAge und die Rechte und Pflichten, die mit ihnen verbunden sind. Tobias Huep geht auf unterschiedliche VertrAge ein: Von KaufvertrAgen A1/4ber MietvertrAge, Dienst- und WerkleistungsvertrAge bis hin zu ArbeitsvertrAgen. Auch gesetzliche SchuldverhAltnisse, fA1/4r die kein Vertrag erforderlich ist, lAsst er nicht auA en vor. Aufgenommen sind bereits die aktuellen und praxisrelevanten Neuerungen im Pauschalreiserecht und der erstmalig geregelte Bauvertrag.

This 2019 Supplement may be used with any casebook or other materials used in an Evidence course. It was prepared to accompany Weinstein, Abrams, Brewer, and Medwed's Evidence, 10th Edition. It contains the latest versions of the Federal Rules of Evidence and the California Evidence Code, with comments, notes and commentaries.

The Seventh Edition of this casebook provides a systematic comparison of the Evidence Code's and Federal Rules' approaches to admissibility of evidence. Transcripts of witness examinations help students visualize the process of presenting and objecting to evidence. The book combines the problem and witness examination approach with text, not cases, that sets out the law of evidence in a clear and concise manner. It discusses major cases and the policies and concepts underlying the rules, not just the rules themselves. The end of each chapter includes the text of the code sections and rules discussed in that chapter. Changes from the Sixth Edition include: (1) Significant revisions of the Questions and Problems to eliminate true-false questions and replace them with real-life hypotheticals that give students an opportunity to argue for and against the admission of specific items of evidence; (2) Reductions in the text regarding the role of 1982's Proposition 8 to reflect the reality that it has made only a few changes in the admissibility of evidence in criminal cases; (3) Revisions of the sections involving Specific Conduct for Non-Character Purposes, to better illustrate the difficulties in using uncharged offenses that are similar to the charged offenses; (4) Division of the Chapter on Impeachment of the Credibility of Witnesses to make it more manageable to teach and less daunting to explore; (5) Inclusion of recent developments limiting the use of hearsay by expert witnesses; and (6) Restructuring of the chapters on privileges by eliminating redundant material and grouping similar privileges together in one chapter, thus reducing the number of chapters on privileges from 11 to 6.

"Tanya Acker lays out a common sense approach to deciding when to go-or not to go-to court. Make Your Case is straightforward and an invaluable resource from someone with the legal insight to tell it like it is." -Judge Judy Sheindlin Tanya Acker, co-star of the nationally syndicated and Emmy-nominated show Hot Bench, demystifies civil litigation-from common lawsuits to new cases emanating from Covid-19 and looting (tenant vs. landlord rent disputes, small business damage, and more)-and lays out an expert's guide to legal proceedings inside the courtroom and out, giving readers professional insider information they need to find THEIR WIN in a lawsuit. Millions of people end up in civil court each year. They assume going to court is the next logical step in their fight, but they often have little idea about how the court system works or what they can reasonably expect of it. They make poorly informed judgments about whether court is the best option for solving a problem, what kind of solutions it can provide, and why it proceeds in the (sometimes) counterintuitive way it does. They think "winning" is only about the judgment or verdict rendered by judge or jury. Those "wins" are great-but if you don't know what the process can exact from you or why it works as it does, that blind procession to victory can end up costing you your real win. In Make Your Case, Tanya Acker cuts straight to the essentials, providing curated, targeted advice based on her extensive experience regarding exactly what people want to know: what happens during court proceedings and why, and how to best prepare for it-or how to avoid court entirely and find a better way. Be smart. Be ready. Make your case.

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date. Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.

'How much for my leg?' This is an apparently simple question that someone might ask their lawyer after sustaining a wrongful injury to the said limb. But, in Scotland, no fixed answer can be given. Nor can any official range of possible figures be given. Only after some serious professional work, perhaps taking many hours, can a range of figures be suggested. This study of the assessment of non-pecuniary damages for personal injury reviews the state of current approaches in Scotland, considers the conclusions of the Gill Report and compares differing approaches in jurisdictions worldwide, before presenting possible options for reform.

The Twelfth Edition of this very popular casebook provides a framework for studying the essential and cutting-edge issues of civil procedure in an accessible but rigorous way. The materials are designed to reinforce doctrinal understanding, to foster case reading skills, to encourage critical thinking about the real-world context of procedural decisions, and to help develop a sense of litigation strategy. The casebook covers all of the major topics that a professor might wish to teach in a first-year course, and can easily be adapted for courses of one- or two-semesters, of different credit hours, and with varied practical or theoretical emphases. A supplement includes all updated Federal Rules, federal statutes and constitutional provisions pertinent to procedure, the pleadings in Twombly and Iqbal, a model case file, a litigation flow-chart, state materials, and other important teaching tools. New materials include: Notes on the latest Supreme Court cases on general jurisdiction; Materials on the role of virtual contacts in determining personal jurisdiction Notes on the latest Supreme Court cases on diversity jurisdiction and the arising under power Note on the latest Supreme Court case on specialized venue Expanded notes on multidistrict litigation and group litigation Materials on the 2015 amendments to the discovery rules, including e-discovery Materials on the NFL concussion litigation and ascertainability under Rule 23.

Since it first appeared, this casebook has sought to capture the evolving challenges of civil procedure in a way that engages students and fosters critical judgment on the underlying policy issues. The authors have closely monitored the evolution of procedure over this time, and adapted the basic structure of the book to take account of those changes. That evolution remains central to the seventh edition. The new edition retains the basic structure of the book, and a great deal of the existing superstructure of principal cases. It adds substantially revised text and note material to present contemporary issues in the context of those cases or new principal cases. The discovery chapter, for example, is infused with coverage of the 2015 rule amendments that have received somuch attention. The personal jurisdiction chapter integrates the many recent Supreme Court decisions into the existing framework, conveying the developments that have occurred since the last edition appeared in 2013. The new edition also offers new principal cases to examine and illustrate a number of issues. A new Rule 19 case on required parties presents the contemporary issues in a setting likely to be interesting to many students. A new Internet jurisdiction case involves online payday lending, an example of the fast-moving world of Internet-based commerce. A recent supplemental jurisdiction case enables students to work through the application of 1367 in a setting that also involves appreciation of various joinder concepts. A new class-action case presents the challenges of consumer class actions. New Supreme Court and other principal cases address issues of subject matter jurisdiction and appellate jurisdiction. As reflects contemporary litigation, intellectual property cases are more prominent than in previous editions.

This is the third revised edition of what was described by the English Court of Appeal in C v D as the "standard work" on Bermuda Form excess insurance policies. The Form, first used in the 1980s, covers liabilities for catastrophes such as serious explosions or mass tort litigation and is now widely used by insurance companies. It is unusual in that it includes a clause requiring disputes to be arbitrated under English procedural rules in London but subject to New York substantive law. This calls for a rare mix of knowledge and experience on the part of the lawyers involved, each of whom is required to confront the many differences between English and US law and legal culture. In addition, since the awards of arbitrators are confidential and are not subject to the scrutiny of the courts, the book helps professionals understand the Form's lengthy and complex provisions. The book, first published in 2004, was the first comprehensive analysis of the Bermuda Form. It is frequently cited in Bermuda Form arbitrations and was the joint winner in 2012 of British Insurance Law Association Book Prize for the most notable contribution to literature in the field of law as it affects insurance. It offers a detailed commentary on how the Form is to be construed, its coverage, the substantive law to be applied, the limits of liability, exceptions, and, of course, the procedures to be followed during arbitration proceedings in London. The book will prove invaluable to lawyers, risk managers, and executives of companies which purchase insurance on the Bermuda Form, and to clients, lawyers or arbitrators involved in disputes arising therefrom.

A comprehensive collection of effective litigation reports on a variety of subjects

Accounting, financial, appraisal, and economic experts called upon to provide expert testimony in legal proceedings need reliable models for the critical documents they will submit to the court. Litigation Support Report Writing collects eighteen exemplary reports from a variety of financial topics, providing professionals a comprehensive resource on this vital function.

Jack Friedman and Roman Weil’s unique guide shows report writers how to make the best use of their time, how to delegate report findings effectively and efficiently, and how to ensure their report’s thoroughness and completeness. Topics covered include:

• Business appraisal
• Employment litigation
• Family law
• Intellectual property
• Personal injury
• Real estate
• Securities litigation

A Web site www.wiley.com/go/friedman offers four additional reports. This authoritative collection proves the premier resource to litigation reporting on the market today.

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called ‘default verticality.’ This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties. Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

Disclosure of Information: Norwich Pharmacal and Related Principles offers clear and concise procedural guidance and comprehensive legal analysis of the key ingredients of the jurisdiction dealing with: * Wrongdoing * Involvement * Necessity * Discretion and scope of relief It is the only book available that deals solely with this important and distinctive power of disclosure developed (and continuing to develop) in the English Courts. This invaluable resource: * considers Norwich Pharmacal orders in depth as well as examining the Bankers Trust jurisdiction and other species of relief such as third-party disclosure, pre-action disclosure and the use of subject access request * addresses developments in the field of third party disclosure in proceedings issued against persons unknown * includes practical examples illustrating how the jurisdiction is relevant in different scenarios that can be faced * explores specific topics such as the use of Norwich Pharmacal against internet service providers and social media operators * includes a chapter on the extra-territorial scope of the Norwich Pharmacal jurisdiction - of particular interest to litigators dealing with cross-border fraud issues The book combines detailed legal commentary with sound practical guidance and is essential reading for litigation practitioners and practitioners involved in commercial disputes.

This book explains how the Civil Procedure Rules work in practice. The book covers the entire spectrum of civil litigation providing a step-by-step guide through all stages of a civil action. Features: Provides a practical, comprehensive and detailed guide covering all areas of civil litigation in the High Court and County Court Guides you through the procedure involved in any civil matter Covers all stages of litigation in a logical sequence from pre-action to enforcement and appeals Expert authors provide tactical and strategic advice, examples, tips and solutions Cross-refers to the Civil Procedure Rules and the White Book What's new for the 20th edition: New sections and fuller coverage of: online case management systems including CE-filing and MCOL; procedure under the RTA and EL/PL Protocols, including the new protocol for small RTA cases which is in force from 31 May 2021; use of remote hearings; post-Brexit amendments; amendments to the CPR; the disclosure pilot scheme; and ADR. In more detail: A revised Chapter 9 on proceedings under Parts 7 and 8 which gives fuller coverage of the multiple case management systems now in use in the High Court, County Court and the Business & Property Courts A new Chapter 10 on procedure under the RTA and EL/PL Protocols, including the new protocol for small RTA cases which is in force from 31 May 2021. Chapter 13 on interim applications includes updated coverage on current practice as to remote hearings (i.e. conducted by telephone or video) Chapter 41 on enforcement of non-money judgments includes revised commentary on the new rules relating to the enforcement of orders for possession and contempt proceedings Other new developments include: developments in expert evidence; the disclosure pilot scheme; security for costs and a cross-undertaking in damages; the widening influence of alternative dispute resolution; changes in Insolvency law including the Debt Respite Scheme, which came into force on 4 May 2021 Plus a wealth of new case law

An attorney and conflict resolution specialist offers you step-by-step guidance to settling your disputes out of court.... Marital, employer/employee, contract...no matter what your dispute, this lucid and witty how-to guide offers you proven strategies and step-by-step guidance to resolving it fairly, equitably, and without the time and expense of a court trial. Packed with real-life examples and anecdotes and written in plain English, Settle It Out of Court is a valuable, entertaining resource for businesspeople, negotiators, and just about anybody involved in a dispute. Advance praise for Settle It Out of Court.

"...a timely, insightful, practical, and extraordinarily well-written book on how to achieve fair and dignified resolutions of our disputes. Through real-life experiences, well-told anecdotes, and humor, Mr. Crowley provides a step-by-step guide...which is fun to read, easy to understand, and easy to use." —Keith Hunter Regional Vice President American Arbitration Association

"...a real gem. It’s timely, witty, and it’s desperately needed by millions of litigants and their attorneys...should be required reading for every business professional entering into a contract, every parent contemplating divorce, and every supervisor who finds himself or herself sitting opposite an irate employee." —Dr. Peter S. Adler, PhD Managing Director, The Accord Group Former Director of the State of Hawaii Center for Alternative Dispute Resolution

"...a rare combination of tremendously useful information conveyed in a simple, witty, readable manner.... For anyone feeling trapped in a dispute, this will be a welcome road map to reaching a fair, fast, and economical resolution while keeping one’s sanity intact." —James K. Hoenig Arbitrator, mediator, attorney, and psychologist

This is the report of the Inter--Society Working Group on Hearing Disability, which was founded in 1986 and completed its work in 1991. The report proposes a method for the quantification of hearing disability resulting from hearing impairment for the purposes of description and compensation, with particular reference to noise--induced hearing deficit. The book will be of interest to medical specialists concerned with the assessment of hearing disability as well as to legal professionals dealing with compensation claims in this area and to those with an academic interest in disability assessment.