With with and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying these moral, linguistic, and psychological puzzles that plague the criminal law. Drawing on insights from analytical philosophy and psychology, he brings order into the seemingly endless multiplicity of these puzzles; many of them turn out to be variations of a few basic philosophical problems, making their appearance in different guises. To test his arguments, Katz moves far beyond the traditional body of exemplary criminal law cases. He brings into view the decision of common law judges in colonial and postcolonial Africa, famous cases such as the Nuremberg trials, Aaron Burr's treason, and ABSCAM, as well as well-known incidents in fiction.

This a comprehensive study of the doctrine of precedent as applied in the Nigerian courts. The doctrine in the non-law making courts - customary courts and magistrates courts, has also been examined. The study is in three parts. Part One deals with the nature of judicial precedent and its importation from its English base into Nigeria, and its development there; Part Two examine the various factors which determine the worth of a judicial precedent; and in Part Three the future of the doctrine in Nigeria is projected. The book is accessibly written, drawing analogies with events in daily life. The author makes proposals for improving aspects of the law impacting on the doctrine; and overall makes a plea for a more creative use of precedents by the Nigerian courts, so as to ensure justice.

Sir William Blackstone's Commentaries on the Laws of England (1765-1769) stands as the first great effort to reduce the English common law to a unified and rational system. Blackstone demonstrated that the English law as a system of justice was comparable to Roman law and the civil law of the Continent. Clearly and elegantly written, the work achieved immediate renown and exerted a powerful influence on legal education in England and in America which was to last into the late nineteenth century. The book is regarded not only as a legal classic but as a literary masterpiece. Previously available only in an expensive hardcover set, Commentaries on the Laws of England is published here in four separate volumes, each one affordably priced in a paperback edition. These works are facsimiles of the eighteenth-century first edition and are undistorted by later interpolations. Each volume deals with a particular field of law and carries with it an introduction by a leading contemporary scholar. In his introduction to this first volume, Of the Rights of Persons, Stanley N. Katz presents a brief history of Blackstone's academic and legal career and his purposes in writing the Commentaries. Katz discusses Blackstone's treatment of the structure of the English legal system, his attempts to justify it as the best form of government, and some of the problems he encountered in doing so.

A classic classroom reference since its 1964 publication, this indispensable volume offers the full text of Magna Carta in English, as well as a chapter-by-chapter discussion of its history and provisions.

In his newly revised commentary on this founding document in the history of constitutionally limited governments, A.E. Dick Howard places the charter in context of the extraordinary surge of constitutionalism in the aftermath of the Cold War. Magna Carta: Text and Commentary is a cogent introduction to Magna Carta that students everywhere can readily appreciate.

The European Union is in crisis. Public unease with the project, Euro problems and dysfunctional institutions give rise to the real danger that the European Union will become increasing irrelevant just as its member states face more and more challenges of a globalised world. Jean-Claude Piris, a leading figure in the conception and drafting of the EU's legal structures, tackles the issues head on with a sense of urgency and with candour. The book works through the options available in light of the economic and political climate, assessing their effectiveness. By so doing, the author reaches the (for some) radical conclusion that the solution is to permit 'two-speed' development: allowing an inner core to move towards closer economic and political union, which will protect the Union as a whole. Compelling, critical and current, this book is essential reading for all those interested in the future of Europe.

This book is a legal practice guide for the collection, storage and analysis of personal and other data in Big Data applications. It contains numerous guidelines and graphic illustrations/graphics to offer well-founded, practice-oriented support. The book illuminates the legal scope of Big Data and at the same time closes a gap in the legal literature on the subject. Its content goes beyond the purely data protection law view and combines questions in the Big Data environment, among others, from the legal sources, the protection of industrial property rights and data protection. In addition to personal data, the book also looks at non-personal data (technical data or anonymous data), which is often mixed together for Big Data analyses. These different types of data may originate from different rightholders, may be subject to different national laws, may require different legal bases and/or may be used for different analysis purposes.

Erlautert die Anforderungen fur die Beschaffung von Hardware, Software, Dienstleistungen und Cloud-Services Erklart die Zusammenarbeit mit der IT-AbteilungLieferantenmanagement und Stammdatenpflege Vertrags- und Lizenzmanagement

"Rights of Inclusion" provides an innovative, accessible perspective on how civil rights legislation affects the lives of ordinary Americans. Based on eye-opening and deeply moving interviews with intended beneficiaries of the Americans with Disabilities Act (ADA), David M. Engel and Frank W. Munger argue for a radically new understanding of rights - one that focuses on their role in everyday lives rather than in formal legal claims. Although all 60 interviewees had experienced discrimination, none had filed a formal protest or lawsuit. Nevertheless, civil rights played a crucial role in their lives. Rights improved their self-image, enhanced their career aspirations and altered the perceptions and assumptions of their employees and coworkers - in effect producing more inclusive institutional arrangements. Focusing on these long-term life histories, Engel and Munger incisively show how rights and identity affect one another over time and how that interaction ultimately determines the success of laws such as the ADA. For anyone concerned with rights, disability and the law, "Rights of Inclusion" should be a landmark work.

Simon Lauck untersucht, ob die Richtlinie 2012/28/EU uber die Nutzung verwaister Werke und ihr deutsches Umsetzungsgesetz ( 61 ff. UrhG) die gesetzgeberischen Ziele tatsachlich erreichen koennen. Trotz dieses rechtspolitischen Ansatzes will diese Arbeit auch Praktikern eine Hilfe sein: Vor ihrer rechtspolitischen Bewertung wird jede einzelne Vorschrift der Richtlinie und der deutschen Umsetzung unter Berucksichtigung des internationalen Rechts ausgelegt. Der Autor kommt zum Ergebnis, dass die Richtlinie ihre hohen Ziele nicht vollstandig erfullen kann. Gleichzeitig zeigt er auf, wo und wie in dieser Richtlinie und dem deutschen Urheberrechtsgesetz nachgebessert werden kann, um verwaiste Werke im Rahmen der Zielsetzung der Richtlinie besser nutzen zu koennen.

Few other economists have been read and cited as often as R.H. Coase has been, even though, as he admits, "most economists have a different way of looking at economic problems and do not share my conception of the nature of our subject." Coase's particular interest has been that part of economic theory that deals with firms, industries, and markets--what is known as price theory or microeconomics. He has always urged his fellow economists to examine the foundations on which their theory exists, and this volume collects some of his classic articles probing those very foundations. "The Nature of the Firm" (1937) introduced the then-revolutionary concept of transaction costs into economic theory. "The Problem of Social Cost" (1960) further developed this concept, emphasizing the effect of the law on the working of the economic system. The remaining papers and new introductory essay clarify and extend Coarse's arguments and address his critics.
"These essays bear rereading. Coase's careful attention to actual institutions not only offers deep insight into economics but also provides the best argument for Coase's methodological position. The clarity of the exposition and the elegance of the style also make them a pleasure to read and a model worthy of emulation."--Lewis A. Kornhauser, "Journal of Economic Literature"
Ronald H. Coase was awarded the Nobel Prize in Economic Science in 1991.

Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda.

These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.

The new Liberty Fund edition of "The Selected Writings of Sir Edward Coke" includes selections from the four volumes of the "Institutes" and cases from the "Reports," and several of Coke's speeches in Parliament. Taken together, these writings delineate the origin and nature of the modern common law and indicate the profound interrelationship in the English tradition of custom, common law, authority (of both Crown and Commons), and individual liberty. Coke's great law books and speeches are well represented on Magna Carta, citizenship, habeas corpus, freedom from wrongful search and arrest, the origins of law, judicial review, administrative law, judging, criminal law, the moral obligations of officials, the powers of King, Parliament, church, and the law, property and rights, and the profession and study of law. "The Selected Writings of Sir Edward Coke" is the first anthology of his works ever published.Steve Sheppard is a professor at the School of Law, University of Arkansas. He writes on constitutional history and theory, legal history, property law, and general jurisprudence, and he has edited "The History of Legal Education" (Salem Press, 1998).Click here for a pdf of the "Selected Writings of Sir Edward Coke" brochure

Das Buch untersucht den Krankenhausaufnahmevertrag mit seinen Allgemeinen Geschaftsbedingungen(AGB) gegenuber Krankenhauspatienten. Grundlage fur die Verwendung von AGB ist der privatrechtliche Aufnahmevertrag, den Patienten mit den jeweiligen Krankenhaustragern schliessen. Dieser Vertrag wird im ersten Teil des Buches eigens dargestellt.

Im Hauptteil setzt sich das Buch mit unterschiedlichsten AGB-Gestaltungen in den deutschen Krankenhausern auseinander. Dabei werden nicht nur die von der Deutschen Krankenhausgesellschaft e. V. (DKG) empfohlenen Vertragskonditionen untersucht, sondern auch solche, die in der Praxis weniger gangig sind. Das Spektrum reicht von Wahlleistungsklauseln, Honorarvereinbarungen und Belegarztklauseln bis hin zu Klauseln uber die wissenschaftliche Weiterverwendung von Korpersubstanzen der Patienten, welche wahrend der stationaren Behandlung angefallen waren.

Durch die Vielzahl der untersuchten AGB-Gestaltungen entsteht sowohl fur "Einsteiger," als auch fur den sachkundigen Leser ein sehr guter Einblick in alle Rechtsfragen, die bei einem stationaren Krankenhausaufenthalt auftreten konnen. Das Buch liefert neue Ansatze fur verschiedene Problemstellungen des Krankenhausaufnahmevertrages, die entweder streitig sind oder von der Rechtsprechung noch nicht entschieden worden sind. "

Drug courts provide offenders with intensive court supervision, mandatory drug testing, substance-abuse treatment and various other social services as an alternative to adjudication or incarceration. In this way, drug courts are designed to break the cycle of substance abuse, addiction, and crime by changing the behaviour of substance-abuse offenders. This book is an overview of drug courts and related federal grant programs which are widely considered an important strategy for reducing incarceration, providing drug treatment and reducing drug use and recidivism among non-violent offenders.

This book examines the decisions of retiring Justice John Paul Stevens with regard to: select federalism issues; the constitutionality of congressional term limits and the presidential line item veto; select opinions on intellectual property law; decisions on wartime detentions; death penalty jurisprudence; the jury's role in criminal sentencing; the Chevron doctrine; and the Free Speech Clause of the First Amendment.

As the preferred choice of both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. The new edition reflects the way the economic crisis has impacted the shape and nature of European Union law. Materials from case law, legislation and academic literature are integrated throughout to expose the student to the broadest range of views. Additional online material on the application of EU law in non member states and on rulings on the Fiscal Compact ensures the material is completely current. The new edition includes a timeline which charts the evolution of the EU project. Written in a way which encourages sophisticated analysis, the book ensures the student's full engagement with sometimes complex material. More importantly, it offers the clarity which is essential to understanding. A required text for all interested in European Union law.

Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit. It is a federal crime. In fact, federal obstruction of justice laws are legion; too many for even passing reference to all of them in a single report. This is a brief description of those that outlaw interference with Congressional activities.

Over the last twenty-five years, there has been an acceleration in the move from government regulation towards privatization. "Governance, Regulation, and Privatization in the Asia-Pacific Region" is the first thoroughgoing account of the relative success of the different approaches to privatization as undertaken in Korea, China, Australia, and Japan.
In most contexts, privatization is expected to yield greater efficiency and cost effectiveness while avoiding the corruption and bloated budgets of government regulation or monopoly control. But broad-scale privatization, if ill designed, has also yielded its share of difficulties in East Asia. Privatization sometimes has created a vacuum in corporate governance for some of the region's most important industries and in some cases merely reinstated the monopoly-like configurations. The papers presented in this book discuss the experiences of privatization in several industries, including railroad and telecom, corporate governance problems, accounting issues, and challenges for the future in East Asian countries.
The first section is theoretical in nature and proposes boundaries among government protection, market freedom, and shareholder expectations. The second part is constituted by country case studies, beginning with an analysis of both the Korean financial crisis that followed its 1997 law to privatize large, public sector corporations and the new ways Korean corporations finance themselves. Following is an evaluation of China's approach to privatization, with an in-depth look at the financial transitions of companies slated for initial public offering.
Providing provocative examples of the methods of privatization in theAsia-Pacific region specifically, these papers will be of huge import to any economist or policymaker interested in transposing those successes for their own region.

This book explains various areas of private, public and criminal practice in the United States, as well as US legal research, to the audience of practising civil lawyers who may interact with US lawyers. Each chapter is written by a recognised specialist in his or her respective field who has practiced and taught in that field. Further, the first chapter is an introduction to the "foreign" nature of US law for civil lawyers, written by the editor, Kirk W Junker, who holds the Chair in US Law at the University of Cologne, who has been teaching US law to law students in Germany and France for ten years, and who previously practiced US law for nine years. As a practitioner's guide, a special feature of the book is that every term of art, regardless of which field of law, is translated into both German and French in accompanying footnotes on each page. In addition, every chapter includes "Practice Tips," "Checklists for Practice," and illustrative "Examples," each of which is clearly marked in a separate box. Some chapters offer tables, example draft documents and templates to make the book easy to use as a reference book and a handbook.

"Journal of a Country Lawyer: Crime, Sin and Damn Good Fun".

Europarecht beschaftigt sich mit den rechtlichen Grundlagen der Europaischen Union. Gerald Sander liefert Ihnen einen schnellen A berblick A1/4ber die Organe der EU wie das Europaische Pralament, die Europaische Kommission und die EZB. AuA erdem erlautert er, welche Rechtsquellen das Europarecht hat, welche Verfahren es gibt, was es mit der Wirtschafts- und Wahrungsunion auf sich hat und vieles mehr. Mit A bungsaufgaben mit Loesungen koennen Sie sich selbst testen und Ihr Wissen festigen.