Friendship is one of our most important social institutions. It is the not only the salve for personal loneliness and isolation; it is the glue that binds society together. Yet for a host of reasons--longer hours at work, the Internet, suburban sprawl--many have argued that friendship is on the decline in contemporary America. In social surveys, researchers have found that Americans on average have fewer friends today than in times past.
In Friend v. Friend, Ethan J. Leib takes stock of this most ancient of social institutions and its ongoing transformations, and contends that it could benefit from better and more sensitive public policies. Leib shows that the law has not kept up with changes in our society: it sanctifies traditional family structures but has no thoughtful approach to other aspects of our private lives. Leib contrasts our excessive legal sensitivity to marriage and families with the lack of legal attention to friendship, and shows why more legal attention to friendship could actually improve our public institutions and our civil society. He offers a number of practical proposals that can support new patterns of interpersonal affinity without making friendship an onerous legal burden.
An elegantly written and highly original account of the changing nature of friendship, Friend v. Friend upends the conventional wisdom that law and friendship are inimical, and shows how we can strengthen both by seeing them as mutually reinforcing.

Reprint of the first American edition. First published in Italian in 1936, Elogio dei Giudici Scritto da un Avvocato, this is a collection of maxims, anecdotes and observations on the nature of law and justice by a professor of legal procedure at the University of Florence. Some chapters are: On the Faith of Judges, The Prime Requisite of Lawyers; On Etiquette (Or Discretion) in The Court; On the Relationship Between the Lawyer and the Truth, or on the Necessary Partisanship of the Lawyer. With a new preface by Jacob A. Stein, prominent Washington D.C. trial lawyer and author of Eulogy of Lawyers (2010), Legal Spectator & More (2003) and other titles.

Involved with the development of the English Arbitration Act at various stages, the authors of this work have provided a publication of the Act with a detailed, non-English language commentary. Enacted in June 1996, the 1996 English Arbitration Act only came into force on 31 January 1997. Unlike other materials published or prepared before the Act's effective date, this book is current to January 1998 and takes account of the significant, last-minute decision to remove the distinction between international and domestic arbitration in English law. The authors present the material in English, French, German, and Spanish, with each version consistently arranged for easy access. Arbitration experts from the relevant countries prepared the translations under the guidance of experts in the field. The authors have conveniently set out the commentary in footnotes on a section-by-section basis. Through this work the reader should gain an opportunity to study this important and complex legislation in his or her own language with expert guidance.

With a foreword by Prof. Paolo Palchetti The topic of this book is the participation of the EU in international dispute settlement. It aims to provide the reader with an appraisal of the most problematic aspects connected with the participation of a sui generis legal subject such as the EU to international dispute settlement mechanisms in a State-centric international law. In particular, the publication dwells on the question of how to make possible an effective participation in disputes while at the same time preserving the specific characteristics (i.e. the autonomy) of the EU legal order. It does so by outlining different models and proposing the internalization model adopted under EU investment agreements as a possible paradigm. It is aimed at academics, practitioners and graduate students as well as EU officials and judges who should find the issues discussed both useful and of interest for staying up-to-date on the scholarly discussion and of their relevance to case law. Luca Pantaleo is a Lecturer in International and European Law at The Hague University of Applied Sciences in The Netherlands. He obtained a PhD in International and EU Law in 2013 at the University of Macerata in Italy and was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg. Specific to this book: * Provides an up-to-date analysis of a current problem* The topic of the book is located at the intersection between international and EU law* Fills an important gap in the available literature

Through studies of beheaded Irish traitors, smugglers hung in chains on the English coast, suicides subjected to the surgeon's knife in Dresden and the burial of executed Nazi war criminals, this volume provides a fresh perspective on the history of capital punishment. The chapters 'Introduction: A Global History of Execution and the Criminal Corpse' and 'The Gibbet in the Landscape: Locating the Criminal Corpse in Mid-Eighteenth-Century England' are open access under a CC BY 4.0 license.

This book analyses the contractual mechanisms requiring parties to exhaust a selected amicable dispute resolution procedure before proceedings in court or arbitration are initiated. It briefly explains the phenomenon of integrated dispute resolution, outlines ADR methods commonly used in multi-tiered clauses and presents the overview of standard clauses published by various ADR providers and professional bodies. The core of the analysis is devoted to the enforceability of multi-tiered clauses under the legal systems of England and Wales, Germany, France and Switzerland. It is essential reading for practitioners and academics working in this area.

In its first edition, "Global Trends in Mediation" was the first book to concentrate on mediation from a comparative perspective - reaching beyond the all-too-familiar Anglo-American view - and as such has enjoyed wide practical use among alternative dispute resolution (ADR) practitioners worldwide. This new edition has not only been updated throughout; it has also added two new jurisdictions (France and Quebec) and a very useful comparative table summarising the salient points from each of the fourteen jurisdictional chapters. Each jurisdictional chapter addresses critical structural and process issues in alternative dispute resolution such as the institutionalisation of mediation, mediation case law and legislation, the range and nature of disputes where mediation is utilised, court-related mediation, mediation practice standards, education, training and accreditation of mediators, the role of lawyers in mediation, online dispute resolution and future trends. All the contributors are senior dispute resolution academics or practitioners with vast knowledge and experience of dispute resolution developments in their countries and abroad. The unique value of the book for practitioners resides in (among other things) the following: coverage of both common law and civil law jurisdictions; attention to the diversity of legal cultures and systems on four continents; a richer analysis of mediation models, standards, laws and practices than is available in other publications; and a much wider spectrum of mediation laws and approaches worldwide than is traditional in comparative studies. A comprehensive introductory chapter establishes an international comparative framework for an analysis of the national chapters that follow, synthesising the main themes of the book and analysing global and systemic trends. "Global Trends in Mediation, Second Edition", is an immeasurably valuable resource for dispute resolution practitioners, international lawyers, corporate counsel, policy-makers, and business people. It will also be of interest to academics, students and anyone interested in learning more about the special value of mediation and its processes.

This book provides an insight into commercial relations between large economies and Small States, the benefits of regional integration, the role of Small States as financial centres as well as B2B and State to State dispute resolution involving Small States. Several contributions allow the reader to familiarise themselves with the general subject matter; others scrutinise the particular issues Small States face when confronted with an international dispute and discuss new and innovative solutions. These solutions range from inventive ideas to help economic growth to appropriate mechanisms of dispute resolution including inter-State dispute resolution and specific areas of arbitration such as tax arbitration. Researchers, policy advisors and practitioners will find a wealth of insights, information and practical ideas in this book.

Could you really:

-Handle your own divorce?
-Find a better way to deal with business creditor and debtor disputes?
-Get City Hall and the County Prosecutor to make some sense of the justice system?

"Dispute Management" knowledge and skills will guide you to more successful and satisfying resolution of these and other disputes and conflicts. Let Trial Judge, Trial Lawyer and award-winning mediator and arbitrator David Strawn show you how!

Between 1300 and 1550, London's courts were the most important English lay law courts outside Westminster. They served the most active and innovative of the local jurisdictions in which custom combined with the common law to produce different legal remedies from those contemporaneously available in the central courts. More importantly for the long term, not only did London's practices affect other local courts, but they influenced the development of the national common law, and quite possibly the development of the legal profession itself. This 2007 book provides a detailed account, accessible to non-legal historians, of the administration of the law by the medieval and early modern city of London. In analysing the workings of London's laws and law courts and the careers of those who worked in them, it shows how that administration, and those involved in it, helped to shape the modern English law.

A fascinating exploration of the first two Supreme Courts and how they laid the groundwork for the modern-day Court. When the Supreme Court was established in 1789, no other country had a judicial body quite like it. The early justices struggled to give definition to such concepts as "judicial review" and "separation of powers." The early court approached its role in ways that would be startling today, often using its power to support the new government rather than merely serving as an independent arbiter. The Jay-Ellsworth Courts were the first to take up the role of interpreting the constitution, and their approach influenced constitutional debates for the next two centuries. Clearly, this is a book for any reader who wishes to understand how the court was initially set up and how it functioned in our early judicial history. Biographies of key justices such as Oliver Ellsworth, John Marshall, and John Jay Background reference section containing A-Z entries on the people, such as George Washington and John Adams; laws and constitutional provisions, including the First Judiciary Act and Article III; and concepts, such as "judicial review" and "separation of powers," that are important to an understanding of the Jay and Ellsworth Courts

To understand today's Supreme Court, it is essential to understand the judicial philosophy of its swing vote. For twenty years, Justice Anthony M. Kennedy has voted with the majority more than any of his colleagues. He has provided the deciding vote in cases involving politically charged issues such as affirmative action, the 2000 presidential election, religious expression, gay rights, and executive power to detain suspected terrorists. With a record reliably neither liberal nor conservative, Kennedy has generally been viewed as a capricious, indecisive moderate.

Frank Colucci, however, argues that Kennedy indeed displays a coherent approach to constitutional interpretation. Colucci digs deep into the Justice's record, offering a close analysis of not only of Kennedy's opinions on the Court but also his prior opinions on the 9th Circuit Court of Appeals, his off-the-bench speeches delivered before becoming a Justice, and his testimony at confirmation hearings. Colucci identifies Kennedy's core belief: that judges have a duty to ensure the word liberty in the Constitution be given its full and necessary meaning.

Colucci shows that Kennedy rejects theories of originalism and judicial restraint. Instead, Kennedy adopts a moral reading of the Constitution--similar to that championed by Ronald Dworkin and Randy Barnett as well as former Justice William J. Brennan--in which liberty and human dignity trump even democracy.

Depicting Kennedy as seeking an alternative to the perceived excesses of both the Warren Court and originalist overreaction, Colucci also compares Kennedy's rhetoric to Catholic teaching and shows him as struggling to disassociate his personal beliefs from his official duties. Separate chapters offer close readings of Kennedy's jurisprudence regarding abortion, free speech, equality, and government structure.

Colucci's persuasive account offers readers a more nuanced understanding of Justice Kennedy's arguments about the nature of personal liberty and the proper role of courts in defining and enforcing it.

This volume of essays celebrates the first 50 years in the life of the New Zealand Court of Appeal. The move, in 1958, to a Court of Appeal comprising permanent appellate judges was an important landmark in the development of New Zealand law. The chapters highlight areas where the Court of Appeal has made a significant contribution to New Zealand and wider Commonwealth law, showing how the Court's jurisprudence has both reflected and contributed to resolving some of the pressing issues of the times.They are a critical reflection on the changing work and achievements of the permanent Court over the past half-century. In addition to recording the perspectives of a former President on the Court's achievements, the essays in this volume deal with such varied topics as: the role and use of precedent by the Court of Appeal; the Court's contribution to Commonwealth administrative law; criminal appeals; relationship property; accident compensation and tort litigation; company law; equity in commercial dealings; and the rights of Maori, the indigenous people of New Zealand.

This book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.

This research review presents a 24-article tour of the topics surrounding the recognition and enforcement of foreign judgments. Written by two leading experts in the field, the review explores different approaches to, and comparative perspectives of, judgment recognition and enforcement. Topics covered include the special issues of the revenue rule and the role of public law, the effects of fraud, the scope of preclusion, and the impact of class actions. The review also looks to the future, considering possible solutions to harmonizing recognition and enforcement and assessing how the development of human rights may impact judgement recognition and enforcement. This review is an essential resource for those studying, researching or practicing in this area.

This book examines the legal principle of judicial independence in comparative perspective with the goal of advancing a better understanding of the idea of an independent judiciary more generally. From an initial survey of judicial systems in different countries, it is clear that the understanding and practice of judicial independence take a variety of forms. Scholarly literature likewise provides a range of views on what judicial independence means, with scholars often advocating a preferred conception of a model court for achieving 'true judicial independence' as part of a rule of law system. This book seeks to reorient the prevailing approach to the study of judicial independence by better understanding how judicial independence operates within domestic legal systems in its institutional and legal dimensions. It asks how and why different conceptualisations of judicial independence emerge over time by comparing detailed case studies of courts in two legally pluralistic states, which share inheritances of British rule and the common law. By tracing the development of judicial independence in the legal systems of Malaysia and Pakistan from the time of independence to the present, the book offers an insightful comparison of how judicial independence took shape and developed in these countries over time. From this comparison, it suggests a number of contextual factors that can be seen to play a role in the evolution of judicial independence. The study draws upon the significant divergence observed in the case studies to propose a refined understanding of the idea of an independent judiciary, termed the 'pragmatic and context-sensitive theory', which may be seen in contradistinction to a universal approach. While judicial independence responds to the core need of judges to be perceived as an impartial third party by constructing formal and informal constraints on the judge and relationships between judges and others, its meaning in a legal system is inevitably shaped by the judicial role along with other features at the domestic level. The book concludes that the adaptive and pragmatic qualities of judicial independence supply it with relevance and legitimacy within a domestic legal system.

An in-depth examination of the U.S. Supreme Court under the 11-year reign of Chief Justice Edward Douglass White. The White Court: Justices, Rulings, and Legacy examines the workings and legacies of the Supreme Court during the tenure of Chief Justice Edward Douglass White. Through detailed discussions of landmark cases, this reference work explores the role the Court played in steering the country through an era of economic growth, racial discrimination, and international warfare. The White Court reveals how the Court established its greatest legacy, the "rule of reason," in antitrust cases against the American Tobacco Company and Standard Oil, and how it resolved controversies concerning the expansion of executive power during wartime. Individual profiles of the 13 White Court justices describe their rise to prominence and controversies surrounding their nominations, their work on the Court, judicial philosophies, important decisions, and overall impact. A-Z entries on key people, laws, cases, events, and concepts such as Oliver Wendell Holmes, Hipolite Egg Co. v. United States, and Standard Oil of New Jersey v. United States Appendix with excerpts from primary documents of key cases decided during the White Court tenure

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia's OFDR system is that it deals with children's issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required - for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.

Since the fall of the Soviet Union, the methods of dispute resolution in Central and Eastern Europe have changed dramatically. No longer intended to serve a monolithic state, courts and arbitration institutions have adapted to permit the resolution of commercial disputes that now arise. This volume offers a view of the function of courts and arbitration in these regions. Using the resources of the International Bar Association, the text provides separate reports on litigation and arbitration by experts in Russia, Hungary, Poland, and the Czech Republic, plus additional chapters on Slovakia, Slovenia, and Estonia. The practical text sets out the relevant material in a straightforward manner and also provides comparisons. Numerous appendices should aid its usefulness as a resource.

A valuable analysis of the political environment, judicial records, and implications of rulings during the era of the Burger Court. The Burger Court delivered significant decisions in cases involving the separation of powers, equal protection, free speech, and civil liberties. The Burger Court guaranteed in Roe v. Wade a woman's right to an abortion, demonstrating that this court definitely had a mind of its own. This handbook is as suitable for the preparation of term papers and debates as it is for ready reference and more involved research. Includes extensive reference materials such as further reading and bibliographical sections directing users to primary sources and Court documents Covers key people such as Archibald Cox and Gerald Ford, laws such as the Equal Rights Amendment and the Voting Rights Act, and events such as the Iranian Hostage Crisis and the Watergate Scandal

Koshner explores the increase in interest group participation before the U.S. Supreme Court. Since 1953, when less than 13 percent of the Court's full opinion cases were accompanied by friend of the court briefs, there has been a steady increase in interest group litigation. By the 1993 term, interest groups participated in 92 percent of the cases brought before the Supreme Court. While asking whether the rise in interest group activity in this supposedly independent arena should concern us, Koshner attempts to solve the fascinating political puzzle of this tremendous growth. He begins with the growth of interest group participation and asks, quite simply, why? In answering this question, Koshner draws on a series of studies that focus primarily on individual groups and their litigation decisions. He then uses them to explore the macro-level trends that pervade the relationship between the Supreme Court and interest groups. In particular, Koshner studies the roles of four important groups: the Court, Congress, the executive branch, and the interest groups themselves. Within each, he finds a series of changes or shifts in policy that begins to answer the puzzle, and examines his conclusions within the context of First Amendment church-state cases. Students, scholars, and other researchers dealing with contemporary public law issues will find this work of particular value.

Although the concept of precedent is basic to the operation of the legal system, there has not yet been a full-length empirical study of why U.S. Supreme Court justices have chosen to alter precedent. This book attempts to fill that gap by analyzing those decisions of the Vinson, Warren, and Burger courts, as well as the first six terms of the Rehnquist Court--a span of forty-seven years (1946-1992)--that formally altered precedent. The authors summarize previous studies of precedent and the Court, assess the conference voting of justices, and compile a list of overruling and overruled cases.

This book provides a highly accessible yet practical guide to all aspects of arbitration, from the drafting of an arbitration agreement through to the award, including enforcement and appeals. Being comprehensive in its approach, every stage of the arbitral process under the Arbitration Act 1996 is covered including a separate chapter covering special types of arbitration such as consumer schemes and arbitrations under statute. Written in simple non-legalistic language and intentionally general in its coverage, it should be of relevance to arbitration matters whatever trade or profession practised.