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Books > Law > Jurisprudence & general issues > Foundations of law
Speurder-sersant Luna Joubert van die Stellenbosch polisiediens word gestuur om die eienaardige dubbele moord op die eienaar van ’n kwekery en sy vrou te ondersoek. Die De Winters is beide met ’n skerp voorwerp aangeval, maar daar was geen teken van ‘n struweling of enige getuies om sin te maak van die voorval nie. Terwyl Luna sukkel om ’n moord sonder verdagtes of leidrade op te los, maak Mike Grant weer sy onverwagte verskyning. Hierdie keer is hy op ’n geheime sending onder die geledere van ’n plaaslike dwelmsindikaat. Ten spyte van sy nuwe voorkoms vind Luna dit onmoontlik om nie die deur oop te maak wanneer hy klop nie. Soos Mike homself in die onderwêreld ingrawe, begin Luna op tone trap om haar eie raaisel op te los. Was die De Winters wie almal dink hulle was? Weet die kinders dalk meer as wat hulle voorgee? Wat gaan aan by die studentehuis oorkant die straat? En wie is die man in die sportmotor wat so op die buitewyke van haar ondersoek beweeg? Om antwoorde te kry sal Luna die donkerte en als wat daarin skuil moet trotseer. Bloedbande is die vierdie boek in Jeanette Stals se Luna Joubert-reeks.
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.
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.
Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.
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.
In a provocative and brilliant analysis, retired Supreme Court Justice Stephen Breyer deconstructs the textualist philosophy of the current Supreme Court’s supermajority and makes the case for a more pragmatic approach of the Constitution. The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations. Most important in interpreting law, says Breyer, is to understand the statutes as well as the consequences of deciding a case one way or another. He illustrates these principles by examining some of the most important cases in the nation’s history, among them the Dobbs and Bruen decisions from 2022 that he argues were wrongly decided and have led to harmful results.
Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment. The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.
Tribal Criminal Law and Procedure is the second in a unique series of comprehensive studies of tribal law in the United States. This book examines the complex subject of tribal criminal law and procedure from a tribal perspective utilizing tribal statutory law, tribal case law, and the cultural values of Native peoples. Garrow and Deer discuss in depth the histories, structures and practices of tribal justice systems, comparisons of traditional tribal justice with Anglo-American law and jurisdictions, elements of criminal law and procedure, and alternative sentencing and traditional sanctions. Tribal Criminal Law and Procedure will be an invaluable resource for legal scholars and students. Published in cooperation with the Tribal Law and Policy Institute, visit their web page; Turtle Mountain Community College; and the Native Nations Law and Policy Center, University of California, Los Angeles.
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.
The Law of Persons in South Africa, Third Edition, offers a rigorous, clear and accessible introduction to the general principles of the law of persons, including principles of customary law. This third edition text is thoroughly revised and updated to address the developments in customary law, case law, and amendments to relevant legislation, that have occurred since the publication of the previous edition of this work. Additionally, The Law of Persons in South Africa, Third Edition, offers a conceptual and enquiring approach that supports independent critical and reflective engagement with the subject matter. Various elements underpin the text's supportive approach, including critical and reflective discussions, numerous diagrams that enable readers to quickly comprehend complex concepts, explanations of legal terminology, and concise chapter summaries.
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.
Written as a companion to Kleyn & Viljoen's Beginner's Guide for Law Students, this exciting new work takes students through the range of skills they will require throughout their studies and in practice. The material is presented in the same easy-to-use, fun and accessible manner that was used so successfully in the Beginner's Guide. Throughout, the authors use clear, simple language while never compromising on standards and accuracy.
This guide is aimed at the needs of students to gain a clear understanding of the theory of valuations, an essential area of accounting practice. This edition introduces the discounted cash flow technique of valuation, which is steadily gaining acceptance in practice. Two illustrations of this approach are provided, as are brief notes on Economic Value Added (EVA).
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.
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 LuÃs 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.
The Social Security Handbook: Overview of Social Security Programs, 2021 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws.The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: How Social Security programs are administered Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs Who is responsible for submitting the necessary evidence to support a claim How claims are processed by the Social Security office What Social Security benefits are owed to you How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: Protect your benefits and avoid benefit loss; Monitor government agencies and get information about policy changes that will affect your benefits; Make the most of hospital and Medicare coverage; Determine the amount of benefits that are subject to federal income taxes; Check Social Security earnings and benefits; and Get up-to-date news about future Social Security programs and services.
The Social Security Handbook: Overview of Social Security Programs, 2021 provides information about Social Security programs and services, and identifies rights and obligations under the Social Security laws. The completely updated Handbook, organized by section number, is a readable, easy-to-understand reference for comprehending complex Social Security programs and services and contains information on several topics relevant to Social Security policies: *How Social Security programs are administered *Who is and isn't covered under retirement, survivors, disability, and hospital insurance programs *Who is responsible for submitting the necessary evidence to support a claim *How claims are processed by the Social Security office *What Social Security benefits are owed to you *How to obtain information about your rights under Social Security policy The Handbook is designed to help users understand the gray areas of the Social Security Act, and to provide critical information about rights and obligations under Social Security laws. The Handbook outlines how to: *Protect your benefits and avoid benefit loss; *Monitor government agencies and get information about policy changes that will affect your benefits; *Make the most of hospital and Medicare coverage; *Determine the amount of benefits that are subject to federal income taxes; *Check Social Security earnings and benefits; and *Get up-to-date news about future Social Security programs and services.
Picturing Punishment examines representations of criminal bodies as they moved in, through, and out of publicly accessible spaces in the city during punishment rituals in the seventeenth-century Dutch Republic. Once put to death, the criminal cadaver did not come to rest. Its movement through public spaces indicated the potent afterlife of the deviant body, especially its ability to transform civic life. Focusing on material culture associated with key sites of punishment, Anuradha Gobin argues that the circulation of visual media related to criminal punishments was a particularly effective means of generating discourse and formulating public opinion, especially regarding the efficacy of civic authority. Certain types of objects related to criminal punishments served a key role in asserting republican ideals and demonstrating the ability of officials to maintain order and control. Conversely, the circulation of other types of images, such as inexpensive paintings and prints, had the potential to subvert official messages. As Gobin shows, visual culture thus facilitated a space in which potentially dissenting positions could be formulated while also bringing together seemingly disparate groups of people in a quest for new knowledge. Combining a diverse array of sources including architecture, paintings, prints, anatomical illustrations, and preserved body parts, Picturing Punishment demonstrates how the criminal corpse was reactivated, reanimated, and in many ways reintegrated into society.
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