Die Fallsammlung richtet sich an Studierende, die sich mit den gesetzlichen Schuldverhaltnissen beschaftigen - sowohl an Anfanger als auch an Fortgeschrittene und Examenskandidaten. Anhand von 30 Fallen, die typische Problemstellungen im Bereich des Deliktsrechts, Bereicherungsrechts und des Rechts der Geschaftsfuhrung ohne Auftrag betreffen, wird den Studierenden die Umsetzung des in den Vorlesungen erworbenen abstrakten Wissens in der Anspruchsprufung verdeutlicht. Anspruchsaufbau und Technik der Fallloesung werden ausfuhrlich eroertert. Alle Fallloesungen sind im Gutachtenstil ausgearbeitet und mit Aufbauhinweisen versehen. Die Fallbearbeitungen werden erganzt durch vertiefende Hinweise, die den Studierenden ein Nacharbeiten der einzelnen Problemschwerpunkte erleichtern.

Courts: A Text/Reader, Third Edition, helps you understand the U.S. court system in context, with each brief authored section of the text enhanced by edited research articles that illustrate the questions and controversies in the judicial system today. The articles reflect both classic studies of the criminal court system and state-of-the-art research, and they often have a policy perspective that demonstrates the potential impact research can have on the court system. Designed to enhance understanding, the book includes a helpful "How to Read a Research Article" section before the first reading, as well as article introductions and discussion questions that will capture your interest and help you develop critical thinking skills. New to the Third Edition Ninety percent of the journal articles have been updated and introduce you to important topics, such as the effects of trial judges' sex and race, perceptions of plea bargaining, wrongful convictions, and the sentencing of drug offenders. New "Current Controversy" debates in each chapter highlight contentious issues in the courts, such as public defender caseloads, the impact of social media on criminal trials, and the need for more drug courts. A new "Current Cases" boxed feature elaborates on recent key court decisions and the impact they have had on issues such as defining "effective" counsel, racial bias in sentencing and jury deliberations, and the importance of judicial impartiality. Coverage of critical topics has been expanded throughout to introduce you to important issues, such as specialized courts, bail and pretrial release, the death penalty, and restorative justice. Statistics, graphs, and tables have all been updated to demonstrate the most recent trends in the court system.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.

Bridging law, genetics, and statistics, this book is an authoritative history of the long and tortuous process by which DNA science has been integrated into the American legal system. In a history both scientifically sophisticated and comprehensible to the nonspecialist, David H. Kaye weaves together molecular biology, population genetics, the legal rules of evidence, and theories of statistical reasoning as he describes the struggles between prosecutors and defense counsel over the admissibility of genetic proof of identity. Combining scientific exposition with stories of criminal investigations, scientific and legal hubris, and distortions on all sides, Kaye shows how the adversary system exacerbated divisions among scientists, how lawyers and experts obfuscated some issues and clarified others, how probability and statistics were manipulated and misunderstood, and how the need to convince lay judges influenced the scientific research. Looking to the future, Kaye uses probability theory to clarify legal concepts of relevance and probative value, and describes alternatives to race-based DNA profile frequencies. Essential reading for lawyers, judges, and expert witnesses in DNA cases, "The Double Helix and the Law of Evidence" is an informative and provocative contribution to the interdisciplinary study of law and science.

This book incorporates modern pedagogy principles and active learning. It employs a directed reading approach to flip every class session resulting in higher student readiness and doctrinal understanding. Alternative contextualization, spaced repetition and interleaving are employed in every lesson to facilitate student cognitive schema formation. Active learning exercises result in students reading the rules more carefully and creating deeper and more meaningful context for the rules they are learning than when using traditional, passive casebooks. Formative assessment is continuous and expertly incorporated into the book's structure such that students continuously receive extensive feedback about their learning without any extra labor expenditure on the professor's part. Because active learning at its core, is a constructivist pedagogy that recognizes student learning is achieved through engagement with content rather than hierarchical delivery of information, every chapter in this book and the accompanying directed reading questions are carefully designed discovery sequence exercises that result in deep and efficient understanding of the Federal Rules of Civil Procedure and the cases interpreting those rules in significantly fewer pages than is possible with traditional casebooks. Finally, the book is deliberately designed to be used in both the traditional law school classroom and in the synchronous or asynchronous online setting if the professor chooses to use online instruction rather than traditional face to face instruction methods.

This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of 'Building EU Civil Justice', a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters "Introduction: The Future of Access to Justice - Beyond Science Fiction" and "Constituting a Civil Legal System Called "Just": Law, Money, Power, and Publicity" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.