Compiling a liber amicorum is always a difficult exercise. Not only because it is not easy to choose the authors from amongst the many friends of the one being celebrated, but also because it is often difficult to align the theme and style of the contributions offered. While one friend enjoys collecting amusing, but not always very relevant, memories for the reader, the other exhausts himself/herself in an extensive legal-technical argument. While one contributes to a classical and sometimes segmented theme, the other writes a contribution on a niche topic from an already niche area. This tribute avoids the classic pitfalls and contains contributions that are focused on human rights, in all their diversity, but with a strong emphasis on the European Convention on Human Rights. The aim of the book was to meet the highest academic standards, as Paul Lemmens has always embodied them. The well-renowned group of international authors already guarantees that quality. But this work is also, primarily, a Festschrift, with each contribution having a clear link to Paul Lemmens. Many authors make this link explicit, while others do this more implicitly, by dealing with a theme that they know Paul takes to heart. It is obvious that the contributors express great appreciation of Paul Lemmens. The image of Paul as known and appreciated by his friends and colleagues emerges from the collected contributions: that of an excellent and knowledgeable lawyer, but especially that of a warm and committed person. Few people may know that Judge and Professor Lemmens is a big fan of the American rock star Bruce Springsteen. The (sub) title of this book is gratefully derived from one of his albums, Human Touch. Indeed, there is no better way to describe Paul's relationship with human rights than "Human Rights with a Human Touch".

The EU Law Duty of Consistent Interpretation in German, Irish and Dutch Courts considers the case law of the European Court of Justice which makes up the framework for the requirement to interpret national law so far as possible in conformity with EU law directives. It offers an in-depth analysis of the application of this obligation in three Member States: Germany, Ireland and the Netherlands. The key question underlying this examination is to what extent the established theories of supremacy of EU law, national constitutionalism and constitutional pluralism adequately explain the relationship between EU and national law under the duty of consistent interpretation. In order to understand the duty of consistent interpretation and its interaction and/or interference with national interpretative rules, this book includes an outline of the approach to interpretation in a non-EU law context for the three selected Member States. Both the duty of consistent interpretation and national interpretative rules are complex 'creatures' and it can be particularly difficult to disentangle how they interact. The author develops a typology for understanding the different kinds of interaction, mainly, yet not exclusively, by asking under which circumstances it can be said that there exists a 'conflict of interpretative rules'. The book also offers valuable lessons by discussing numerous judgments, highlighting the mutual responsiveness of the duty of consistent interpretation and national interpretative rules, as well as the reconciliatory attitude of national courts. Since the fit between consistent interpretation and theories on the relationship between EU and national law is examined, this book also investigates the explanatory value of those theories beyond the context in which they were primarily developed and/or discussed, thereby contributing to an enriched understanding of those theories. The book is also of added value for practitioners as it discusses in detail how the duty of consistent interpretation is applied before the courts.

A controversial argument for reconsidering the limits of free speech Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis? In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech. Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently. As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.

Security and law against the backdrop of technological development.Few people doubt the importance of the security of a state, its society and its organizations, institutions and individuals, as an unconditional basis for personal and societal flourishing. Equally, few people would deny being concerned by the often occurring conflicts between security and other values and fundamental freedoms and rights, such as individual autonomy or privacy for example. While the search for a balance between these public values is far from new, ICT and data-driven technologies have undoubtedly given it a new impulse. These technologies have a complicated and multifarious relationship with security.This book combines theoretical discussions of the concepts at stake and case studies following the relevant developments of ICT and data-driven technologies. Part I sets the scene by considering definitions of security. Part II questions whether and, if so, to what extent the law has been able to regulate the use of ICT and datadriven technologies as a means to maintain, protect or raise security, in search of a balance between security and other public values, such as privacy and equality. Part III investigates the regulatory means that can be leveraged by the law-maker in attempts to secure products, organizations or entities in a technological and multiactor environment. Lastly, Part IV, discusses typical international and national aspects of ICT, security and the law.

Practical Guide to Evidence provides a clear and readable account of the law of evidence, acknowledging the importance of arguments about facts and principles as well as rules. This fifth edition has been revised and updated to address recent changes in the law and debates on controversial topics such as surveillance and human rights. Coverage of expert evidence has also been expanded to include forensic evidence, bringing the text right up-to-date. Including enhanced pedagogical support such as chapter summaries, further reading advice and self-test exercises, this leading textbook can be used on both undergraduate and professional courses.

Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus. Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work. Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include: case study documentation to support the fictional scenarios referred to in the book; additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment; annotated forms; appendix (links to key Court forms); litigation train timeline to help students put the litigation process in context; podcasts; weblinks; additional case study materials for lecturers, including suggested answers to case study questions; video clips; and a test bank of over 50 multiple choice questions.

The formative commentary on the new Civil Code vested with the authority of the code s authors. PD Dr. Jan Thiessen"

- A unique guide, based on several decades' successful experience pursuing claims for fresh produce importers and exporters. - Provides lawyers with detailed insight into what they need from their clients in order to progress their claims. - Enables underwriters to better envisage their clients' risks when drafting policy cover and considering subsequent recoveries following claim settlements. - A detailed guide for shippers and Importers to enable them to both best protect their Interests when suffering losses and to best position themselves for successful claims.

Combining analysis of the EU's recent moves towards harmonization of civil procedure and execution of judgments with a comparative survey of existing arrangements for enforcement in representative European jurisdictions (England, Germany, France, Sweden, Spain), this book will be of interest both to academics and to litigation specialists in practice. Topics covered include: structural differences between systems; availability of information about judgment debtors; provisional and protective measures; service of documents; procedure for exequatur; garnishment; and non-money judgments.

Jill Elaine Hasday's Intimate Lies and the Law won the Scribes Book Award from the American Society of Legal Writers "for the best work of legal scholarship published during the previous year" and the Foreword INDIES Book of the Year Award for Family and Relationships. Intimacy and deception are often entangled. People deceive to lure someone into a relationship or to keep her there, to drain an intimate's bank account or to use her to acquire government benefits, to control an intimate or to resist domination, or to capture myriad other advantages. No subject is immune from deception in dating, sex, marriage, and family life. Intimates can lie or otherwise intentionally mislead each other about anything and everything. Suppose you discover that an intimate has deceived you and inflicted severe-even life-altering-financial, physical, or emotional harm. After the initial shock and sadness, you might wonder whether the law will help you secure redress. But the legal system refuses to help most people deceived within an intimate relationship. Courts and legislatures have shielded this persistent and pervasive source of injury, routinely denying deceived intimates access to the remedies that are available for deceit in other contexts. Intimate Lies and the Law is the first book that systematically examines deception in intimate relationships and uncovers the hidden body of law governing this duplicity. Hasday argues that the law has placed too much emphasis on protecting intimate deceivers and too little importance on helping the people they deceive. The law can and should do more to recognize, prevent, and redress the injuries that intimate deception can inflict.

The formative commentary on the new Civil Code vested with the authority of the code s authors. PD Dr. Jan Thiessen"

The formative commentary on the new Civil Code vested with the authority of the code s authors. PD Dr. Jan Thiessen"

Mit dieser Entscheidungssammlung wird die Rechtsprechung der beteiligten Landesverfassungsgerichte ubersichtlich und geschlossen zuganglich gemacht. In den Entscheidungen der Landesverfassungsgerichte spiegelt sich das Wechselspiel zwischen Grundgesetz und bundesrechtlicher Ordnung auf der einen und Landerverfassungen auf der anderen Seite wider. Sie dokumentieren einen wesentlichen Aspekt des deutschen Foederalismus.