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Books > Law > Laws of other jurisdictions & general law > Civil law (general works)
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.
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.
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.
The "Law of obligations" from Fikentscher (general and special section in a volume) had already reliably accompanied many generations of law and economics students into their exams. In the 10th edition, Wolfgang Fikentscher and Andreas Heinemann together provide for the first time the revision of the work. The new edition took into consideration particularly the radical changes, which were prompted by the law of obligations reform. The didactic objective of the work still remains to offer a thematically complete and systematic description of the entire law of obligations to students. With this, the work also looks at references to commercial and economic law, which are added by comparative law points of view. With the 10th edition, the standard work on the law of obligations is again updated. It considers legislation, administration of justice and literature up to Spring 2006.
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.
The 1944/45 a oeRulings by the Supreme Court of the German Reich on Civil Casesa (RGZ) was left unfinished due to the war. This collection of rulings, supervised by the members of the Supreme Court and prosecuting attorneys for the Reich up to volume 172, is now brought to a close with volume RGZ 173 which consists of rulings and court orders that the individual courts marked as: a oeready for print!a .
Die Arbeit untersucht die rechtlichen Probleme der so genannten Neugeboreneneuthanasie und der Schwangerschaftsabbruche kranker/geschadigter Foeten im Kontext der medizinischen Praxis und bestehender beziehungsweise fehlender gesetzlicher Regelungen. Dabei wird rechtsvergleichend die Rechtslage in den Niederlanden, OEsterreich und der Schweiz betrachtet. Inhalt der Arbeit ist die Darstellung der Komplexitat der Problembereiche und die Auseinandersetzung mit den verschiedenen (Rechts-)Auffassungen und Loesungsansatzen mit dem Ziel einer Konsensfindung zur einheitlichen konsequenten Handhabung der Problembereiche.
Der Autor befasst sich mit wesentlichen Fragen aus dem Sachverstandigenrecht, dem die gerichtliche und die aussergerichtliche Arbeit des Sachverstandigen zugrunde liegt. Im Rahmen dieser Tatigkeit muss sich der Sachverstandige mit seiner Beauftragung, seiner Honorierung, der Haftung, dem Versicherungsschutz und der Zusammenarbeit mit anderen Kollegen beschaftigen. Hinzu kommt, dass der Sachverstandige sich einwandfrei gegenuber seinen Auftraggebern, den Gerichtsparteien und dem Gericht verhalten muss, will er eine ordnungsgemasse Arbeit abliefern. Dazu soll das Buch wertvolle Hinweise geben.
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.
Based on the author's more than 35 years of experience as a successful expert witness, this revised and expanded edition of Expert Witnessing and Scientific Testimony: A Guidebook demonstrates how to properly present scientific, criminal, and forensic testimony and survive the onslaught of cross-examination in court. It presents material in a step-by-step format for scientists or business professionals who find themselves thrown into the situation of testifying in a legal action. New Features in the Second Edition: Features two new chapters on fraud and medical malpractice testimony Updates and expands the original chapters The book addresses the courtroom experience by illustrating actual cases and experiences in procedure, strategy, cross-examination, and the exposure of personal history. It stresses that the primary role of an expert witness is to clarify and simplify complex technical, scientific, criminal, or forensic issues. Examples of experts with years of experience as witnesses highlight what to do and what not to do in providing quality testimony. Expert Witnessing and Scientific Testimony: A Guidebook, Second Edition is an excellent aid for preparing to give expert testimony. Its real-life examples and practical suggestions to avoid common pitfalls ease your path to testifying in the courtroom. It is a valuable resource in warding off the stresses that accompany a high-pressure and high-value legal situation.
This book examines mediation topics such as impartiality, self-determination and fair outcomes through popular culture lenses. Popular television shows and award-winning films are used as illustrative examples to illuminate under-represented mediation topics such as feelings and expert intuition, conflicts of interest and repeat business, and deception and caucusing. The author also employs research from Australia, Belgium, Canada, China, Denmark, France, Germany, Greece, India, Israel, Japan, the Netherlands, New Zealand, Singapore, South Africa, Spain, the United Kingdom and the United States of America to demonstrate that real and reel mediation may have more in common than we think. How mediation is imagined in popular culture, compared to how professors teach it and how mediators practise it, provides important affective, ethical, legal, personal and pedagogical insights relevant for mediators, lawyers, professors and students, and may even help develop mediator identity.
Diese Arbeit stellt in einzelnen Aufsatzen praxisnahe Anwendungen der oekonomischen Theorie des Rechts dar. Die Aufsatze wurden so gewahlt, dass die Fulle der moeglichen Anwendungen und zugleich ihr unmittelbarer rechtspolitischer Nutzen deutlich werden. So werden Analysen und rechtspolitische Vorschlage zur Zerstoerung der Rauschgiftmarkte, der Struktur von Zivilprozessen, der Kontrolle der Unternehmensverwaltung und deren Vergutung, zur Wahl effizienter Haftungssysteme, der Abschreckung von Straftaten und der Regulierung der Glucksspielindustrie vorgelegt. Im Rahmen von Anwendungen werden auch die Konzepte der mit dem Nobelpreis ausgezeichneten Autoren des Fachgebietes wie Coase, Becker, Stigler, Akerlof, North und Kahneman dargestellt und erlautert. Sie machen die innovative Kraft und die Zukunftsfestigkeit der dargelegten Konzepte deutlich und belegen ihren Nutzen fur die Praxis der Jurisprudenz.
With the introduction of the Rome I Regulation, new legislation has become effective in International Contract Law in Europe and Germany. The latest developments are now commented on in best Staudinger quality and thoroughness. This most extensive commentary on the Rome I Regulation also examines questions of detail such as the choice-of-venue and arbitration agreements that are important for daily practice. In addition, particular consideration is devoted to the latest revisions regarding consumer protection for special areas and compulsory insurance contracts in the Introductory Law to the German Civil Code (EGBGB, Articles 46b and c).
The Ruhr-Akademie fA1/4r EuropAisches Privatrecht is an initiative of the Department of Civil Law, German and European Commercial and Business Law at the Ruhr-UniversitAt Bochum. Its objective is to process European private law for practitioners. The Ruhr-Akademie organises various events, further training, lectures and conferences. The contributions to the events are published in a series by the Ruhr-Akademie: "Practical Booklets on European Private Law."
An attorney and conflict resolution specialist offers you step-by-step guidance to settling your disputes out of court.... Marital, employer/employee, contract...no matter what your dispute, this lucid and witty how-to guide offers you proven strategies and step-by-step guidance to resolving it fairly, equitably, and without the time and expense of a court trial. Packed with real-life examples and anecdotes and written in plain English, Settle It Out of Court is a valuable, entertaining resource for businesspeople, negotiators, and just about anybody involved in a dispute. Advance praise for Settle It Out of Court. "...a timely, insightful, practical, and extraordinarily well-written book on how to achieve fair and dignified resolutions of our disputes. Through real-life experiences, well-told anecdotes, and humor, Mr. Crowley provides a step-by-step guide...which is fun to read, easy to understand, and easy to use." —Keith Hunter Regional Vice President American Arbitration Association "...a real gem. It’s timely, witty, and it’s desperately needed by millions of litigants and their attorneys...should be required reading for every business professional entering into a contract, every parent contemplating divorce, and every supervisor who finds himself or herself sitting opposite an irate employee." —Dr. Peter S. Adler, PhD Managing Director, The Accord Group Former Director of the State of Hawaii Center for Alternative Dispute Resolution "...a rare combination of tremendously useful information conveyed in a simple, witty, readable manner.... For anyone feeling trapped in a dispute, this will be a welcome road map to reaching a fair, fast, and economical resolution while keeping one’s sanity intact." —James K. Hoenig Arbitrator, mediator, attorney, and psychologist
The Wieczorek/Schutze commentary covers German law of Civil Procedure (ZPO). The third edition comprises 13 volumes plus an index volume and includes 12,800 pages of detailed and comprehensive information on the law of civil procedure. Alongside the ZPO and EGZPO (Introductory Law to the Law of Civil Procedure) the international Law of Civil Procedure, including the new 11th book of the ZPO, as well as Judicature Law and its introductory law are covered. Alongside questions of jurisdiction the commentaries particularly consider service in the EU member states of judicial and extrajudicial documents and the European Law of Civil Procedure. The commentary is tailored to meet the demands and requirements of civil law practitioners. The team of authors includes judges, lawyers and professors. Twelve volumes of the third edition have so far been published. The edition will be completed mid-2009.
The ESUG (Law for the Further Facilitation of the Restructuring of Enterprises) has induced a profound change in insolvency law. The rulings of the German Supreme Court (BGH)have had a profound impact onthe dogmatic content of the German Insolvency Act. The book goes on to explain court interpretations (mostly by the Supreme Court) of the provisions of the German Insolvency Law that is still in force.
A comprehensive review of the legal status of minority languages in the USA. It also provides the historical and political context for the legal manoeuvring that culminated in landmark civil rights victories. All of the major cases in the USA concerning language rights are discussed in detail and in a manner that should be easily accessible to the non-legal audience. The topics range from the English-only movement to consumer law, and from employment discrimination to international law.
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.
This is the report of the Inter--Society Working Group on Hearing Disability, which was founded in 1986 and completed its work in 1991. The report proposes a method for the quantification of hearing disability resulting from hearing impairment for the purposes of description and compensation, with particular reference to noise--induced hearing deficit. The book will be of interest to medical specialists concerned with the assessment of hearing disability as well as to legal professionals dealing with compensation claims in this area and to those with an academic interest in disability assessment.
Provides an account of the important rules, practice directions and protocols that make up the Civil Procedure Rules (CPR). This edition provides with a step by step guide to bringing litigation in the civil courts from the requirements for pre-action behaviour to the enforcement of judgments. It is for students of civil procedure at all levels.
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Does private law punish? This collection answers this complex but compelling question. Lawyers from across the spectrum of the law (contract, tort, restitution) explore exactly how it punishes wrong doing. These leading voices ask whether that punishment is effective and what its societal role might be. Taking the discussion out of the technical and into a broader realms of a wider purpose, it is both compelling and thought-provoking. |
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