A study of the U.S. Court of Appeals for the Second Circuit.

Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice. This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book. This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law.

This book looks at mass tort litigation in a variety of formats including lawsuits against manufacturers and Big Pharma. The authors argue that without the personal injury bar, outrageous examples of rampant corporate greed would continue to this day. The author references many class actions such as the exploding Pinto, Agent Orange, the Opioid epidemic, concussions in the NFL, and the Boeing 737 Max scandal. Text reform zealots argue that these lawsuits are bogus and detrimental to the American way of life. This is, of course, ridiculous. The authors argue that attorneys are the only means to alleviate the excesses of corporate greed by showing multiple cases of mistakes that were purposefully ignored because of the quest for corporate gain. Big corporations live by a cost/benefit analysis that allow and even foster the inevitable lawsuit which results from their greed.

This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.

It is often asserted that 'A family that prays together, stays together'. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children's right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States' positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children's right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

Through further technological development and increased globalization, conducting busines abroad has become easier, especially for Small and Medium Enterprises (SME). However, the legal issues associated with international commerce have not lessened in complexity, including the role of non-state rules. The book provides a comprehensive analysis of non-state rules in international commercial contracts. Non-state rules have legal authority in the national and international sphere, but the key question is how this legal authority can be understood and established. To answer this question this book examines first what non-state rules are and how their legal authority can be measured, it then analyses how non-state rules are applied in different scenarios, including as the applicable law, as a source of law, or to interpret either the law or the contract. Throughout this analysis three other important questions are also answered: when can non-state rules be applied? when are they applied? and how are they applied? The book concludes with a framework and classification that leads to a deeper understanding of the legal authority of non-state rules. Providing a transnational perspective on this important topic, this book will appeal to anyone researching international commercial law. It will also be a valuable resource for arbitrators and anyone working in international commercial litigation.

Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law. Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

This collection of readings places side by side the principal doctrines of contracts, torts, unjust enrichment, and property in the cases of the United States, England, France, Germany and China. It presents code provisions, cases, and other legal materials that describe the law in force, and places each doctrine in its historical context to enable an understanding of the development of law as an ongoing process, in which the resolution of current issues depends upon how past issues were resolved. It both provides a road map of the private law of these jurisdictions, and illustrates how private law has been shaped by history, by the effort to solve common problems, and by differences in culture. This new edition reflects changes in the law, and includes the addition of Chinese Law as a comparative study.

There has been a recent increase in clashes between warships asserting rights to navigate and states asserting sovereignty over coastal waters. This book argues for a set of rules which respect the rights of coastal states to protect their sovereignty and of warships to navigate lawfully, whilst also outlining the limits of each. The book addresses the issue of the clash between warships and states by considering the general principles applying to use of force in the law of the sea and the law of national self-defence. It focuses on the right of coastal states to use force to prevent passage of warships which threaten their sovereignty, with particular reference to the specific maritime zones, as well as by warships to ensure passage or to defend themselves. The book also assesses the extent to which the law of armed conflict may be applicable to these issues. The conclusion draws together a set of rules which take account of both contemporary and historical events and seeks to balance the competing interests at stake. Providing a concise overview of the enduring issue of freedom of navigation, this book will appeal to anyone studying international law, the law of the sea, security studies and international relations. It will also be of interest to naval, coast guard and military officers as well as government legal advisors.

There is an urgent need to better understand the legal issues pertaining to alternative dispute resolution (ADR), particularly in relation to mediation clauses. Despite the promotion of mediation by dispute resolution providers, policy makers, and judges, use of mediation remains low. In particular, problems arise when parties lack certainty regarding the legal effect of a mediation clause, and the potential uncertainty regarding the binding nature of agreements to pursue mediation is problematic and threatens the growth of ADR. This book closely examines the importance and complexity of mediation clauses in commercial contracts to remedy this persistent uncertainty. Using comparative law methods and detailed empirical research, it explores the creation of a comprehensive framework for the mediation clause. Providing valuable insight into the process of ADR and mediation, this book will be of interest to academics, law makers, law students, in-house council, lawyers, as well as parties interesting in drafting enforceable mediation clauses.

This book provides a comprehensive analysis of the illegal extraction of metals and minerals from the perspectives of organized crime theory, green criminology, anti-corruption studies, and victimology. It includes contributions that focus on organized crime-related offences, such as drug trafficking and trafficking in persons, extortion, corruption and money laundering and sheds light on the serious environmental harms caused by illegal mining. Based on a wide range of case studies from the Amazon rainforest through the Ukrainian flatlands to the desert-like savanna of Central African Republic and Australia's elevated plateaus, this book offers a unique insight into the illegal mining business and the complex relationship between organized crime, corruption, and ecocide. This is the first book-length publication on illegal extraction, trafficking in mined commodities, and ecocide associated with mining. It will appeal to scholars working on organized crime and green crime, including criminologists, sociologists, anthropologists, and legal scholars. Practitioners and the general public may welcome this comprehensive and timely publication to contemplate on resource-scarcity, security, and crime in a rapidly changing world.

- Includes case studies offering insight into famous historical cases and contemporary practicing laboratories. - Represents the first publication to offer a comprehensive introduction to the topic for beginners. - Written by an experienced professional working in the field.

Originally published in 1991, this book traces the evolution of the House of Lords as a court for private litigation during the critically important years from 1621 to 1675. It offers new insights into contemporary politics, government and religion, adding an important dimension to our understanding of the House of Lords. This book is primary reading for advanced undergraduates and postgraduate students on courses on early Stuart England, the Civil War and Restoration history.

Of the 347 U.S. false criminal convictions overturned so far through DNA testing, 73 percent were based on erroneous eyewitness testimony. How could so many eyewitnesses be wrong? This book answers this question. The analysis of the U.S. Supreme Court eyewitness cases shows that most of the Court's holdings were likely in error. The Court-like the judges and juries in the courts below-greatly overestimated the reliability of eyewitnesses against the defendants and decided their convictions based on unsound evidence. The facts of the cases and personalities of the defendants are engaging and compelling. An expert is needed to inform the judge and the jury of the circumstances to consider when weighing the testimony of the witness against the facts of the case. It is a clear violation of Due Process to deny the defendant the provision of an expert witness in all cases where the eyewitness testimony lacks corroboration. Research assessing both cross-examination and jury instructions makes it abundantly clear that neither can effectively provide courts with the counterintuitive information necessary to evaluate eyewitness reliability: denial of an expert is denial of Due Process.

In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are justices whose decisions are constrained by the choices made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.

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.

Dealing with the interface between the Alternative Dispute Resolution (ADR) movement and the phenomenon of domestic violence against women, this book examines the phenomenon of divorce disputes involving violence through the prism of 'alternative justice' and the dispute resolution mechanisms offered by the ADR movement. This book is the first academic treatise presenting the theoretical underpinnings of the correlation between the ADR movement and divorce disputes involving violence, and the potential contribution of this movement to the treatment of disputes of this nature. Through mapping the main values of the ADR movement, the book proposes a theoretical-analytical basis for understanding the inability of the legal system to deal with disputes of this nature, alongside a real alternative, in the form of the ADR mechanisms.

In the history of British patent law, the role of Parliament is often side-lined. This is largely due to the raft of failed or timid attempts at patent law reform. Yet there was another way of seeking change. By the end of the nineteenth century, private legislation had become a mechanism or testing ground for more general law reforms. The evolution of the law had essentially been privatised and was handled in the committee rooms in Westminster. This is known in relation to many great industrial movements such as the creating of railways, canals and roads, or political movements such as the powers and duties of local authorities, but it has thus far been largely ignored in the development of patent law. This book addresses this shortfall and examines how private legislation played an important role in the birth of modern patent law.

When emerging economies draft competition law and begin to enforce it, they usually draw on the EU and US competition law systems. However, significant country-specific legal and practical variations tend to arise quickly, making it imperative for international business lawyers to acquire more than a passing knowledge of competition legislation and relevant case law in these countries. Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinean contexts to reveal paradigmatic trends. Brazil and Argentina are chosen not only because they are among the major trading jurisdictions in the developing world, but also because they have each established a track record of over a decade in formulating and enforcing a system of merger control. The author describes and analyses all Brazilian and Argentinean legislation in the field of competition law, as well as the main merger decisions adopted by the competition authorities and the judgements held by the courts of these countries. The book thoroughly covers the system of competition law currently enforced in each country, as well as the main innovations of proposed new competition law currently pending in Brazil. In addition, the author draws on field interviews with competition lawyers and officers of competition authorities conducted between April and July 2008 in Buenos Aires, Brasilia, and Sao Paulo. The analysis considers such issues as the following: * impact of M&As on the level of competition in the markets of developing countries; * enforcement of competition law and the judiciary; * criteria for notification of economic concentrations; * application of econometric tests to define the relevant market and the degree of market concentration in the emerging economies; * structural and behavioural remedies in merger control; * extraterritorial application of competition law; * foreign direct investments and political pressures on the competition authorities of the developing countries; * the effect of cross-border concentrations in the developing countries; * ongoing negotiations between the EU and Mercosur to conclude a free trade area agreement; and * impetus toward regional competition law rules within Mercosur. Although the presentation is based essentially on a legal analysis, an overarching interdisciplinary methodology takes into consideration the economic and political aspects which may favour or hamper the development of competition law in an emerging economy. The author offers a number of policy proposals for improving the enforcement record of a formal institution like the national competition authority, in order to increase its credibility vis-a-vis public opinion, the business community, and the state administration. The core subjects discussed in the book - institutional factors undermining enforcement of competition law in emerging economies, the features of an effective merger control system, and the problems faced by national competition authorities when they review multijurisdictional concentrations - are of central importance in the work of corporate lawyers and government officials charged with regulating and enforcing competition law in emerging economies. For this reason, this book will be highly valuable to such practitioners and policymakers, both for its systematic analysis and for the practical utility generated by its empirical data.

In The Law of Evidence in Victorian England, which was originally published in 1997, Christopher Allen provides a fascinating account of the political, social and intellectual influences on the development of evidence law during the Victorian period. His book sets out to challenge the traditional view of the significance of Jeremy Bentham's critique of the state of contemporary evidence law, and shows how statutory reforms were achieved for reasons that had little to do with Bentham's radical programme, and how evidence law was developed by common law judges in a way diametrically opposed to that advocated by Bentham. Dr Allen's meticulous account provides a wealth of detail into the functioning of courts in Victorian England, and will appeal to everyone interested in the English legal system during this period.

This book analyzes why the Rehnquist Court never fulfilled expectations for the reversal of liberal judicial decisions from the Warren and Burger Courts. At its conservative high point in 1991-1992 the Supreme Court was dominated by seven justices who had dependably conservative voting records over the course of their early careers. Five of these justices were appointed in the 1980s and early 1990s by Reagan and Bush, presidents who made concerted efforts to appoint judicial officers who would undo liberal precedents. This is the first book to focus on scholars' growing recognition that the Rehnquist Court has not been as conservative as most presumed it would be. In focusing on Justice Antonin Scalia, whose role inadvertently contributed to the Court's failure to achieve conservative goals, the study examines how individual justices can affect Supreme Court decisions through their judicial behavior.

"Legal and economic analyses overlap and interact in many areas. Recent U.S. Supreme Court and lower court decisions on class action lawsuits clearly focus on the critical role that economic analysis plays in determining the outcome of class actions. Wal-Mart Stores, Inc. v. Dukes and Comcast Corp. v. Behrend have made national headlines, raising the bar in class certification for showing common impact and preponderance through expert testimony. These decisions have turned on the adequacy of the analyses put forth by expert economists, finding the analyses of the plaintiffs' economists to be insufficient. The decisions will have significant implications for use of expert testifiers in class certification and in estimation of monetary damages, presenting challenges to both attorneys and economists in antitrust and other class actions. This book focuses on the changing landscape of class action law and its interaction with the economic analysis of key issues in class actions. Articles examine the elements of class action law from diverse viewpoints, featuring defendant and plaintiff perspectives, concerning domestic and international law, and written by lawyers and economists."