Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

Reforming the Russian Legal System is a comprehensive analysis of the forces that are shaping legal reform in the republics of the former USSR. Looking beneath the flow of day-to-day developments, the book examines how traditional indigenous Russian legal values, and the 74-year experience with communism and 'socialist legality' are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today. The author provides a broad historical survey of pre-revolutionary and Soviet-era legal developments, which provides a backdrop to the reforms initiated by Gorbachev. Chapters analysing constitutional law, criminal law and procedure, the Procuracy, and the laws governing the transition to a market economy illustrate the recurring themes of the book: the interaction of crosscurrents in Russian legal culture, and variations in the pace of legal reform from republic to republic and region to region.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual Summer Courses in the law of the European Community and the protection of human rights in Europe. In addition to General Courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. The courses are published in the language in which they were delivered (English and French).

Mary Ann Glendon's A Nation Under Lawyers is a guided tour through the maze of the late-twentieth-century legal world, in which even lawyers themselves can lose their bearings. Glendon depicts the legal profession as a system in turbulence, where a variety of beliefs and ideals are vying for dominance. Dramatizing issues and events through stories of lawyers and laypersons caught up in the currents of change, she provides a frank assessment of the people and ideas that are transforming our law-dependent culture.

In this book, Haley argues that the weakness of legal controls throughout Japanese history has assured the development and strength of informal community controls based on custom and consensus to maintain order - an order characterized by remarkable stability with an equally significant degree of autonomy for individuals, communities, and businesses.

Since their introduction in 1984, milk quotas have become a prominent feature of the Common Agricultural Policy. The vigorous and yet at times questionable trade in milk quotas is a strong indication that its legal ramifications are underestimated at their peril. Indeed practitioners in this area cannot afford to ignore the astonishingly large number and high value of dealings in quota. Academics as well are no longer in doubt as to the importance of quota legislation and its ramifications. Milk quotas constitute a major and novel extension of Community power in the agricultural sector and represent a potent force in the development of Community law. Indeed, the Common Agricultural Policy gives rise to the single largest body of cases before the European Court of Justice with milk quotas taking a leading role. This indispensable and up-to-date practitioner's manual explores the influence that milk quotas have had on both EC and UK legislation. The author examines exactly how these quotas operate in relation to landlords, tenants, taxation and, consequently, rural culture itself. He goes on to consistently link the domestic effects of milk quota legislation to the European Court of Justice and identifies ways in which milk quota regulation is influencing other areas of EC law.

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

The history of German lawyers in private practice from 1878 to 1933 helps answer questions about the inability of German liberalism to withstand National Socialism in 1933. They won free entry and self-government for their profession in 1878, thinking these would lead to civic leadership and expanded liberty, but the changes that were unleashed revealed the limits of professional influence. Exaggerated expectations for the legal profession in public life exposed the limitations of procedural liberalism, with tragic consequences.

This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and sub-sidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and sub-sidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new reg-ulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.

In The New European Private Law Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In his book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.

This volume provides an introduction to European law, law-making institutions and dispute settlement mechanisms, in relation to the changes brought about by the process of European unification. It presents European legal regimes for the general areas which are relevant to foreign lawyers, including corporate law, environmental regulation, securities regulation, anti-trust law, mergers and acquisitions, licensing, product liability, and dumping. The European regulations of specific industries are examined, such as broadcasting and telecommunications.

Despite all that has been written about business and its role in American life, contemporary theories about the modern corporation as a social and political institution have failed to explain adequately the pervasiveness and complexity of corporate power in the twentieth century. Through an analysis of history, law, ideology, and economics that spans two centuries, Scott R. Bowman attempts to offer a complete interpretation of the way corporate power has achieved its dominant position in American society today.

In The Modern Corporation and American Political Thought, Bowman demonstrates how judge-made and statutory laws have structured and regulated the growth of corporate power while preserving corporate autonomy. The argument unfolds within a historical framework that reconstructs the evolution of the corporation with reference to its two dimensions of power: internal (within the enterprise) and external (in society at large). Bowman examines and revises Marxist, pluralist, and managerial theories to develop his own political theory about class conflict and corporate power and offers fresh interpretations of the political thought of Herbert Croly, Walter Weyl, Thorstein Veblen, Peter F. Drucker, Adolph A. Berle, and John Kenneth Galbraith. Ultimately, this book sets forth the first political theory that adequately accounts for the power of the modern corporation in all its dimensions.

This collection of essays by some of the most respected American legal scholars represents the first investigation of the legal history of the Great Plains. It challenges existing theories about the legal culture of the region by showing the area's distinctiveness. The four-part study offers overviews of law and the region, analyzes landmark cases, discusses the impact of important legal thinkers, and provides a short history and case studies of the work of leading jurists. Designed to whet the appetite of legal scholars and historians who want to consider new ideas and study a little-known field. This provocative work developed from the first conference ever held on law and the Great Plains. The contributors and the participants addressed fundamental questions about race, ethnicity, and civil rights and the legal culture of the region. This study is designed to whet the appetite of legal scholars and historians who want to consider new ideas and study a little-known field.

The Academy of European Law was established by the European University Institute in 1990 and extends the Institute's current programmes into a larger field of interest. It has as its main activity the holding of annual summer courses in the law of the European Community and the protection of human rights in Europe. In addition to general courses, shorter courses are held on subjects of special academic and practical interest in both fields. Finally, special guest lectures on topical issues are given by policy makers, judges and persons who have held or currently hold the highest position in these fields. These courses are published in this work, in the language in which they were delivered (English and French).

Charles McClain's illuminating new study probes Chinese efforts to battle manifold discrimination - in housing, employment, and education - in nineteenth-century America. Challenging the stereotypical image of a passive, insular group, McClain reveals a politically savvy population capable of mobilizing to fight mistreatment. He draws on English- and Chinese-language documents and rarely studied sources to chronicle the ways the Chinese sought redress and change in American courts. McClain focuses on the San Francisco Bay Area, the home of almost one-fifth of the fifty thousand Chinese working in California in 1870. He cites cases in which Chinese laundrymen challenged the city of San Francisco's discriminatory building restrictions, and lawsuits brought by parents to protest the exclusion of Chinese children from public schools. While vindication in the courtroom did not always bring immediate change (Chinese schoolchildren in San Francisco continued to be segregated well into the twentieth century), the Chinese community's efforts were instrumental in establishing several legal landmarks. In their battles for justice, the Chinese community helped to clarify many judicial issues, including the parameters of the Fourteenth Amendment and the legal meanings of nondiscrimination and equality. Discussing a wide range of court cases and gleaning their larger constitutional significance, "In Search of Equality" brings to light an important chapter of American cultural and ethnic history. It should attract attention from American and legal historians, ethnic studies scholars, and students of California culture.

This publication was inspired by the desire to commemorate the 25th Anniversary of the founding of the Section on Business Law of the International Bar Association. Practising lawyers from all over the world have contributed to this book with their knowledge and expertise. The issues involved in the economic development process have been pursued with a practical approach. Bearing in mind that the legal system of each country is unique, that many countries are currently undergoing major programmes of legal reform, and that most development issues are country-specific, this study does not make any claim to comprehensiveness or coherency of treatment. It should serve as a source of practical information for a wide range of people interested in the legal aspects of development and investment issues, including the special issues associated with the use of foreign capital.

This study deals with the role of national parliaments in the perspective of European integration. It examines the relationship between national parliaments and the European Parliament. In order to find a solution to the problem of the democratic deficit in the EU, the author concludes that it is vital for European integration to create an efficient decision making process which is best served by centralization and majority voting. However, this runs counter to democratic legitimation, which is dependent on institutions at the national level.

A Judgment for Solomon tells the story of the d'Hauteville case, a controversial child custody battle fought in 1840. It uses the story of one couple's bitter fight over their son to explore some timebound and timeless features of American legal culture. In a narrative analysis, it recounts how marital woes led Ellen and Gonzalve d'Hauteville into what Alexis de Tocqueville called the 'shadow of the law'. Their multiple legal experiences culminated in an eagerly followed Philadelphia trial that sparked a national debate over the legal rights and duties of mothers and fathers, and husbands and wives. The story of the d'Hauteville case explains why popular trials become 'precedents of legal experience' - mediums for debates about highly contested social issues. It also demonstrates the ability of individual women and men to contribute to legal change by turning to the law to fight for what they want.

Proportionality embodies a basic concept of fairness to strengthen the protection of individual rights at both the national and supranational level. The purpose of this book is to examine the impact of the principle of proportionality in the legal systems of Germany, France and the European Community, where the principle of proportionality plays a pivotal role in balancing the rights and obligations of the individual. The definition of proportionality as used in this work is quite broad: measures adopted by public authorities should not exceed the limits of what is appropriate and necessary in order to attain legitimate objectives in the public interest. As many important general principles of law as applied by the Court of Justice have been borrowed from German and French law, and a comparative study of the various forms which this principle has assumed in both German and French public law is presented. The areas of substantive law examined are the law of the common agricultural policy and the free movement of goods. The fundamental question is also raised as to whether proportionality allows judges to interfere with official decisions, thus breaching the principle of the separation of powers. This work argues that proportionality involves the state-citizen relationship and could be considered as a response to the historical experience that public authorities, national and supranational, function with the tendency to impair freedom of the individual.

Recent advances in medical technology have greatly increased physicians' ability to prolong life and have provoked widespread public concern regarding the rights of individuals to refuse treatment. The Right to Die analyzes the right to die as a controversial social and political issue and examines its development in contemporary public policy.

This sixth volume in the Osgoode Society's distinguished series on the history of Canadian law turns to the a central theme in the history of British Columbia and the Yukon - law and order. In the early days of British sovereignty, the frenzied activity of the fur trade and the gold rush, along with clashes between settlers and Natives, made law enforcement a difficult business. Later, although law and order were more firmly established, tensions continued between the dominant populations committed to the practice and rhetoric of British justice and those groups owing allegiance to other value systems (such as Native peoples, Asian immigrants, and Doukhobors) or those resisting authority (criminals and the criminally insane). These essays look at key social, economic, and political issues of the times and show how they influenced the developing legal system.

The essays cover a wide range of topics, and explore the human as well as the legal dimensions of their subjects, relating specific cases to broader theory. They demonstrate that English law has been flexible enough to accommodate diversity and is, therefore, pragmatic. The volume also proves that there is no single Canadian legal culture: geography, demography, politics, economics, and military considerations have had an impact on the shape of our legal culture. The introduction by John McLaren and Hamar Foster pulls together the many regional themes to provide a clear overview of the legal complexities of the period.