This book includes a practical analysis of statutes that impact on civil procedure and relevant case law. A set of precedents can be downloaded in electronic format.

This publication was developed to provide undergraduate law students and newly qualified practitioners with an easy to follow guide through the intricacies of South African civil procedure in the High Court and the Magistrates' Courts. Procedures are logically set out chapter by chapter for ease of reference and understanding.

Complex procedures are set out in diagrams throughout the text and an annexure contains additional procedures and basic precedents.

The Law of Commerce in South Africa 2/e provides a clear and practical introduction to various fields of commercial law, for students of accounting and other business disciplines. The text conveys concepts and principles of commercial law in a manner which is accessible and vibrant, clearly demonstrating the practical relevance and application of the legal principles in the commercial world. The text provides clear explanation and extensive illustrative examples to support understanding, as well as a clear pedagogical structure which includes end-of-chapter questions to assess comprehension.

This book provides an introduction to the American legal system for a broad readership. Its focus is on law in practice, on the role of the law in American society, and how the social context affects the living law of the United States. It covers the institutions of law creation and application, law in American government, American legal culture and the legal profession, American criminal and civil justice, and civil rights. Clearly written, the book has been widely used in both undergraduate and graduate courses as an introduction to the legal system; it will be useful, too, to a general audience interested in understanding how this vital social system works. _ This new edition, which keeps the same basic structure of earlier editions, has been revised and brought up to date, reflecting the way the legal system has adapted to the complex new world of the twenty-first century.

What are the rights of religious institutions? Should those rights extend to for-profit corporations? Houses of worship have claimed they should be free from anti-discrimination laws in hiring and firing ministers and other employees. Faith-based institutions, including hospitals and universities, have sought exemptions from requirements to provide contraception. Now, in a surprising development, large for-profit corporations have succeeded in asserting rights to religious free exercise. The Rise of Corporate Religious Liberty explores this "corporate" turn in law and religion. Drawing on a broad range perspectives, this book examines the idea of "freedom of the church," the rights of for-profit corporations, and the implications of the Supreme Court's landmark decision in Burwell v. Hobby Lobby for debates on anti-discrimination law, same-sex marriage, health care, and religious freedom.

In Fiduciary Law, Tamar Frankel examines the structure, principles, themes, and objectives of fiduciary law. Fiduciaries, which include corporate managers, money managers, lawyers, and physicians among others, are entrusted with money or power. Frankel explains how fiduciary law is designed to offer protection from abuse of this method of safekeeping. She deals with fiduciaries in general, and identifies situations in which fiduciary law falls short of offering protection. Frankel analyzes fiduciary debates, and argues that greater preventive measures are required. She offers guidelines for determining the boundaries and substance of fiduciary law, and discusses how failure to enforce fiduciary law can contribute to failing financial and economic systems. Frankel offers ideas and explanations for the courts, regulators, and legislatures, as well as the fiduciaries and entrustors. She argues for strong legal protection against abuse of entrustment as a means of encouraging fiduciary services in society. Fiduciary Law can help lawyers and policy makers designing the future law and the systems that it protects.

The promotion of Alternative Dispute Resolution (ADR) mechanisms is strongly linked to the idea of justice in the 21st century. National and international legislators increasingly offer new responses in this area with the aim of providing citizens with the opportunity to resolve their disputes outside state courts. Indeed, the global notion of ADR includes a multiplicity of institutions which have in common the purpose of facilitating the settlement of disputes outside courts. However, such generic references to ADR mechanisms, as well as the perceived centrality of the European approach, obscure important differences in the use, regulation and underlying philosophy of ADR in many countries of the world. This book focuses on a set of countries which accounts for more than half of international world trade. Its goal is to analyse in depth the various ADR devices present in relevant countries, such as Australia, China, England, Hong Kong, India, Indonesia, Ireland, Japan, Singapore, South Korea, Thailand, the Philippines, and the USA. The book provides an in-depth analysis of the regulation of ADR in all these countries. Every chapter on national law analyses subjects covered by ADR devices, the existing legal regime, and its solutions and problems. The book provides a unique response to a topical matter of great legal and economic relevance. It is written by leading practitioners and scholars and provides a clear image of the existing framework from a legal, theoretical and practical standpoint. This book is essential for all those wanting to understand the reality of ADR in some of the most economically important countries of the world.

This concise primer offers an introduction to U.S. law from a comparative perspective, explaining not only the main features of American law and legal culture, but also how and why it differs from that of other countries. Gerrit De Geest initially focuses on the core characteristics of American law, such as the predominance of judge-made law, the significance of state law and the vital role that juries play in the legal process. De Geest then moves on to provide a succinct analysis of U.S. legal culture, before summarizing the principal differences in law and legal cultures around the world. Key features include: A thorough introduction to the main elements of U.S. law for international students A concise, accessible style illustrated with lively anecdotes and discussion of relevant foundational cases Explanation of the historical and cultural roots of law in the U.S. and other countries to provide context for differences. Students beginning LLM programs in the U.S., in particular international students, will find this primer invaluable reading. It will also be of interest to pre-law and comparative law students.

As the bicentenary of the Conseil d'Etat approaches, this new edition of the leading English-language text provides a detailed profile of the Conseil and offers an up-to-date overview of le droit administratif, which is regarded, alongside the Code Napoleon, as the most notable achievement of French legal science. The Conseil d'Etat is taken as a model for many administrative systems in Europe and beyond, and it continues to exercise a strong influence upon the emerging democracies of Eastern Europe and the Third World. The eleven expanded appendices, including statistics, model pleadings and other illustrations, provide an invaluable and accessible source of information on the French administrative courts, their procedure and case-load. Throughout the approach is comparative, with frequent references to developments in United Kingdom administrative law and in the EC institutions. The book will be an invaluable guide to all students of French law and comparative public law.

This illuminating book explores the theme of social constructionism in legal theory. It questions just how much freedom and power social groups really have to construct and reconstruct law. Michael Giudice takes a nuanced approach to analyse what is true and what is false in the view that law is socially constructed. He draws on accounts of European Union law as well as Indigenous legal orders in North America to demonstrate the contingency of particular concepts of law. Utilising evidence from a range of social and natural sciences, he also considers how law may have a naturally necessary core. The book concludes that while law would not exist without beliefs, intentions, and practices, it must always exist as a social rule, declaration, or directive; much, but not all, of law is socially constructed. This book will be a valuable resource for academics and students of law and philosophy as well as researchers interested in the intersections between analytical legal theory, socio-legal studies, and empirical legal studies.

Grounded in history and written by a law professor, this book is a scholarly yet jargon-free explanation of the differences among the common and civil law concepts of the rule of law, and details how they developed out of two different cultural views of the relationships between law, individuals, and government. The book shows how those differences lead to differences in economic development, entrepreneurship, and corporate governance. The author considers the relationship among the ROL and economic development, the legal and economic differences between shareholder and stakeholder theory, and also offers insights into how to promote effective and sustainable change in law and business. Students and scholars of international business law, corporate governance, economics, and political economy will gain a general understanding of the topic in a way not previously presented.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.

The story of collective redress in the European Union up to the present day may be qualified as a story of missed opportunities and small steps forward. This is due to an overly cautious approach to the topic at the European and national levels, a fear of American-style class actions and lobbying against the introduction of such mechanisms by those who might become subject to them as defendant parties. As a result, many of the collective redress mechanisms introduced so far in the various EU Member States may rightly be qualified as 'Squeaking Mice'. This appears not only from the contributions to the present volume, but also from the considerable number of studies that have been published on collective redress mechanisms in Europe during the last few years. The editors of the present volume hope that the future of collective redress in Europe will be brighter than the past. They hope that the volume will further the discussion on collective redress in Europe by providing the most up-to-date information in the field, and that this will lead to the implementation of effective collective redress mechanisms in the various EU Member States, mechanisms that cannot be qualified as stillborn, as is the case with many of the reforms that until now have been introduced in most European Union Member States.

This unique book provides readers with a concise yet rigorous outline of the English corporate insolvency framework as it is practised in domestic and cross-border cases. In doing so, this primer provides clear and accessible guidance on what is often considered to be a highly technical subject. Throughout the book, Eugenio Vaccari and Emilie Ghio demonstrate how to successfully navigate the uncharted waters of the significantly revised English corporate insolvency rules and procedures. Chapters answer foundational questions in insolvency law, such as: How are companies liquidated in England? How and why are they rescued and restructured? What happens when a company is liquidated or restructured, but has assets and creditors in England and abroad? The book also includes a comprehensive analysis of the sweeping and far-reaching changes to the regulatory framework introduced in the wake of the COVID-19 pandemic. Providing a blend of accessible but detailed guidance and critical discussion, the hybrid nature of English Corporate Insolvency Law: A Primer will make the book an ideal companion for students, practitioners (especially new entrants to the profession) and researchers in the fields of company and insolvency law, both within England and internationally.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. In this Advanced Introduction, Christopher Slobogin covers every significant aspect of U.S. criminal procedure. Focusing on Supreme Court cases and the most important statutory rules that provide the framework for the criminal justice system, he illuminates the nuances of American criminal procedure doctrine and offers factual examples of how it is applied. Chapters cover police practices such as search and seizure, interrogation, and identification procedures, as well as the pretrial, trial and post-conviction process. Key features include: A clear and engaging writing style, with key terms defined and relevant examples provided An examination of the competing goals and values that have influenced doctrine Coverage of all key Supreme Court cases as well as important federal and state statutes and rules Empirical studies examining the realities of the criminal process A logical flow design in each chapter to facilitate analysis of every significant criminal procedure issue This Advanced Introduction will be invaluable reading for all students of U.S. law and undergraduate students of constitutional criminal procedure. It will also be useful to those in disciplines such as criminology, public policy, and political science, as well as to policy makers who are looking for an overview of the topic.

Imperial and Local Citizenship in the Long Second Century CE offers a radical new history of Roman citizenship in the long century before Caracalla's universal grant of citizenship in 212 CE. Earlier work portrayed the privileges of citizen status in this period as eroded by its wide diffusion. Building on recent scholarship that has revised downward estimates for the spread of citizenship, this work investigates the continuing significance of Roman citizenship in the domains of law, economics and culture. From the writing of wills to the swearing of oaths and crafting of marriage, Roman citizens conducted affairs using forms and language that were often distinct from the populations among which they resided. Attending closely to patterns at the level of province, region and city, this volume offers a new portrait of the early Roman empire: a world that sustained an exclusive regime of citizenship in a context of remarkable political and cultural integration.

This book charts the evolution of EU law (both internal market and institutional law) through the jurisprudence of one of its leading jurists. Few have as close an eye-witness view of the evolution of European Union law as judges at the ECJ. They not only observe, however, but actively work towards its development. This collection assesses the momentous contribution to European Union law made by José Luís da Cruz Vilaça. Taking those areas of law which were directly shaped by his judgments (institutional law/internal market/free movement of persons and judicial review), leading scholars assess his legacy. Through this prism, the story of EU law can be charted.

National identity and liberal democracy are recurrent themes in debates about Muslim minorities in the West. Britain is no exception, with politicians responding to claims about Muslims' lack of integration by mandating the promotion of 'fundamental British values' including 'democracy' and 'individual liberty'. This book engages with both these themes, addressing the lack of understanding about the character of British Islam and its relationship to the liberal state. It charts a gradual but decisive shift in British institutions concerned with Islamic education, Islamic law and Muslim representation since Muslims settled in the UK in large numbers in the 1950s. Based on empirical research including interviews undertaken over a ten-year period with Muslims, and analysis of public events organized by Islamic institutions, Stephen Jones challenges claims about the isolation of British Islamic organizations and shows that they have decisively shaped themselves around British public and institutional norms. He argues that this amounts to the building of a distinctive 'British Islam'. Using this narrative, the book makes the case for a variety of liberalism that is open to the expression of religious arguments in public and to associations between religious groups and the state. It also offers a powerful challenge to claims about the insularity of British Islamic institutions by showing how the national orientation of Islam called for by British policymakers is, in fact, already happening.

In recent years, all over the western world, a conversation has begun about the role of Islamic law or Shariah in secular liberal democratic states. Often this has focused on the area of family law, including matters of marriage and divorce. Islamic Family Law in Australia considers this often-controversial issue through the lens of multiculturalism and legal pluralism. Primarily, its main objective is to clarify the arguments that have been made recently. In both Australia and overseas, debates have occurred which have been both controversial and divisive, but have rarely been informed by any detailed analysis of how Muslim communities in these countries are actually dealing with family law issues. Islamic Family Law in Australia responds to this need for accurate information by presenting the findings of the first empirical study exploring how Australian Muslims resolve their family law matters. Through the words of religious and community leaders as well as ordinary Australian Muslims, the book questions the assumption that accommodating the needs of Australian Muslims requires the establishment of a separate and parallel legal system.

Private property in Rome effectively measures the suitability of each individual to serve in the army and to compete in the political arena. What happens then, when a Roman citizen is deprived of his property? Financial penalties played a crucial role in either discouraging or effectively punishing wrongdoers. This book offers the first coherent discussion of confiscations and fines in the Roman Republic by exploring the political, social, and economic impact of these punishments on private wealth.