Explores the challenges of governing in a post-truth world The relationship between truth and politics has rarely seemed more troubled, with misinformation on the rise, and the value of expertise in democratic decision-making increasingly being dismissed. In Truth and Evidence, the latest installment in the NOMOS series, Melissa Schwartzberg and Philip Kitcher bring together a distinguished group of interdisciplinary scholars in political science, law, and philosophy to explore the most pressing questions about the role of truth, evidence, and knowledge in government. In nine timely essays, contributors examine what constitutes political knowledge, who counts as an expert, how we should weigh evidence, and what can be done to address deep disinformation. Together, they address urgent questions such as what facts we require to confront challenges like COVID-19; what it means to #BelieveWomen; and how white supremacy shapes the law of evidence. Essential reading for our fraught political moment, Truth and Evidence considers the importance of truth in the face of widespread efforts to turn it into yet another tool of political power.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

The European lawmaker is currently overseeing what appears to be a paradigm shift in the way that cross-border litigation is conducted within the European Union. This matter was initially conceptualised from the perspective of international judicial cooperation, based on the notion of mutual trust and mutual recognition. Recent developments, however, have introduced the option of harmonisation as a new regulatory approach. The first part of the book is focused on the possible methodological approaches at hand. Special emphasis is placed on the role of the Court of Justice of the European Union as a ''promoter'' of a European Procedural Law (principle of effectiveness and principle of equivalence). The second part assesses to what extend harmonisation is already used: ''vertically'', through the regulations on international judicial cooperation, for example the European Account Preservation Order; and ''horizontally'', through the promotion of harmonised standards promoted by the directives on intellectual property rights and competition damages (access to information and evidence), or in the directive on trade secrets and in the field of data protection (protection of confidential information). With a view to the future, the final part examines two more recent initiatives: ELI-UNIDROIT and the proposal for a directive on common minimum standards of civil procedure in the EU.The Future of the European Law of Civil Procedure: Coordination or Harmonisation? clearly outlines the motivations of the various national and institutional players in the regulation of civil procedural law and identifies potential obstacles likely to be encountered along the way that will be useful for every lawyer in the field.

This work aims to prevent errors during the rental process, to show involved parties how to protect themselves in advance and to explain how a clever defense strategy can be applied if anything does go wrong. This work takes into consideration the tenancy law reform and includes tricks and tips as well as strategies for landlords, legal professionals and attorneys.

Law and Markets examines the interaction between legal rules, market forces and prices. It emphasises the economic effects of legal rules on individual incentives in both market and non-market settings, and draws on cases and materials from a wide variety of legal jurisdictions to illustrate economic principles.

From the preface: "History has dealt the juvenile court (and, more broadly, the juvenile justice system) a cruel blow. What began as a promising social experiment has disappointed nearly everyone... Inevitably, disillusionment has weakened the mandate of the juvenile justice system. Conflicts in philosophy, once held at bay by general enthusiasm for the enterprise, have now surfaced with great urgency. What, in fact, is the purpose of the juvenile justice system? Is it to protect the community from youth crime, or to help children grow up? Is it primarily a court dominated by concerns for justice? Or, is it more fundamentally a social service agency concerned with structuring the environments of children? Is the court an independent institution that stands apart from the community and administers justice in a fair and impartial way? Or, is the court an agent of the community in the sense that it establishes norms of conduct and draws both public and private agencies to the tasks of socializing children?"

From the preface: "The issues around which the juvenile justice system is centered frequently evoke anger and impatience. These emotions arise because the issues are so important and movement concerning the same issues seems nonexistent. The persons who are involved with those same issues, however, elicit respect and, often, affection. The Executive Sessions of the Kennedy School of Government combine the two elements - issues and persons - with the stated goal of advancing fruitful and effective public policy. The Executive Session on the Future of the Juvenile Justice System regularly brought to the same table, over a period of almost two years, persons who understand the issues well, who are professionally and personally invested in certain positions on the issues, and who were willing to engage themselves fully in the exchange of ideas, both theoretical and practical, which an Executive Session demands. This book is one of the products of that process. The editor, who chaired the meetings of the Session, takes certain positions regarding the future of the juvenile justice system and what the system should look like ten years from now." 1

This important new book examines the whole of the pre-trial phase of criminal investigation including the law relating to confessions, the right to silence, the admissibility of evidence obtained during pre-trial investigation and the highly charged issue of improperly obtained evidence. These are subjects which raise constant difficulties for the system of criminal justice in the United Kingdom, and elsewhere. As a consequence, there is much professional and academic interest in the subject.

During the dark years of the Holocaust, many of the millions of labor and concentration camp victims were sustained in their struggle for survival by the hope that their tormentors would not escape retribution. This expectation was reinforced by the warnings issued by the statesmen of the anti-Axis coalition and the declarations of the United States, Great Britain, and the USSR. Shortly after the cessation of hostilities, war crimes trials were indeed initiated in all parts of liberated Europe. Many of the accused were indicted, among other things, for crimes committed against Jews. People's tribunals for the prosecution of war crimes and crimes against humanity were also estab lished in Romania, a country that extricated itself from the Axis Alliance on 23 August 1944. The Romanian people's tribunals were set up and operated under the provi sions of Law No. 312, issued by the Ministry ofJustice on 21 April 1945. One ofthese tribunals was established in Cluj (Kolozsvar) and entrusted primarily with the prosecution of those involved in the violation of the rights of people living in Northern Transylvania, the part of the province that was transferred to Hungary under the terms of the Second Vienna Award (August 1940) and which remained under Hungarian rule from early September 1940 until its liberation by Soviet-Romanian forces in the fall of 1944. The crimes committed against the citizens of Northern Transylvania both within and outside the province were the subject of two major trials."

This book examines two problems in Private law which are posed by the 'good Samaritan': First, do we have a legal duty to give aid to our fellow human beings? In particular: can we be held liable for damages if we fail to do so? Second, if we do come to the rescue, as the good Samaritan did, will we have any claim for the expenses that we incurred, or perhaps even for a reward? Kortmann examines and compares the varied responses of the Roman, French, German, and English legal systems to these problems, providing the first comprehensive treatment of English law in relation to 'liability for nonfeasance' (or 'liability for omissions') and 'negotiorum gestio' (or 'the doctrine of necessity'). In Part I, Kortmann examines English law which draws a distinction between action and inaction, or 'feasance' and 'nonfeasance'. In general, one is not held liable for failing to act. He explores the theoretical justifications for drawing this distinction and reveals through a short comparative survey the fundamentally different approaches taken in France and Germany, concluding that the English rule of no liability for nonfeasance requires a reconsideration. In Part II the English approach to the problem of reimbursement or reward is examined, detailing its profound differences from the Continental European approach. In principle, English law does not grant the necessitous intervener a claim against the beneficiary of his intervention. Kortamnn examines the theoretical justifications for assuming this position and again concludes that the law deserves reconsideration. Finally, Kortmann concludes by demonstrating close interconnections between the two, traditionally independent issues. He argues that the law ought not to introduce a general duty to intervene without at the same time granting the intervener a claim, at the very least for reimbursement of expenses and compensation of any loss suffered in the course of the intervention.

The main rationale of the conventions on international transport law is to limit the liability of the carrier. However, an aspect common to these conventions is that in cases of "wilful misconduct" the carrier is liable without any financial limitation. "Wilful misconduct" denoting a high degree of fault is an established term in English law. The Convention for the Unification of Certain Rules relating to International Carriage by Air (Warsaw Convention) of 1929 was the first international convention on transport law where the term was employed. A definition of "wilful misconduct," which can be found in later conventions regarding carriage of goods and passengers as well, was implemented in the Hague Protocol of 1955, amending the Warsaw Convention. However, the question as to exactly which degree of fault constitutes "wilful misconduct" has to date remained controversial and unanswered. This work seeks to answer this question. To this end, the historical background of the term, together with its function and role in marine insurance law, case law and international transport law, are examined from a comparative perspective.

Now in its fourth edition, the Wieczorek/Schutze legal commentary is a virtual institution in the field of civil procedure. This fourteen-volume guide once again sets the standard for legal reference works. Based on solid legal scholarship, it comprehensively considers practical requirements and needs in relation to civil procedure. The authorial team, which is composed of 33 legal scholars and practitioners - including several new younger members - ensures that the commentary remains true to its rich traditions, but at the same time is up-to-date for current and future needs. In addition to German civil procedure, the commentary addresses relevant supplementary laws in Germany (e.g. EGZPO, GVG, KapMuG, and MediationsG), as well as European and international civil procedure. The commentary also takes into consideration relevant legal changes as well as the newest developments in case law and legal teaching. Here you find an overview of all fourteen volumes. Take a closer look at the extract of volume 12 1067-1109; Internationales Zivilprozessrecht; Rechtsquellen und Materialien.

This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed. The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected. The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.

Written by practitioners for practitioners, this definitive handbook covers all of the main aspects of costs and funding issues encountered in the Scottish Civil Courts. It covers the routes to funding, when expenses may be sought, the court's powers in awarding expenses and provides detail on issues including Success Fee Agreements, Qualified One Way Cost Shifting, Pre-Action Protocols, Pursuers' Offers and Tenders, party Litigants, Amendment, Abandonment, Caution and Simple Procedure. It brings together all of the key legislation, court rules and judgments to provide a user-friendly and quick-reference guide to expenses law and practice.

Alternative Formen der Streitbeilegung etablieren sich zunehmend. In Arzthaftungssachen gehoeren die Verfahren vor den bei den AErztekammern angesiedelten Gutachterkommissionen und Schlichtungsstellen mittlerweile zum Standardrepertoire der Konfliktloesungsmoeglichkeiten. Die Zweckdienlichkeit der Mediation bei Stoerungen im Arzt-Patient-Verhaltnis ist bislang jedoch kaum thematisiert worden und entsprechend wenig geklart. Die vorliegende Schrift stellt sich erstmalig der Aufgabe einer umfassenden Untersuchung. Sie stellt die Konfliktpotentiale dieser besonderen Beziehung eingehend dar und diskutiert die Eignung der Mediation als Konfliktloesungsmoeglichkeit. UEber die reine Streitbeilegung hinaus wird Mediation als Instrument zur gemeinsamen Loesungsfindung eroertert und aufgezeigt, dass sie speziell in ethischen Grenzbereichen Potentiale birgt. Die Arbeit bietet eine eingehende Analyse der Einsatzmoeglichkeiten und der Grenzen von Mediationsverfahren bei den verschiedensten Stoerungen im Arzt-Patient-Verhaltnis.

In the first comprehensive accounting of the US Supreme Court's race-related jurisprudence, a distinguished historian and renowned civil rights lawyer scrutinize a legacy too often blighted by racial injustice. The Supreme Court is usually seen as protector of our liberties: it ended segregation, was a guarantor of fair trials, and safeguarded free speech and the vote. But this narrative derives mostly from a short period, from the 1930s to the early 1970s. Before then, the Court spent a century largely ignoring or suppressing basic rights, while the fifty years since 1970 have witnessed a mostly accelerating retreat from racial justice. From the Cherokee Trail of Tears to Brown v. Board of Education to the dismantling of the Voting Rights Act, historian Orville Vernon Burton and civil rights lawyer Armand Derfner shine a powerful light on the Court's race record-a legacy at times uplifting, but more often distressing and sometimes disgraceful. For nearly a century, the Court ensured that the nineteenth-century Reconstruction Amendments would not truly free and enfranchise African Americans. And the twenty-first century has seen a steady erosion of commitments to enforcing hard-won rights. Justice Deferred is the first book that comprehensively charts the Court's race jurisprudence. Addressing nearly two hundred cases involving America's racial minorities, the authors probe the parties involved, the justices' reasoning, and the impact of individual rulings. We learn of heroes such as Thurgood Marshall; villains, including Roger Taney; and enigmas like Oliver Wendell Holmes and Hugo Black. Much of the fragility of civil rights in America is due to the Supreme Court, but as this sweeping history also reminds us, the justices still have the power to make good on the country's promise of equal rights for all.

Criminal cases are commonly seen as a fight between adversaries of equal strength: the intrusive power of the State versus skilled defence lawyers advocating their clients' cause. The reality, according to this major new study, is rather different. The provision of defence counsel is often rudimentary and unsatisfactory. Based upon one of the largest studies of legal professional practice ever undertaken, involving nearly fifty solicitors' firms, this book offers a critical examination of the practices and organisation of defence lawyers in Britain from the moment of initial contact with clients through to the routine preparation and representation of defendants in both Magistrates' and Crown Courts, the authors show how defence lawyers discharge their obligations to clients. For the first time, this study reveals the role of paralegals and unqualified staff in providing defence assistance, and highlights how their inexperience and assumption of their client's guilt can critically undermine defendants' rights. The deficiencies highlighted by their research leads the authors to question the effectiveness of recent liberal and managerial reforms, with their excessive reliance on market-led considerations. The authors propose a cultural transformation in criminal defence work, a reassertion of the defendants' rights within an adversarial system, and offer constructive suggestions for improving defence services. Extensively researched and documented, this study is a major contribution to current debates about the criminal justice system, and as such will be required reading for all lawyers, scholars and professionals interested in the administration of justice.

Die umfassende Kommentierungbehandelt uber das eigentliche Insolvenzrecht hinaus die Abwicklung und Neugestaltung aller damit verbundenen und betroffenen Rechtsbeziehungen. Ebenso berucksichtigt werden die Rechtsbereiche, auf welche die Insolvenz Auswirkungen hat."

" The authors provide an excellent examination of judicial independence that tends to raise more questions than answers?a fascinating book that raises important questions about a concept that is often used, but that is poorly understood? I would highly recommend this book for all scholars of public law because of its richness of information as well as how the essays call into question the common assumptions about what judicial independence is and how it can be protected" - Law & Politics Book Review

The 11th edition offers a systematic and up-to-date presentation of rental law. Designed for everyday legal practice, the commentary seamlessly analyzes and incorporates legislation, extensive Supreme Court case law, and the legal literature. A focus is placed on residential housing rental, but the rental of commercial real estate and other types of property are also considered.

China has recently entered a significant stage in its economic transition with the introduction of a new and seemingly sophisticated bankruptcy law drawing inspiration from mature insolvency systems. However, this new law is likely to face significant challenges within its implementation due to weaknesses in the countries legal and social infrastructure. China's New Enterprise Bankruptcy Law clearly presents the structure of China's reformed legal bankruptcy system by introducing the framework and analyzing typical cases which have been or are being heard since the new bankruptcy law was operational. Written by Chinese experts with a professional interest and specialist knowledge of insolvency law, this volume serves as an indispensable guide for academics and researchers in the area, as well as practitioners and professionals involved with Chinese business law.

This conference volume on the German-Japanese colloquium a oeTransformations or Erosion of Private Autonomy?a carries the debate on the subject into the area of contract law that is central to economic life.