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The transfer of immovables in Europe creates a series of challenges and questions in practice. The increase in cross-border transactions of immovable property within the European Union has created a demand for knowledge of the system of land registration across a range of jurisdictions. This volume compares and contrasts the different legal processes of seventeen countries and includes a comprehensive analysis of the transfer of immovables and the Land Register in Europe. With fifteen case studies, it provides both theoretical and practical information on the applicable contract and land law. This volume encourages the reader to evaluate legal issues by using the wider European legal sources available. For this very purpose, it is an important research tool for comparative study in the field.
A close engagement with law has long been a core dimension of feminist activism. However, it is only since the late twentieth century that a distinct and vital body of academic literature addressing the nature, effects, and limits of that engagement has emerged. In particular, from the 1980s onwards, a critical mass of scholarship has accumulated, establishing feminist legal studies not just as a recognizable subdiscipline, both of law and of feminist or women s studies, but also as a terrain of substance and complexity, the exploration and understanding of which requires increasingly sophisticated navigation skills.
As research in and around the area flourishes as never before, this new title in the Routledge Major Works series, Critical Concepts in Law, meets the need for an authoritative reference work to make sense of a rapidly growing and ever more complex corpus of literature, and to provide a map of feminist legal studies as it has emerged, developed, and diverged over the last thirty years.
There are many ways of classifying feminist thinking within and beyond law. A typical method is to divide work into competing political or theoretical camps (such as liberal feminism, socialist feminism, and radical feminism). Another way, more common in law, is to organize feminist perspectives around issues such as abortion, equal pay, and pornography. A third treatment would be to focus on epistemologies (for example, feminist empiricism, standpoint theory, and postmodernism). However, the editor of this reference work, an internationally renowned scholar, eschews these increasingly sterile approaches and instead offers a view of feminist legal studies as a dynamic process of engagement with law which takes different forms and emphases at different points and contexts. Feminist legal studies does not, she argues, comprise a static set of ideas; it is rather an ongoing conversation.
For this reason, the material gathered here in this four-volume collection is, to a considerable extent, organized chronologically, starting with the key feminist issues and interventions of the early 1980s. The collection then progresses thematically to reflect the shifts and turns of feminist legal thought. The content of the material is explicitly inter-jurisdictional, and reflects the global nature of feminist legal scholarship and, in particular, current thematic preoccupations.
With a comprehensive introduction, newly written by the editor, which places the material in its historical and intellectual context, Feminist Legal Studies is an essential work of reference and is destined to be valued by scholars and students of feminist law as well as those working in allied areas as a vital one-stop research resource.
Regressfragen sind sowohl juristisch als auch wirtschaftlich von grosser Bedeutung und bilden die Grundlage fur vermehrte Diskussionen in Literatur und Rechtsprechung. Wiederholt wird dabei die Frage diskutiert, ob der Regress eines Disziplinarmittels aufgrund einer drohenden Zweckverfehlung ausgeschlossen sein muss. Zur Untersuchung dieser Frage betrachtet der Autor die entsprechenden Konstellationen im Verbands-, Kartell- und Datenschutzrecht. Anschliessend stellt er die Gemeinsamkeiten und Unterschiede der Konstellationen dar und formuliert einen allgemeingultigen Ansatz anhand des deutschen Schadensrechts. Abschliessend gibt der Autor einen Ausblick auf den Regierungsentwurf zu einem Verbandssanktionengesetz.
International Commercial and Marine Arbitration analyses and compares commercial-martime arbitration in a number of different legal systems including the US, the UK, Greece and Belgium. The book examines the role of the courts in arbitration in each of these countries, making reference to the latest case law, and also makes extensive reference to French, German, Italian, Austrian, Swiss and Netherlands law. Tracing the historical emergence of the modern system of commercial arbitration Georgios Zekos then goes on to present ways in which the current process of arbitration can be developed in order to make them more effective.
Hardbound - New, hardbound print book. Since 1985, this casebook has been the staple of Complex Litigation courses. It covers a wide variety of cases - civil rights, mass torts, securities, consumer rights - and provides a strong foundation for classroom coverage regarding any type of complex litigation. The new 7th edition retains the book's familiar broad coverage and basic format while adding coverage of important recent developments. In particular, the new edition has a full chapter devoted to Mutidistrict Litigation, which is increasingly prominent, and new cases interpreting the 2018 Rule 23 amendments. In addition, it includes new cases dealing with contemporary problems in e-discovery as well as the growing use of plaintiff fact sheets in MDL mass tort proceedings. The new edition also introduces a new co-author - Prof. Andrew Bradt of UC Berkeley, a leading scholar on MDL issues. The final chapter on arbitration has been reoriented to focus on ways in which arbitration clauses may keep some complex litigation - particularly class litigation - out of court.
Civil Liability and Financial Security for Offshore Oil and Gas Activities provides insights into the liability and compensation regime for offshore-related damage. The book analyses the legal regime in a variety of states (including the US and the UK) as well as the EU regime. In addition, the various compensation mechanisms and amounts available today to compensate offshore-related damage are described and critically analysed. Moreover, the book is based on in-depth interviews with a wide variety of relevant stakeholders including insurers, representatives from supervisory authorities, and oil and gas producers. This volume also provides a variety of policy recommendations, formulated to provide an optimal compensation regime for offshore-related damage.
How to Win Your Case is a guide for all those presenting a case before a tribunal or court, both to make a claim and to defend it, including people acting for themselves. It covers all aspects of litigation from basic understanding to how to conduct investigations, negotiations, pleadings, preparations, case management, conducting the hearing and dealing with the aftermath. Based on 35 years of the author's experience in courts and tribunals, the book covers the conduct of all kinds of civil litigation and contains examples of what needs to be done at each stage, and guidance on how to do so. This includes tips on how to ask questions, to avoid pitfalls, and to deal with mistakes, with expert techniques for each. To add practical insight, it also contains a helpful case study giving a practical illustration of the conduct of a case before the Employment Tribunal. This includes a Claim Form, Response, documents, statements, draft initial submissions, draft questions for witnesses (examination in chief and cross examination), draft final submissions and an indication of what a judgment might look like. The book does not promise success, but gives advice on how to conduct the case as effectively as possible. Although based on UK principles, this is a helpful guide for the conduct of civil litigation throughout the English-speaking world, where the principles are essentially the same. Its practical, rather than academic, approach avoids legal jargon where possible, making How to Win Your Case easy to understand and essential for those with only some, or even no, legal experience.
Enforcing Consumer and Capital Markets Law: The Diesel Emissions Scandal is an international and intradisciplinary work. On the example of one topical and global collective damage event with far reaching consequences for both consumers and investors, this work critically analyses the various approaches of public and private law enforcement and their effectiveness across several jurisdictions, namely those of Austria, Denmark, France, Germany, England and Wales, Italy, Lithuania, the Netherlands, Portugal, Australia, Brazil, China and the United States of America. Based on decided and pending cases, the book demonstrates to what extent public authorities, but also private claimants, can take effective steps against the violation of their rights in their respective jurisdictions. The following is examined: law enforcement by public institutions, law enforcement by private parties and overlaps as well as hybrids and connections between both areas. A particular focus is given to collective redress, that is representative actions and model case proceedings. Comments from renowned practitioners sharing their experiences are included throughout the book. Separate concluding comparative chapters have two different aims: A comparative analysis of the legal solutions with a supranational European Union level focus provides invaluable insights into best practices and effectiveness. In addition, an intradisciplinary comparison assesses and evaluates the effectiveness of consumer law vs capital markets law mechanisms. Furthermore mechanisms of competition law and company law are taken into account. With contributions by Willem H. van Boom (University of Leiden), Peter Cashman (3 Wentworth Chambers; University of New South Wales), Tanja Domej (University of Zurich), Marcello Gaboardi (Bocconi University Milan), Beate Gsell (Ludwig-Maximilians-Universitat Munich; Munich Higher Regional Court), Jutta Gurkmann (Verbraucherzentrale Bundesverband e.V.), Patrick Honegger-Muntener (University of Zurich), Emmanuel Jeuland (University Paris 1 Pantheon-Sorbonne), Remigijus Jokubauskas (Court of Appeal of Lithuania), Georg E. Kodek (Vienna University of Economics and Business), Lene Kohl (Osborne Clarke, Berlin), Petra Leupold (VKI-Academy), Claudia Lima Marques (Federal University of Rio Grande do Sul), Caroline Meller-Hannich (Martin-Luther-University Halle-Wittenberg), Thomas M.J. Moellers (University of Augsburg), Charlotte M.D.S. Pavillon (University of Groningen), Anders Schafer (Kammeradvokaten/Poul Schmidt, Copenhagen; University of Copenhagen), Amy J. Schmitz (University of Missouri), John Sorabji (Nine St John Street Chambers; University College London), Henrique Sousa Antunes (Catholic University of Portugal), Egidija Tamosiuniene (Court of Appeal of Lithuania; University of Vilnius), Rudiger Veil (Ludwig-Maximilians-Universitat Munich), Maximilian Weiss (TILP Litigation, Kirchentellinsfurt), Tong Zhang (China University of Political Science and Law).
Notwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels. Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gomez Pomar, M. Jozon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. Timmermans
Accessory liability is an often neglected but very important topic across all areas of private law. By providing a principled analytical framework for the law of accessories and identifying common themes and problems that arise in the law, this book provides much-needed clarity. It explains the fundamental concepts that are used to impose liability on accessories, particularly the conduct and mental elements of liability: 'involvement' in the primary wrong and (generally) knowledge. It also sets out in detail the specific rules and principles of liability as these operate in different areas of common law, equity and statute. A comparative study across common law and criminal law jurisdictions, including the United States, also sheds new light on what is and what is not accessory liability.
Lawyers, judges, and scholars have long debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. "Getting Incentives Right" explains how law might better serve the social good.
In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, "Getting Incentives Right" demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.
Avoid legal consequences in your library by knowing copyright law! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan guides you through the process of developing policies to protect you, your library, and your patrons. The book examines the philosophy and regulations behind the laws and guidelines that apply directly to library services, allowing library staff and administration to better understand why these rules are needed. This vital resource offers suggestions and advice to ensure your library can offer the best services to your patrons while staying within the boundaries of the law. With this informative tool, you'll learn more about: copyright basics special allowances, licensing, penalties confidentiality basics state regulations, institutional regulations, records retention policies electronic reserves and electronic delivery of interlibrary loan differences of electronic versus physical, negotiating permissions and database contracts for use and more! Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan shows you where to find works in the public domain and free E-material on the Internet. It also lists several Web sites to help you obtain permission, acquire information on copyrights and electronic reserves, or join a listserv or discussion group on these issues. This book includes a section on current legislative issues that will affect you in the future. To help you plan your course of action, Legal Solutions in Electronic Reserves and the Electronic Delivery of Interlibrary Loan includes the text of several important laws and guidelines, such as: the Copyright Law the Agreement on Guidelines for Classroom Copying in Not-For-Profit Educational Institutions with Respect to Books and Periodicals the CONTU Guidelines on Photocopying under Interlibrary Loan Arrangements the CONFU Fair-Use Guidelines for Electronic Reserve Systems the American Library Association Model Policy Concerning College and University Photocopying for Classroom, Research, and Library Reserve Use (Section on Reserves)
CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.
Key takeaways: *Learn new e-discovery techniques and stay competitive. *Offer clients and customers real service in tackling difficult problems. *Cut-through the overwhelming amount of data. *Give regulators and judicial decision-makers exactly what they want. The second edition of International E-Discovery provides an analysis from across the globe of the different approaches to and cutting-edge techniques in the use of digital evidence in legal and regulatory contexts. Technology specialists and legal practitioners in different jurisdictions come together to explain the latest developments in how digital evidence is collected, interrogated and deployed in response to legal proceedings, regulatory investigations, and in order to comply with organisational requirements. The perennial problem created by the vast volumes of corporate data continues to present a significant challenge around the world whilst at the same time new software is developed and the legal and regulatory systems are more accepting of the involvement of technology in litigation, arbitration and regulatory investigations. Computer science grounded in statistics invades traditional legal knowledge giving rise to new approaches in legal procedure and outcomes. Effectively bringing together the skills and approaches of two very different disciplines is vital to maintaining a system of proportionate justice. Leading practitioners who work at the coal face on a daily basis look at professional competency and conduct, privacy laws, judicial awareness, the skilful deployment of powerful search tools and the shape of the future. In this second edition the reader is brought fully up to date with what works and what has failed and where future investment is likely to be needed. The new edition also contains expanded geographic coverage with more professional tips on getting ahead with best practice on a country by country basis. A must-have addition to the seasoned practitioner's library, a vital read for students and practitioners of the future, and essential background reading for judges and arbitrators, this is both a thought leadership and accessible, practical text that brings together multiple professional disciplines into a single volume.
Restitution is the body of law concerned with taking away gains
that someone has wrongfully obtained. The operator of a Ponzi
scheme takes money from his victims by fraud and then invests it in
stocks that rise in value. Or a company pays a shareholder
excessive dividends or pays them to the wrong person. Or a man
poisons his grandfather and then collects under the grandfather's
will. In each of these cases, one party is unjustly enriched at the
expense of another. And, in each, the law of restitution provides a
way to undo the enrichment and transfer the defendant's gains to a
party with better rights to them. Tort law focuses on the harm, or
costs, that one party wrongfully imposes on another. Restitution is
the mirror image; it corrects gains that one party wrongfully
receives at another's expense. It is an important topic for every
lawyer and for anyone else interested in how the legal system
responds to injustice.
Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
This book includes every Supreme Court case relevant to gender and sexual equality from the Court's beginnings to the end of the 2000/2001 term. It is a primary document reference book, organized topically in eight chapters: civic and social rights and duties; educational policies and instructions; employment and careers; sexual privacy and procreative rights; morality and sexual ethics; family; gender and sexual orientation; and other issues. Every case is included either as a full (edited) version of the majority or per curium opinion, extensive excerpts of the opinion, or a detailed description of the case. Using this single volume, a researcher can see how American legal history on the topic played out in its entirety. Back matter includes a Table of Cases and an extensive bibliography of books and legal periodicals.
This classic casebook has been thoroughly updated for 2020-retaining what has made it a favorite for decades while also remaining current and user-friendly. As ever, it contains lightly-edited cases with extensive explanatory notes, thereby teaching students how to read cases while learning doctrine. Some notes are historical and comparative, giving students a more nuanced understanding than can be obtained from simply studying current law. The book is accessible without sacrificing interest and complexity, providing a sophisticated understanding of civil procedure and the federal system. The book also remains adaptable to courses of different length and emphasis, and teaching the material in the instructor's preferred order. The twelfth edition has been thoroughly updated with extensive new material on personal jurisdiction, multidistrict litigation, the amended discovery rules (with a new exercise), and mandatory arbitration.
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