Garbus (a First Amendment lawyer who has appeared before the Supreme Court) provides a portrait of the present and likely future politics of the Supreme Court under Chief Justice Roberts and the picture that emerges is not particularly pretty for those concerned about such matters as the concentration of power in the hands of the executive, the und

John Sorabji examines the theoretical underpinnings of the Woolf and Jackson reforms to the English and Welsh civil justice system. He discusses how the Woolf reforms attempted, and failed, to effect a revolutionary change to the theory of justice that informed how the system operated. It elucidates the nature of those reforms, which through introducing proportionality via an explicit overriding objective into the Civil Procedure Rules, downgraded the court's historic commitment to achieving substantive justice or justice on the merits. In doing so, Woolf's new theory is compared with one developed by Bentham, while also exploring why a similarly fundamental reform carried out in the 1870s succeeded where Woolf's failed. It finally proposes an approach that could be taken by the courts following implementation of the Jackson reforms to ensure that they succeed in their aim of reducing litigation cost through properly implementing Woolf's new theory of justice.

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.

In 1986, with contractors stealing an estimated 10 percent of the total federal budget by fraud, Congress passed a newly strengthened anticorruption law. Ordinary citizens could file lawsuits on behalf of the government to recover money stolen from the public treasury, and they would share in the result. In the years since, the False Claims Act has emerged as one of the nation's most potent weapons against corporate greed. Giantkillers is the story of that law: why it was needed, how it works, who brought it back to life, how it has survived the many attempts to kill it, and what it has accomplished. Charged with intrigue and courtroom drama, Giantkillers describes how an unlikely team-a conservative senator, a liberal congressman, and a crusading public interest attorney-revitalized one of America's oldest public interest laws that was gutted by lobbyists and almost forgotten. Recounting the battles for justice with a novelist's eye for their human drama, Scammell tells how the trailblazing firm of Phillips and Cohen gave the law back its teeth and made triumphant heroes out of those previously scorned as "whistle-blowers."

"A modern conservative classic." - Sean Hannity "Men in Black couldn't be more timely or important....a tremendously important and compelling book." - Rush Limbaugh "One of the finest books on the Constitution and the judiciary I've read in a long time....There is no better source for understanding and grasping the seriousness of this issue." - Edwin Meese III "The Supreme Court has broken through the firewalls constructed by the framers to limit judicial power." "America's founding fathers had a clear and profound vision for what they wanted our federal government to be," says constitutional scholar Mark R. Levin in his explosive book, Men in Black. "But today, our out-of-control Supreme Court imperiously strikes down laws and imposes new ones to suit its own liberal whims--robbing us of our basic freedoms and the values on which our country was founded." In Men in Black: How the Supreme Court Is Destroying America, Levin exposes countless examples of outrageous Supreme Court abuses, from promoting racism in college admissions, expelling God and religion from the public square, forcing states to confer benefits on illegal aliens, and endorsing economic socialism to upholding partial-birth abortion, restraining political speech, and anointing terrorists with rights. Levin writes: "Barely one hundred justices have served on the United States Supreme Court. They're unelected, they're virtually unaccountable, they're largely unknown to most Americans, and they serve for life...in many ways the justices are more powerful than members of Congress and the president.... As few as five justices can and do dictate economic, cultural, criminal, and security policy for the entire nation." In Men in Black, you will learn: How the Supreme Court protects virtual child pornography and flag burning as forms of free speech but denies teenagers the right to hear an invocation mentioning God at a high school graduation ceremony because it might be "coercive." How a former Klansman and virulently anti-Catholic Supreme Court justice inserted the words "wall of separation" between church and state in a 1947 Supreme Court decision--a phrase repeated today by those who claim to stand for civil liberty. How Justice Harry Blackmun, a one-time conservative appointee and the author of Roe v. Wade, was influenced by fan mail much like an entertainer or politician, which helped him to evolve into an ardent activist for gay rights and against the death penalty. How the Supreme Court has dictated that illegal aliens have a constitutional right to attend public schools, and that other immigrants qualify for welfare benefits, tuition assistance, and even civil service jobs.

Nearly all major global financial centres have developed systems of consumer financial dispute resolution. Such systems aim to assist parties to resolve a growing number of monetary disputes with financial institutions. How governments and self-regulatory organizations design and administer financial dispute resolution mechanisms in the context of increasingly turbulent financial markets is a new area for research and practice. Consumer Financial Dispute Resolution in a Comparative Context presents comparative research about the development and design of these mechanisms in East Asia, North America and Europe. Using a comparative methodology and drawing on empirical findings from a multi-jurisdictional survey, Shahla F. Ali examines the emergence of global principles that influence the design of financial dispute resolution models, considers the structural variations between the ombuds and arbitration systems, and offers practical proposals for reform.

This book examines how local cultures affect the interpretation of international human rights law. This book explores the Islamic legal system in its approach to the concept of guardianship and, more specifically, the approach of the Libyan legal system through a study of existing legislation and Libyan High Court (LHC) interpretation as revealed in its decisions. This book aims to show how the cultural background affects the interpretation of international human rights in domestic legal systems. This book makes a worthy contribution to promoting greater understanding of the cultural dimensions in operation in both the formulation and particularly the application of international law in Libya as elsewhere. This is an area of research which is, as a whole, one worthy of further development and examination. The book includes case analysis of important Libyan High Court rulings which have been gathered by the author and officially translated, analysed, and discussed from the three lenses namely; Libyan Law, Islamic Law, and International Law. In turn, this book is the first of its kind and unique in the field of Islamic and International Law. This book also includes detailed analysis of the correspondence between the Libyan High Court and the UN Committee on the Rights of the Child. Further, this book provides solutions and comprehensive and practical recommendations that satisfy both International standards and local Islamic and Libyan culture. This is an ever evolving and a current area of interest internationally, this unique book enriches the field and continues the conversation and provides practical sustainable solutions.

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 comprehensive "bible" for financial experts providing litigation support The Litigation Services Handbook is the definitive guide for financial experts engaged in litigation services. Attorneys require financial experts now more than ever, and this book provides the guidance you need to provide a high level of service as witness and consultant. Enhance your litigation skills as you delve into the fine points of trial preparation, deposition, and testimony; project authority under examination, and hold up to tough questions under cross-examination. Fraud investigations are a major component of litigation support services, and this book delves deep into Sarbanes-Oxley compliance and other relevant topics to give you a foundational understanding of how these cases are prosecuted, and your role as the financial services expert. This updated sixth edition includes new coverage of technology's role in the financial expert's practice, and the focus on investigations provides practical insight from leading experts in the field. From the process itself to proving damages, this indispensable reference covers all aspects of litigation services. Providing litigation support requires more than just your financial expertise; you also need a working knowledge of relevant case law, and a deep understanding of both the litigation process and the finer points of courtroom appearances. This book provides the insight and perspective you need to provide superior service to attorneys and their clients. * Understand your role in trial preparation and testimony presentation * Provide authoritative responses to direct and cross examination * Examine and analyze Sarbanes-Oxley rulings * Lend financial expertise to fraud investigations The growing demand for financial expert litigation services has created a niche market for CPAs, creating a lucrative opportunity for qualified accountants who also possess the specialized knowledge the role requires. The Litigation Services Handbook is THE essential guide for anyone involved in financial litigation.

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.

This book provides a comprehensive, global exploration of the scale, scope, threats, and drivers of wildlife trafficking from a criminological perspective. Building on the first edition, it takes into account the significant changes in the international context surrounding these issues since 2013. It provides new examples, updated statistics, and discusses the potential changes arising as a result of COVID-19 and the IPBES 2019 report. It also discusses the shift in trafficking 'hotspots' and the recent projects that have challenged responses to wildlife trafficking. It undertakes a distinctive exploration of who the victims and offenders of wildlife trafficking are as well as analysing the stakeholders who are involved in collaborative efforts to end this devastating green crime. It unpacks the security implications of wildlife trade and trafficking and possible responses and ways to combat it. It provides useful and timely information for social and environmental/life scientists, law enforcement, NGOs, and policy makers.

By canvassing a range of international scientific disputes, including the EC-Biotech and EC-Hormones disputes in the WTO, the Case concerning Pulp Mills and the Gabcikovo Nagymaros case in the International Court of Justice, and the Mox Plant and Land Reclamation cases dealt with under the United Nations Convention on the Law of the Sea, Caroline Foster examines how the precautionary principle can be accommodated within the rules about proof and evidence and advises on the boundary emerging between the roles of experts and tribunals. A new form of reassessment proceedings for use in exceptional cases is proposed. Breaking new ground, this book seeks to advance international adjudicatory practice by contextualizing developments in the taking of expert evidence and analyzing the justification of and potential techniques for a precautionary reversal of the burden of proof, as well as methods for dealing with important scientific discoveries subsequent to judgments and awards."

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 complete text of the historic complaint by a coalition of some 25 local, state and national women's environmental and other civil society organizations to the California Attorney General to revoke the corporate charter of Union Oil Company of California (UNOCAL). The foreword by Ronnie Dugger, Chair of the Alliance for Democracy, and introduction by author Robert W. Benson, Professor of Law at the Loyola Law School in Los Angeles, seek to place charter revocation in the broader context of the struggle for democratic control of giant corporations. The introduction also provides concrete suggestions on challenging corporate rule in other states. A practical guide to citizen action against corporations, and must reading for all who cherish the democratic ideals on which this country was founded and who are prepared to join the struggle for their realization.

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.

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.

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.

Benjamin F. Shambaugh Award, Honorable Mention The tension between free speech and social stability has been a central concern throughout American history. In the 1960s that concern reached a fever pitch with the anti-Vietnam War movement. When anti-war sentiment "invaded" American schools, official resolve to retain order in the classroom vied with the rights of students to speak freely. A key event in that face-off was the Supreme Court decision in Tinker v. Des Moines. In 1965, five public school students in Des Moines-including John Tinker, a Methodist minister's son--protested the Vietnam War by wearing black armbands in defiance of school policy. Suspended on disciplinary grounds that were upheld in federal court, the students took their case to the Supreme Court, arguing that they had been denied their right of freedom of expression under the First Amendment. Ruling in their favor, the Court determined that armbands did not constitute a sufficient reason to abridge free speech--a decision which helped provide a legal foundation for subsequent anti-war protests. John Johnson now offers a detailed account of Tinker that captures the personal struggle of the litigants and places this seminal constitutional controversy in the legal and historical context of the 1960s. In this highly readable book, he shows that the case is important for its divergent perspectives on the limits of free speech and explains how the majority and dissenting Court opinions mirrored contemporary attitudes toward the permissible limits of public protest. As the most important student rights case ever to reach the Supreme Court, Tinker raises important issues regarding First Amendment freedoms and is a strong precedent for both the rights of public school students and legitimate civil disobedience. The Struggle for Student Rights contains previously unpublished information and insights on this well-known case and provides a fascinating legal window on a turbulent era. With federal and state courts now considering the limits of speech and symbolic expressions in our schools, it makes a significant contribution to understanding the principles that are at stake.

For many Americans, the birth certificate is a mundane piece of paper, unearthed from deep storage when applying for a driver's license, verifying information for new employers, or claiming state and federal benefits. Yet as Donald Trump and his fellow "birthers" reminded us when they claimed that Barack Obama wasn't an American citizen, it plays a central role in determining identity and citizenship. In The Birth Certificate: An American History, award-winning historian Susan J. Pearson traces the document's two-hundred-year history to explain when, how, and why birth certificates came to matter so much in the United States. Deftly weaving together social, political, and legal history, The Birth Certificate is a fascinating biography of a piece of paper that grounds our understanding of how those who live in the United States are considered Americans.