This book analyses actual and potential normative (whether legislative or contractual) conflicts and complex transnational disputes related to state-controlled enterprises (SCEs) operations and how they are interwoven with the problem of foreign direct investment. Moreover, SCEs also fall within the remit of international political economy, international economics and other SCE-related fields that go beyond purely legal or regulatory matters. In this connection, research on such economic and political determinants of SCE's operations greatly informs and supplements the state of knowledge on how to best regulate cross-border aspects of SCE's and is also be covered in this book. The book also aims to analyse the "SCE phenomenon" which includes a wide panoply of entities that have various structures with different degrees of control by states at the central or regional level, and that critically discuss the above-mentioned overlapping legal economic and political systems which can emerge under various shades of shadows casted by governmental umbrellas (i.e., the control can be exercised through ownership, right to appoint the management, and special-voting-rights). The chapters in this book are grouped, so as to address cross-border investment by and in SCE, into four coherent major parts, namely --- (i) the regulatory framework of state capitalism: laws, treaties, and contracts; (ii) economic and institutional expansion of state capitalism; (iii) the accountability of state capitalism: exploring the forms of liabilities; and (iv) regional and country perspectives. Contributions address the core theme from a broad range of SCE and international economic regulations, including but not limited to competition law, WTO law, investment law, and financial/monetary law. They also cover the new emerging generation of Free Trade Agreements (EU-Vietnam FTA, EU China investment treaty, Regional Comprehensive Economic Partnership; and the coordination between treaty systems). The book is a valuable addition and companion for courses, such as international trade law, international law of foreign investment, transnational law, international and economic development, world politics, law of preferential trade agreements, international economics, and economics of development.

Legal education systems, like legal systems themselves, were framed across Asia without exception according to foreign models. These reflect the vestiges of colonialism, and can be said to amount to imitating the style and purposes of legal education typical in Western and relatively "pure" common law and civilian systems. Today, however, we see Asian legal education coming into its own and beginning to accept responsibility for designing curricula and approaches that fit the region's particular needs. This book explores how conventional "transplanted" approaches as regards program design as well as modes of teaching are, or are on the cusp of being, reimagined and discerns emerging home-grown traces of innovation replacing imitation in countries and universities across East Asia.

The first book of legal advice for the hip hop generation, Covering areas ranging from how to secure the best public defender to what to do when driving DWB, this is a step-by-step guide to the criminal system for those who need it most written by a criminal defense attorney who knows this world from the inside out. A counterpoint to the Law and Order justice the public sees and believes in. This is the real criminal justice system, as told from someone inside, someone fights it ever day. This is not a manual for how to get off, how to be a better criminal. It is proof that the system will eat you up and spit you out if you dare to become involved or think you can beat it. Raw Law authoritatively addresses the legal issues faced by the hip hop generation, and offers a simple guide on how to avoid certain situations and how to learn and respond to others. Here readers will learn the truths and untruths of the justice system and how they can protect themselves from the worst of it. But most of all, they will learn how to follow the first rule of the criminal justice system: AVOID IT AT ALL COSTS.

The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.

Technology has had a prevalent impact on nearly all social domains, one being the judicial system. Advancements such as computer-generated demonstrations and electronic filing can enhance presentations and give a clearer, well-organized case.""E-Justice: Using Information Communication Technologies in the Court System"" presents the most relevant experiences and best practices concerning the use and impact of ICTs in the courtroom. This groundbreaking title draws upon the leading academic and practicing perspectives from around the globe to provide academics and professionals throughout the legal system with the most comprehensive overview of present developments in e-justice.

The Executive Guide to Managing Disputes not only explains why litigation is so costly, but also how to manage disputes sensibly to avoid unnecessary litigation, reduce costs, and improve results. The book shows how ADR (i.e., Alternative Dispute Resolution) can short-cut disputes, and how to use often inexpensive dispute management programs to contain costs and achieve favorable outcomes.

Lauterpacht's influential study uses models drawn from private law for the interpretation and development of international law. Lauterpacht expounds upon this subject with a useful discussion of international arbitration and international tribunals, and refers to numerous cases. Sir Hersch Lauterpacht 1897-1960], one of the greatest scholars of modern international law, was the Whewell Professor of International Law at Cambridge and a judge of the International Court of Justice. The Lauterpacht Centre for International Law at Cambridge University is named in his honor. "Dr. Lauterpacht has made a valuable and scholarly addition to the literature on international law. There has been a good deal of adverse criticism-some of it quite just-on the practice of conducting the argument of a question of international law by pure analogies to civil law. The learned author deprecates the rejection of this mode of reasoning, and develops the thesis that in the great majority of cases its employment has had a beneficial influence on the development of international law. It seems to us that Article 38 (3) of the Statute of the Permanent Court of International Justice, by adopting 'general principles of law recognized by civilized states' as ancillary sources of law for use by the Court, made Dr. Lauterpacht's view not only correct but also inevitable. A book of this kind was bound to come sooner or later, and it is satisfactory that it has been written by one who is an expert." --Percy H. Winfield, Cambridge Law Journal 3 (1927-1929) 322.

This book provides international readers with basic knowledge of Chinese civil procedure and succinct explanations of essential issues, fundamental principles and particular institutions in Chinese civil procedure and the conflict of laws. The book begins with a survey of the Chinese procedural law and an overview of Chinese civil procedure and then focuses on essential aspects of court jurisdiction and trial procedure in civil matters. In view of the traditional importance of alternative dispute resolution in China, mediation (conciliation) and arbitration are also discussed with corresponding comparisons to civil procedure. The book also discusses issues relating to the conflict of laws, i.e. international jurisdiction under the Chinese international civil procedure law, recognition and enforcement of foreign judgments as well as Chinese choice of law rules. Focus is directed toward the Chinese Statute on the Application of Laws to Civil Relationships Involving Foreign Elements of 28 October 2010, which entered into force on 1 April 2011. CHEN Weizuo is Director of the Research Centre for Private International Law and Comparative Law at Tsinghua University's School of Law in Beijing. He has a Doctor of Laws degree from Wuhan University, China; an LL.M. and doctor iuris, Universit t des Saarlandes, Germany; professeur invit la Facult internationale de droit compar de Strasbourg, France (since 2003); professeur invit l'Universit de Strasbourg, France. He has published extensively on the international laws and his publications have appeared both in and outside China. He has taught a special course in French at the Hague Academy of International Law during its 2012 summer session of private international law.

This book explores some of the most glaring misunderstandings about the U.S. Supreme Court-and makes a strong case for why our Supreme Court Justices should not be entrusted with decisions that affect every American citizen. Supreme Myths: Why the Supreme Court is Not a Court and its Justices are Not Judges presents a detailed discussion of the Court's most important and controversial constitutional cases that demonstrates why it doesn't justify being labeled "a court of law." Eric Segall, professor of law at Georgia State University College of Law for two decades, explains why this third branch of the national government is an institution that makes important judgments about fundamental questions based on the Justices' ideological preferences, not the law. A complete understanding of the true nature of the Court's decision-making process is necessary, he argues, before an intelligent debate over who should serve on the Court-and how they should resolve cases-can be held. Addressing front-page areas of constitutional law such as health care, abortion, affirmative action, gun control, and freedom of religion, this book offers a frank description of how the Supreme Court truly operates, a critique of life tenure of its Justices, and a set of proposals aimed at making the Court function more transparently to further the goals of our representative democracy.

Meet Thaddeus Sikorski, a herculean third-generation American, courageous, persevering, and surprisingly steadfast father of this tragic odyssey to love and protect his angel children. After losing his first love, 18-year-old Thad enlist, and goes on to become a Vietnam War combatant, a San Francisco progressive street revolutionary, a graduate business student, an Internet-related technology visionary, husband, and a global business leader. In between entrepreneurial misadventures, he manages to save the life of an American President, struggles with a psychopathy attorney and murderer, discovers the truth about Silicon Valley's justice system, experiences the economic hollowing out brought on by the outsourcing of Silicon Valley technologies, and survives the emotions of remaining true to his love for his children. This extraordinary journey travels through three decades of the American technology and cultural landscape. Author Richard Kusiolek paid much attention to the details of everyday life of an entrepreneur in Silicon Valley. Angels in the Silicon encapsulates the experience of living in Silicon Valley for three decades of rapid technology progress, economic change, and a politically correct progressive judiciary. The novel, "Angels in the Silicon," has a powerful American story to tell. You will learn the naked truth of living in Northern California's Silicon Valley.

The next crisis might be here now, or it might be around the corner. In The Prepared Leader: Emerge from Any Crisis More Resilient Than Before, two history-making experts in crisis leadership-James, dean of The Wharton School of the University of Pennsylvania, and Wooten, president of Simmons University-forcefully argue that the time to prepare is always. In no other time in recent history have leaders in every industry and on every continent grappled with so many changes that have independently and simultaneously undermined their ability to lead. The Prepared Leader encapsulates more than two decades of the authors' research to convey how it has positioned them to navigate through the distinct challenges of today and tomorrow. Their insights have implications for every leader in every industry and every worker at every level. In their fast-reading and actionable book, James and Wooten provide tools and frameworks for addressing and learning from crises, and they provide insight into what you need to know to become a Prepared Leader, including: The five phases of crisis management and the skills you need for each phase. They examine how the National Basketball Association and its commissioner, Adam Silver, responded to the COVID-19 pandemic. Making the right decisions under pressure and how to avoid common mistakes. They reveal how Burger King CEO Jose Cil began planning for the aftermath of a crisis right in the middle of one. Building a crisis leadership team and how to lead one that you've inherited. They detail how Wonya Lucas, CEO and President of the Crown Media Family Networks, aligned and mobilized an executive team during a time of crisis. James and Wooten argue that-in addition to people, profit, and the planet-prepared leadership should be the fourth "P" in a company's bottom line. They bring decades of world-renowned research on crisis leadership, diversity and inclusion, management strategy, and positive leadership to the table to help leaders better prepare themselves to lead through crises-and for whatever lies around the corner.

An authoritative guide designed for Illinois criminal trial attorneys, appellate practitioners, and judges. This book provides an in-depth review of the new Illinois Rules of Evidence along with the authors' commentaries and a compilation of the most recent Illinois decisions, statutes, and Supreme Court Rules. In addition to the new rules, the book addresses complementary Illinois common law evidence rules and provides a thorough constitutional analysis of evidence law. This comprehensive guide explains everything you need to know about the new Illinois Rules of Evidence and their impact on your daily criminal litigation practice. Ralph Ruebner is a Professor of Law and the Associate Dean for Academic Affairs at The John Marshall Law School. He has taught evidence, criminal procedure, and international human rights law. He previously served as the Executive Director of the John Marshall Law School Criminal Justice Clinic and as the Deputy State Appellate Defender in both the First and Second Appellate Districts in Illinois. He is a 1969 graduate of the American University Washington College of Law. Katarina Durcova is a Staff Attorney at the Criminal Division of the Circuit Court of Cook County. She is a 2011 graduate of The John Marshall Law School and was a John Marshall Law School Library Research Fellow. She previously worked as a judicial extern for Justice Margaret O'Mara Frossard (ret.) at the First District of the Illinois Appellate Court and as a summer law clerk in the Pre-Trial Chamber of the International Criminal Tribunal for the former Yugoslavia in the Hague, the Netherlands.

The criminal trial is under attack. Traditional principles have been challenged or eroded; in England and Wales the right to trial by jury has been restricted and rules concerning bad character evidence, double jeopardy and the right to silence have been substantially altered to "rebalance" the system in favour of victims. In the pursuit of security, particularly from terrorism, the right to a fair trial has been denied to some altogether. In fact trials have for a long time been an infrequent occurrence, most criminal convictions being the consequence of a guilty plea. Moreover, while this very public struggle over the future of the criminal trial is conducted, there is also a less publicly observed controversy about the significance of trials in modern society. Trials are under normative attack, their value being doubted by those who seek different kinds of process - conciliatory or restorative - to address the needs of victims and move away from the imposition of state power through trials and punishments. This book seeks to develop a normative theory of the criminal trial as a way of defending the importance of trials in our criminal justice system. The trial, it is suggested, calls defendants to answer a charge and, if they are criminally responsible, to account for their conduct. The trial is seen as a communicative process through which the defendant can challenge claims of wrongdoing made against him, including the norms in the light of which those claims are made. The book develops this communicative theory by first making a careful study of the history of trials, before moving on to outline the theory, which is then developed through chapters looking at the practices and principles of trials, alternative regulatory models, the roles of participants, the relationship between investigation and trial and trials as public fora.

Lawyers involved in international commercial transactions know well that that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as A force majeure A| and A hardship. A| The author shows that the A general principles of law A| approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal codes. Its most important A restatements A| are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and two A soft law A| codifications of international commercial contract law: the UNIDROIT Principles of International Commercial Contracts and the European Principles of Contract Law (PECL).Establishing specific standards and A case groups A| for the exemptions under review, the analysis treats such recurring elements and claims as the following:A { impossibility of performance;A { frustration of contract;A { impracticability;A { interference by the other party;A { contractual risk allocations;A { unforeseeability of an impediment;A { third party responsibility;A { effect of mandatory rules;A { excluded rights;A { threshold tests; andA { irreconcilable differences. The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. In addition, as an insightful investigation into the fundamental question of the borderlines of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

How do judges sentence? In particular, how important is judicial discretion in sentencing? Sentencing guidelines are often said to promote consistency, but is consistency in sentencing achievable or even desirable? Whilst the passing of a sentence is arguably the most public stage of the criminal justice process, there have been few attempts to examine judicial perceptions of, and attitudes towards, the sentencing process. Through interviews with Scottish judges and by presenting a comprehensive review and analysis of recent scholarship on sentencing - including a comparative study of UK, Irish and Commonwealth sentencing jurisprudence - this book explores these issues to present a systematic theory of sentencing. Through an integration of the concept of equity as particularised justice, the Aristotelian concept of phronesis (or 'practical wisdom'), the concept of value pluralism, and the focus of appellate courts throughout the Commonwealth on sentencing by way of 'instinctive synthesis', it is argued that judicial sentencing methodology is best viewed in terms of a phronetic synthesis of the relevant facts and circumstances of the particular case. The author concludes that sentencing is best conceptualised as a form of case-orientated, concrete and intuitive decision making; one that seeks individualisation through judicial recognition of the profoundly contextualised nature of the process.

Women's pathways through the criminal legal system are shaped by a variety of factors, ranging from their demographic backgrounds and life experiences to laws and policies within the jurisdiction in which they enter the system. Women's and Girls' Pathways through the Criminal Legal System: Addressing Trauma, Mental Health, and Marginalization describes these pathways as framed through the lens of two key theoretical perspectives-the feminist pathways perspective and intersectional criminology-as well as two applied approaches to prevention, risk reduction, and intervention-trauma-informed approaches and the sequential intercept model. The theoretical models help readers understand how women become involved in the system and how women and girls of diverse social identities may be differentially impacted by that involvement. The applied approaches provide readers with the knowledge and resources to assist girls and women and decrease engagement with the system. Women's and Girls' Pathways through the Criminal Legal System is part of the Cognella Series on Family and Gender-Based Violence, an interdisciplinary collection of textbooks edited by Claire Renzetti, Ph.D. The titles feature cross-cultural perspectives, cutting-edge strategies and interventions, and timely research on family and gender-based violence.

Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae-choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.