This book is addressed to practitioners and for the first time, offers a broad comparative overview of current legal provisions regarding employee ownership stakes in Europe.

In dem Handbuch werden alle relevanten Anspruchsgrundlagen und Problemfelder bei schadigendem Verhalten der oeffentlichen Hand (Bund, Lander und Gemeinden mit allen Untergliederungen) verstandlich, umfassend und systematisch dargestellt. Erlautert werden Anspruche aus Amts- und Staatshaftung wie auch aus Enteignung, Aufopferung sowie sonstige Ersatz- und Ausgleichsanspruche. Der Band orientiert sich vorwiegend an der hoechst- und obergerichtlichen Rechtsprechung und liefert Hinweise auf entsprechende Regelungen in Europa und in anderen Landern.

Arbitrators are not bound by other arbitral tribunals' awards. However, they frequently refer to prior decisions. This book explores the de facto precedential effect of arbitral awards. It also addresses the salient issues of arbitral law-making and consistency in international commercial and investment arbitration.

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

In England mediation became a key part of the civil justice reform agenda after the Woolf Reforms of 1996, as disputants were deflected from litigation towards settlement outside the court system. The Civil Procedure Rules (CPR) give courts the power to encourage mediation through judicial case management or use stronger measures by using costs to penalise parties who act unreasonably by refusing to use ADR or mediation. One of the effects of this institutionalisation is an emerging case law that defines how mediation is practiced as it is merges with the litigation process. When mediation first began to be used in England the parties either agreed to mediate by a contract before a dispute happened or decided to attempt the process as a way of resolving disagreements. Inevitably, some disputants either refused to abide by their contractual obligations or would not follow through with the settlement agreements reached through the process. This brought the authority of the law into a new area and the juridification process began.

This book explores how mediation law shapes the practice of mediation in the English jurisdiction. It provides a comprehensive examination of the legal framework for mediation, and explores the jurisprudence in order to analyse the extent that institutionalisation by the state and courts has led to the monopolisation by lawyers and a further juridification process results. The book includes a comparative legal methodology on the framework underpinning mediation practise in other common law jurisdictions, including the United States, Australia, and Hong Kong, in order to explicate shared or distinctive approaches to mediation.

The book will be of great interest to academics and students of legal theory and dispute resolution.

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.

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.

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.

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?"

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."

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

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.

Tracing almost 200 years of history, Explaining Tort and Crime explains the development of tort law and criminal law in England compared with other legal systems. Referencing legal systems from around the globe, it uses innovative comparative and historical methods to identify patterns of legal development, to investigate the English law of fault doctrine across tort and crime, and to chart and explain three procedural interfaces: criminal powers to compensate, timing rules to control parallel actions, and convictions as evidence in later civil cases. Matthew Dyson draws on decades of research to offer an analysis of the field, examining patterns of legal development, visible as motifs in the law of many legal systems.

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.

Fur Geistliche in gerichtlichen Verfahren bestehen gesetzliche Ausnahmeregelungen von der allgemeinen Aussagepflicht. Diese aus der Verbindung zwischen Staat und Kirche hervorgegangene Privilegierung wird hinsichtlich Grundlage und Legitimitat im weltanschaulich neutralen Staat befragt. Wer ist in der modernen katholischen und evangelischen Seelsorgepraxis unter den Begriff "Geistliche" zu subsumieren? Koennen sich nur solche der christlichen Kirchen und oeffentlich-rechtlich korporierten Religionsgemeinschaften auf Zeugnisverweigerungsrechte berufen? Und wem kommen innerhalb der kirchlichen Organisationsstruktur diese Rechte zu, wenn auch Gehilfen und kirchliche Mitarbeiter erfasst werden? Diese Fragen im Spannungsfeld zwischen normativen Voraussetzungen und kirchlichem Selbstbestimmungsrecht versucht die Untersuchung zu beantworten.

" 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.

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.

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.