Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role_and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of 'Warren era' law and the ways in which his character and background influenced his role as Chief Justice.

Earl Warren and the Warren Court comprises essays written by leading experts from the fields of law, history, and social science on the most important areas of the Warren Court's contributions in American law. In addition, Scheiber includes appraisals of the Warren Court's influence abroad, written by authorities of legal development in Europe, Latin America, Canada, and East Asia. This book offers a unique set of analyses that portray how innovations in American law generated by the Warren Court led to a reconsideration of law and the judicial role-and in many areas of the world, to transformations in judicial procedure and the advancement of substantive human rights. Also explored within these pages are the personal role of Earl Warren in the shaping of "Warren era" law and the ways in which his character and background influenced his role as Chief Justice.

Key Cases has been specifically written for students studying law. It is an essential revision tool to be used alone or with the partner Key Facts book in order to ensure a thorough knowledge of core cases for any given law topic. Understanding essential and leading cases fully is a vital part of the study of law - the format, style and explanations of Key Cases will ensure you have this understanding. The series is written and edited by an expert team of authors whose experience means they know exactly what is required in a revision aid. They include lecturers and barristers, who have brought their expertise and knowledge to the series to make it user-friendly and accessible. Key features include: essential and leading cases explained; user-friendly layout and style; cases broken down into key components by use of clear symbol system; pocket-sized and easily portable; highly-regarded authors and editors.

Many critics attack federal judges as anti-democratic elitists, activists out of step with the mainstream of American thought. But others argue that judges should stand alone as the ultimate guardians of American values, placing principle before the views of the people. In The Most Democratic Branch, Jeffrey Rosen disagrees with both assertions. Contrary to what interest groups may claim, he contends that, from the days of John Marshall right up to the present, the federal courts by and large have reflected the opinions of the mainstream. More important, he argues that the Supreme Court is most successful when it defers to the constitutional views of the American people, as represented most notably by Congress and the Presidency. And on the rare occasion when they departed from the consensus, the result has often been a disaster. To illustrate, Rosen provides a penetrating look at some of the most important Supreme Court cases in American history-cases involving racial equality, affirmative action, abortion, gay rights and gay marriage, the right to die, electoral disputes, and civil liberties in wartime. Rosen shows that the most notorious constitutional decisions in American history-the ones that have been most strenuously criticized, such as Dred Scott or Roe v. Wade-have gone against mainstream opinion. By contrast, the most successful decisions-from Marbury v. Madison to Brown v. Board of Education-have avoided imposing constitutional principles over the wishes of the people. Rosen concludes that the judiciary works best when it identifies the constitutional principles accepted by a majority of Americans, and enforces them unequivocally as fundamental law. Jeffrey Rosen is one of the most respected legal experts writing today, a regular contributor to The New York Times Magazine and the Legal Affairs Editor of The New Republic. The provocative arguments that he puts forth here are bound to fuel heated debate at a time when the federal judiciary is already the focus of fierce criticism.

In a world awash in "fake news," where public figures make unfounded assertions as a matter of course, a preeminent legal theorist ranges across the courtroom, the scientific laboratory, and the insights of philosophers to explore the nature of evidence and show how it is credibly established. In the age of fake news, trust and truth are hard to come by. Blatantly and shamelessly, public figures deceive us by abusing what sounds like evidence. Preeminent legal theorist Frederick Schauer proposes correctives, drawing on centuries of inquiry into the nature of evidence. Evidence is the basis of how we know what we think we know, but evidence is no simple thing. Evidence that counts in, say, the policymaking context is different from evidence that stands up in court. Law, science, historical scholarship, public and private decisionmaking-all rely on different standards of evidence. Exploring diverse terrain including vaccine and food safety, election-fraud claims, the January 2021 events at the US Capitol, the reliability of experts and eyewitnesses, climate science, art authentication, and even astrology, The Proof develops fresh insights into the challenge of reaching the truth. Schauer combines perspectives from law, statistics, psychology, and the philosophy of science to evaluate how evidence should function in and out of court. He argues that evidence comes in degrees. Weak evidence is still some evidence. The absence of evidence is not evidence of absence, but prolonged, fruitless efforts to substantiate a claim can go some distance in proving a negative. And evidence insufficient to lock someone up for a crime may be good enough to keep them out of jail. This book explains how to reason more effectively in everyday life, shows why people often reason poorly, and takes evidence as a pervasive problem, not just a matter of legal rules.

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).

Giulia Parola s Environmental Democracy at the Global Level: Rights and Duties for a New Citizenship can be seen as a manifesto that is both traditional and revolutionary at the same time. It calls for the construction of a new civilisation centred on the environment, while drawing on the traditional notions of democratic government. It adopts an approach that is focused on the power of individuals rather than governments, as ways to protect and improve the environment. It proposes that environmental rights and ecological duties are self-evident and inalienable, and should be treated as the cornerstones of a new democracy. Parola s book is a thought provoking and intriguing work that will be of interest to scholars of environmental studies as well as to legal practitioners and non-specialists.Giulia Parola has studied Environmental Law at the University of Torino, at the University of Rene Descartes in Paris, (where she obtained PhD in Public Law) and at the University of Iceland ( LLM in Natural Resources Law and International Environmental Law).In 2011, she was appointed by the University of Laval (Canada, Quebec) as a researcher and a lecturer in Environmental Law.

Past research and literature suggest that legal institutions drive economic development. Yet China has grown for decades without the fundamental legal infrastructure that was once considered necessary. This is called the 'China puzzle' or the 'China myth'. By carefully comparing the four key branches of private law in China and Taiwan - a jurisdiction that grew with modest legal institutions and shares similar legal and non-legal culture - this collaborative and novel book demystifies the 'China puzzle'. Top scholars in the field use an economics-focused analytical approach to explain how and why the laws have taken such paths over the past four decades. Comparing property, contract, tort, and corporate laws in China and Taiwan, these authors delve deeply into key doctrines to provide a meaningful account of the evolution of private law in these two jurisdictions.

This book is a practical guide to practice and procedure in courts and tribunals. It is aimed at the recently qualified practitioner, pupil barristers, trainee solicitors, or lawyers unversed in advocacy and procedure.

It provides a guide to applications in most areas of the law, with brief discussions of the relevant law, rules of procedure and practical tips. The applications covered are those which practitioners are likely to encounter in their first years of practice. In addition, each chapter attempts to anticipate likely pitfalls, with suggested solutions. The court system and techniques of advocacy are also covered.

This is not a legal textbook, and provides no substitute for legal research. It is designed to be starting point for advocates faced with an unfamiliar task.

This book will address collateral legal consideration that may affect emergency service organizations. Its primary focus is on the relationship between the emergency service employee and the organisation. With the deterioration of "At Will" employment doctrine by Congress and courts, emerging new technologies, and the dwindling number of "unionized shops", emergency service organizations face the potential of increased litigation under new and novel theories in areas which were not even fathomed by emergency service organizations twenty years ago.
Written by a lawyer for non-lawyers, the book is not consumed with the basic legalese that most books of this kind are. It seeks to inform the user of his or her rights under the law in a clear and comprehensive way. Legal Liabilities in EMS will cover topics such as workers compensation, negligence issues, employment discrimination, Family and Medical Leave Act, EMS and privacy in the workplace. To provide extra guidance the text also provides cases exemplifying the issue and an appendix of websites that can provide further information.

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.

Arbitration is the dominant method in the world for resolving international commercial disputes. As compared with institutional arbitration, ad hoc arbitration has many advantages that make it a preferred way to resolve commercial disputes on many occasions.

This book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.

Litigation and alleged cases of educational malpractice are on the rise. Headteachers and governors are more aware of legal requirements, but this new book addresses the needs of teachers. The book introduces a framework for safe practice, then the 'high risk' subjects of Science, ICT, Design and Technology, and PE and outdoor activities in separate chapters. The implications for classroom practice of recent legal developments are examined, and three more chapters look at what can be expected in the process of litigation. Sound advice for those wishing to make schools safer, and useful guidance for those having to deal with the aftermath of a safety problem.

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

In 1984, Billie Dziech co-wrote "The Lecherous Professor," one of the first books to articulate the problem of sexual harassment on college campuses. Since that time a number of books exploring the issues, cases, and laws have moved the topic into the public eye. This work, the brainchild of a lawyer and an academic, reflects on some of the more controversial and overlooked aspects of sexual harassment and its litigation and law.
Chapters cover the legal and regulatory evolution of the issue and its context in higher education at the end of the 20th century; the importance of having colleges approach policy making and harassment by analyzing their own environment; an examination of the treatment of women experiencing harassment, with special focus on women who appear unscathed by it; the situation of the male on campus and the problem of non-meritorious cases; the most familiar myths of consensual relationships and the role of bans in dealing with them; and the contention that the sexual harassment issue has exposed higher education's excesses and contradictions.

This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in-between labor, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policy makers. Contributors include: C. Chwaszcza, H. Collins, K.J. Cseres, A. Dyevre, P. Letto-Vanamo, U. Mattei, H.-W. Micklitz, M.-A. Moreau, E.-U. Petersmann, H. Rosler, W. Sadurski, B. Schuller, R. Sefton-Green, A. Somma, C. Torp, C. Willett

This is a major study of the definition and effects of 'Modernization' on 20th century Arab societies. Focus is on the codification and implementation of legal change in the post-1945 era of nation building and the patterns of reform that have emerged since the 1960's.

This book furnishes a quick and clear exposition of the statutory and regulatory responsibilities of those participating in the sale, processing, and transportation of cargo shipped from the United States. It analyzes in detail the duties imposed by the Shipping Act of 1984 on those engaged in U.S. oceanborne trade.Vessel operators can learn about their agreement filing obligations, the scope of their tariffs, what practices are prohibited, the statutory protection in place against abuses by foreign countries, and the numerous governing regulations with which they must comply. Shippers will be informed about their legal obligations for freight charges, carrier services due them, how to obtain a refund or form a shipper's association, and their responsibilities under a shippers' credit agreement. For marine terminal operators, the book spells out the extent of the Federal Maritime Commission's jurisdiction, tariff filing requirements, authorized charges, and their areas of liability. Non-vessel-operating common carriers by water can ascertain which provisions of the 1984 Act govern their conduct, and how they can comply with the bonding requirement and co-loading rules.

In this revised and updated edition of a classic text, one of America's leading constitutional theorists presents a brief but well-balanced history of judicial review and summarizes the arguments both for and against judicial activism within the context of American democracy. Christopher Wolfe demonstrates how modern courts have used their power to create new "rights" with fateful political consequences and he challenges popular opinions held by many contemporary legal scholars. This is important reading for anyone interested in the role of the judiciary within American politics. Praise for the first edition of Judicial Activism: "This is a splendid contribution to the literature, integrating for the first time between two covers an extensive debate, honestly and dispassionately presented, on the role of courts in American policy. --Stanley C. Brubaker, Colgate University

A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.

A cross-cultural analysis of the abortion issue in the United States and Canada. The book focuses on: the judicial, legislative and executive branches; public opinion and interest groups; federal agencies; and the roles of subnational authorities and the health care sectors.

This book deals with the interconnection between the Brussels I Recast and Rome I Regulations and addresses the question of uniform interpretation. A consistent understanding of scope and provisions is suggested by the preamble of the Rome I Regulation. Without doubt, it is fair to presume that the same terms bear the same meaning throughout the Regulations. The author takes a closer look at the Regulations' systems, guiding principles, and their balance of flexibility and legal certainty. He starts from the premise that such analysis should prove particularly rewarding as both legal acts have their specific DNA: The Brussels I Recast Regulation has a procedural focus when it governs the allocation of jurisdiction and the free circulation of judgments. The multilateral rules under the Rome I Regulation, by contrast, are animated by conflict of laws methods and focus on the delimitation of legal systems. This fourth volume in the Short Studies in Private International Law Series is primarily aimed at legal academics in private international law and advanced students. But it should also prove an intriguing read for legal practitioners in international litigation. Christoph Schmon is a legal expert in the fields of Private International Law, Consumer Law, and Digital Rights. After serving in research positions at academic institutes in Vienna and London, he focused on EU policy and law making. He is appointed expert of advisory groups to the EU Commission.

This book uniquely focuses on the role of family law in transnational marriages. The author demonstrates how family law is of critical importance in understanding transnational family life. Based on extensive field research in Morocco, Egypt and the Netherlands, the book examines how, during marriage and divorce, transnational families deal with the interactions of two different legal systems. Sportel studies the interactions of European and Islamic family law, addressing its interconnections with migration and everyday life, within the context of highly politicised debates on gender, Islam, migration and the family. The book will be of interest to scholars and students of family sociology, migration and diaspora studies, transnational families, family law, and sociology of law.

Since her appointment as the first woman to sit on the U.S. Supreme Court, Justice Sandra Day O'Connor has had a major, but largely unrecognized, influence on the collective jurisprudence of the Burger and Rehnquist Courts. In this comprehensive and systematic analysis of O'Connor's judicial contributions, Nancy Maveety describes how O'Connor has used accommodationist decision-making strategies to make substantive contributions to the development of both constitutional law and the Court's norms of collegiality. Skeptical of interpretations that seek to impose feminist conventions on O'Connor's judicial behavior, this account combines biographical data with an analytical discussion of O'Connor's crucial decisions. This is important reading for anyone interested in the Supreme Court and contemporary jurisprudence.