'Studying Law' is a concise and engaging introductory guide aimed at students coming to the study of law for the very first time. It introduces not only the fundamental legal skills essential to the successful study of law, but also provides an overview to the core law subjects and distinctions between them.

This book offers a vision for the third generation of environmental law designed to enhance its ability to protect our environment. The book presents two core proposals, an Environmental Legacy Act to preserve a defined environmental legacy for future generations and an Environmental Competition Statute to spark movement to new clean technologies. The first proposal would require, for the first time, that the federal government define an environmental legacy that it must preserve for future generations. The second would establish a market competition to maximize environmental protection. The balance of the book provides complimentary proposals and analysis. The first generation of environmental law sought broad protection of health and the environment in a fairly fragmented way. The second sought to enhance environmental law s efficiency through cost-benefit analysis and market mechanisms. These proposals seek to create a broader, more creative approach to solving environmental problems.

Crowning a decade of innovative efforts in the historical study of law and legal phenomena in the region, "Crime and Punishment in Latin America" offers a collection of essays that deal with the multiple aspects of the relationship between ordinary people and the law. Building on a variety of methodological and theoretical trends--cultural history, subaltern studies, new political history, and others--the contributors share the conviction that law and legal phenomena are crucial elements in the formation and functioning of modern Latin American societies and, as such, need to be brought to the forefront of scholarly debates about the region's past and present.
While disassociating law from a strictly legalist approach, the volume showcases a number of highly original studies on topics such as the role of law in processes of state formation and social and political conflict, the resonance between legal and cultural phenomena, and the contested nature of law-enforcing discourses and practices. Treating law as an ambiguous and malleable arena of struggle, the contributors to this volume--scholars from North and Latin America who represent the new wave in legal history that has emerged in recent years-- demonstrate that law not only produces and reformulates culture, but also shapes and is shaped by larger processes of political, social, economic, and cultural change. In addition, they offer valuable insights about the ways in which legal systems and cultures in Latin America compare to those in England, Western Europe, and the United States.
This volume will appeal to scholars in Latin American studies and to those interested in the social, cultural, and comparative history of law and legal phenomena.

"Contributors. "Carlos Aguirre, Dain Borges, Lila Caimari, Arlene J. Diaz, Luis A. Gonzalez, Donna J. Guy, Douglas Hay, Gilbert M. Joseph, Juan Manuel Palacio, Diana Paton, Pablo Piccato, Cristina Rivera Garza, Kristin Ruggiero, Ricardo D. Salvatore, Charles F. Walker "
"

`This is good value for trainees and experienced practitioners alike, provoking reflection and providing a useful reference source' - Sally Scott, Healthcae Counselling and Psychotherapy Journal

Counsellors and psychotherapists are increasingly seeing the impact of legal issues on their practice and yet many feel under-prepared for the challenges they have to face. Legal Issues in Counselling & Psychotherapy is a much-needed source of advice and reference which examines the rapidly growing range of situations in which therapists find themselves in contact with the law - in their everyday practice, in specialist work, or when facing a legal case against them.

The first part covers the current legal context of therapeutic work including confidentiality, contracts, data protection and court reports. Chapters include: defining work by leading writers from the therapeutic and legal worlds, as well as an illuminating account by a client who brought a successful case against her therapist.

Some areas of therapeutic work are particularly circumscribed by legal issues and the second part examines the specific implications for therapists in relation to:

- working with survivors of sexual abuse

-working in legal settings

-false memory

-the Human Rights Act.

Looking to the future, the book also examines the implications of professional regulation for all counsellors and psychotherapists.

The need for counsellors and psychotherapists to be well informed about the law is rapidly growing. Legal Issues in Counselling & Psychotherapy therefore provides access to essential information which will be of great value to trainees, practitioners and supervisors.

On the 27th of September 1968, the six EC Member States signed the Brussels Convention on jurisdiction and the enforcement of judgments in civil and commercial matters. 50 years later, the European Court of Justice and the Max Planck Institute Luxembourg organised an international conference on the major developments, achievements and challenges of the European law of civil procedure. This book brings together contributions written by members of the Court of Justice of the European Union, established academics and young researchers reflecting on the Brussels Regime. It offers insights on the dialogue between the Court of Justice and national courts on the interpretation of the European law of civil procedure and how it shaped the Europeanisation of private international law. Beyond this assessment of the past, the book offers some reflections on the future architecture of the European law of civil procedure and the suitability of the Brussels regime to the challenges of the current era. This will be read with interest by academics, practitioners and policy-makers.

If you are studying EU law in the UK, please see the UK version of this textbook: EU Law: Text, Cases, and Materials UK Version, ISBN 9780198859840. Building on its unrivalled reputation as the definitive EU law textbook, this seventh edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience, Paul Craig and Grainne de Burca succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic publications. Chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting-edge debates. The seventh edition has been comprehensively updated to reflect the extensive legal developments that have taken place since publication of the sixth edition, and a new chapter on current challenges facing the EU (including Brexit and the rule of law crisis) has been added. Digital formats and resources The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - The book is accompanied by online resources which include the following: - Updates to the law post-publication - A timeline of key events in the development of the EU

The fourth edition of this well established and highly regarded work on EU law maintains its character by combining comprehensive yet accessible coverage with in-depth analysis of the law and student-friendly pedagogy. It is fully up to date so encompassing critical examination of new important judgments of EU and national courts and developments in institutional, constitutional and substantive EU Law. The book keeps its unique style in that it is both a textbook and a casebook. Case summaries are highlighted in colour-tinted boxes for ease of reference, and are accompanied by key facts and critical analysis, often in the light of subsequent developments. The student-friendly approach is enhanced by market-driven pedagogical features, including: Concise outlines, at the beginning of each chapter describing its content and assisting in revision; An aide-memoire, often presented in diagrammatic form, at the end of each chapter to highlight and reinforce key points; End of chapter recommended reading lists to encourage and facilitate further research; End of chapter problem and essay questions testing the students' ability to apply what they have learnt; Cross-references to show how topics are interrelated; and A map identifying EU Member States, candidate States; and, potential candidate States. The book's companion website offers a range of teaching and learning resources including an interactive timeline of the EU, useful web links, self-test questions and much more. This book is essential reading for those studying EU law on both undergraduate and postgraduate courses and will be of interest to students of political science, social science and business studies.

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration.

The series Decisions of the Arbitration Panel for In Rem Restitution documents one of Austria's most recent compensation measures, dealing with the consequences of the National Socialist era. For property which was seized during the National Socialist era and is now publicly owned, the possibility of in rem restitution was provided for in the Washington Settlement Agreement of January 17, 2001. The Arbitration Panel for In Rem Restitution, established with the General Settlement Fund in Vienna, decides on applications for restitution. For the most part, the applications concern real estate that was confiscated between 1938 and 1945, was publicly owned on the Agreement cut off day (January 17, 2001), and in many cases had already been the subject of restitution proceedings after 1945. Since 2003, the Arbitration Panel has decided on a great number of applications and has recommended the restitution of property to the legal successors of former owners in several cases. In the course of these decisions, the Arbitration Panel has developed a complex case law. Volume 3 contains 12 decisions of the Arbitration Panel from 2006, each in the German original along with an English translation. The book will be of great interest to international lawyers, legal advisors to Jewish victims of Nazism, legal historians, and scholars of property restitution in the UK, US, Australia, and New Zealand.

"European Law Essentials" is a clear and concise study and revision guide for students of European Law. It contains all of the essential information students need when preparing for exams and includes useful summary sections of essential facts and essential cases. This is an invaluable text which students can use to gain a quick understanding of the subject, to help them through a course or as an aid to revision for exams. This book is also an excellent resource for those requiring to refresh or update their knowledge of the subject.

Over the past thirteen years, New Labour has made us wade through a quagmire of petty rules, health and safety lunacies, madcap laws and nitpicking regulations. We have been snooped on, hectored and hounded by state nannies from cradle to grave, all because government and its agencies have nothing better to do than to interfere in our lives. It would not be so bad if the Government ran the country well, but we have to put up with high taxes, street crime, late and dirty trains, the unjustified and disproportionate use of fines and charges, bloody-minded parking restrictions, excessive public sector waste, preposterous European directives, useless and unaccountable council officials and multi-culturalist busybodies. In this explosive and groundbreaking new book, Philip Johnston makes a stand and exposes the 'Bad Laws', those irritating laws, regulations and Whitehall idiocies that make life in Britain the day-to-day nightmare that it is today. He covers the following laws amongst many others: The Regulation of Investigatory Powers Act (Ripa) or "snooper's charter", allows a wide range of government bodies and quangos to watch over people, check on what they are doing and monitor their communications. The Safeguarding Vulnerable People Act...which will require 11 million people working with children or the elderly to obtain a certificate allowing them to continue to do so yet will be easily evaded by those few individuals who are a danger to children. The Hunting Act. More foxes have died every year since the Act came into force. The Children Act. All 25,000 state and private nursery schools, child minders and playgroups are required to follow a new statutory framework dubbed the "nappy curriculum". Smoking Ban - It has interfered both with personal freedom and with commercial enterprise. Housing Act - which brought us Hips in the midst of a property price slump. European Arrest Warrant - which allows British citizens to be extradited to another jurisdiction to stand trial for an offence that is not a crime in the UK. Dangerous Dogs Act, which became synonymous with hasty and ill-thought-out legislation. Firearms Act which wiped out the sport and livelihoods of thousands of law abiding people. War Crimes Act, pushed through using the Parliament Act but which has resulted in not a single conviction. Religious Hatred Act which made a bad thought a crime. Numerous Health and safety laws of every description. The Licensing Act which made it an offence to play a piano in a pub without authorisation.

This pioneering volume develops an institutionalist analysis of Malaysia's post-colonial economy by exploring the political economy of development and particularly the interface between economics and law. The various authors show that economic policy initiatives in Malaysia have often been accompanied by corresponding legislative and regulatory reforms intended to create an appropriate legal environment, and that economic problems or crises arising from earlier policies have led to major legislative innovations.The volume begins with a survey of Malaysia's colonial legal heritage and significant postcolonial developments, and the relationship between economic change, institutional developments and the law. Colonial land law transformed the rural Malay population, and the authors show that the routine depiction of this sector of the economy as a 'traditional' relic of the pre-colonial era is misleading. With regard to industry, the government changed course after independence, promoting manufacturing investments and technological progress, and forging new industrial relations between the state and trade unions. Drawing on this background the book rejects claims that corporate governance failures caused the financial crisis of the 1990s, and criticizes claims for the superiority of Anglo-American arrangements for corporate governance.

The European Union is a distinctive creation. There have been several examples of countries that have forged links in ventures of mutual benefit, but in aim, method and achievement this union has gone much further than the others. From the beginning, the EU has always been more than just a customs union. It has aimed for an ever closer union of its peoples and has developed supranational institutions with powers binding upon its members. Since its creation in 1993 it has also grown in size and in the extent of its responsibilities. Integration and intergovernmentalism have been the two forces at work in the evolution of the Community into the Union of 27 members today. In this volume the author sets out to provide an authoritative study of the EU, which clearly explains how it functions and makes it intelligible to a wide readership. Key Features *Up-to-date and comprehensive coverage of key aspects, including history and developments, institutions, politics and policy processes *Includes an analysis of the role and attitudes of the member states *Information is clearly and accessibly presented *Will appeal to students and also to professionals working in European Union agencies and organisations *Contains maps, boxes, tables, glossaries of key terms and a guide to further reading

This text looks at the issues raised from the legal, philosophical and sociological perspectives, arguing that a thorough investigaton of the child's criminal capacity, by the court, is necessary to provide a fair and arational basis for decision making concerning criminal responsibility. It also examines the existing response of the Scottish legal system to such children, both in the courts and through the children's hearings system.

The discourse of 'Better Regulation' is a hot topic, intimately associated with the drive for cost savings and a more efficient economy. In the UK and in the EU, rule-makers have lately endeavoured to achieve a more satisfactory balance between the demands of proper protection from market failure and inequity on the one hand, and commercial freedom and the potential for innovation on the other. But who is the regulator listening to, and what effect does this have on the regulatory pattern governing the integrating EU market? What is best practice in the matter of regulatory assessment. The essays in this collection explore these and other questions and will foster greater understanding of UK and EU regulation, the accountability issues involved, and problems of enforcement. It is no coincidence that since efforts to construct a Constitution for Europe have stalled the attention of policy-makers, politicians and the business community has turned instead to the quest for Better Regulation - or perhaps, it might be said, a "Better European Union".

Edited and introduced by a leading academic in the field, this is a new Routledge Major Work in the Critical Concepts in Law series. Law and Economics is a five-volume collection of canonical and cutting-edge research on the application of economic theory - primarily microeconomics and the basic concepts of welfare economics-to the examination of the formation, structure, processes and economic impact of law and legal institutions. Economic concepts have been applied to explain and clarify legal issues, not only with respect to competition law, but also in respect of a wide range of non-market activities, ranging from issues of tortuous liability and compensation, to family matters and crime. Law and Economics has influenced legislation and the development of Anglo-American case law and has become a central part of legal and economic education and research at some of the most prestigious universities on both sides of the Atlantic. This collection provides users with a collection of original articles that represent the source materials upon which each of the various Law and Economics schools of thought are founded-including the Chicago approach and the New Haven School; public-choice theory and modern civic republicanism; institutional law and economics and the new institutional economics; social norms and law and economics; and Austrian law and economics. As well as the editor's selection of foundational texts, his collection also brings together and makes readily accessible the very best of cutting-edge research in Law and Economics. Including a newly written introduction to each school of thought, a comprehensive index, and a chronological table of the articles, Law and Economics is a unique and valuable research resource for both student and scholar.

Financial crises have become an all too common occurrence over the past twenty years, largely as a result of changes in finance brought about by increasing internationalization and integration. As domestic financial systems and economies have become more interlinked, weaknesses can significantly impact not only individual economies but also markets, financial intermediaries, and economies around the world. This volume addresses the twin objectives of financial development in the context of financial stability and the role of law in supporting both. Financial stability (frequently seen as the avoidance of financial crisis) has become an objective of both the international financial architecture and individual economies and central banks. At the same time, financial development is now seen to play an important role in economic growth. In both financial stability and financial development, law and related institutions have a central role.

This third selection of articles by Robert Feenstra complements the two previously published, continuing his studies of doctrines of private law and of texts related to university teaching from the 13th century into the early modern period. In the section on private law, some pieces deal with the Middle Ages, while others focus on Hugo Grotius. Property is again an important topic, but this time joined by legal personality (foundations) and negligence (vicarious liability included). The studies on the history of texts are mainly concerned with works dating from the 14th and 15th centuries. One is devoted to a little-known civil law teacher at the University of Orleans and his commentary on a part of the Digest. The four others deal with treatises belonging to the so-called 'vulgarisation' of the 'droit savant' (medieval Roman and Canon law); most of these include important contributions to the history of early printing (incunabula and post-incunabula). Cette troisieme selection d'articles de Robert Feenstra complete les deux precedentes; elle constitue la suite de ses etudes sur les doctrines de droit prive et sur des textes se rapportant A l'enseignement universitaire du XIIIe jusqu'au XVIIIe siecle. Dans la section consacree au droit prive, quelques articles s'occupent en premier lieu du moyen Acge, d'autres focalisent sur Hugo Grotius. La propriete est de nouveau un sujet important, mais elle se trouve en compagnie de la personnalite juridique (notamment par rapport aux fondations) et de la responsabilite civile (y compris la responsabilite du fait d'autrui). Les etudes sur l'histoire des textes concernent surtout quelques ouvrages du XIVe et du XVe siecle. La premiere est consacree A un professeur de droit civil peu connu de l'universite d'Orleans et A son commentaire sur l'une des trois parties du Digeste. Les quatre autres s'occupent de traites appartenant A la "vulgarisation" du droit savant (droit romain et droit canonique au moye

"Agent Orange on Trial" is a riveting legal drama with all the suspense of a courtroom thriller. One of the Vietnam War's farthest reaching legacies was the Agent Orange case. In this unprecedented personal injury class action, veterans charge that a valuable herbicide, indiscriminately sprayed on the luxuriant Vietnam jungle a generation ago, has now caused cancers, birth defects, and other devastating health problems. Peter Schuck brilliantly recounts the gigantic confrontation between two million ex-soldiers, the chemical industry, and the federal government. From the first stirrings of the lawyers in 1978 to the court plan in 1985 for distributing a record $200 million settlement, the case, which is now on appeal, has extended the frontiers of our legal system in all directions.

In a book that is as much about innovative ways to look at the law as it is about the social problems arising from modern science, Schuck restages a sprawling, complex drama. The players include dedicated but quarrelsome veterans, a crusading litigator, class action organizers, flamboyant trial lawyers, astute court negotiators, and two federal judges with strikingly different judicial styles. High idealism, self-promotion, Byzantine legal strategies, and judicial creativity combine in a fascinating portrait of a human struggle for justice through law.

The Agent Orange case is the most perplexing and revealing example until now of a new legal genre: the mass toxic tort. Such cases, because of their scale, cost, geographical and temporal dispersion, and causal uncertainty, present extraordinarily difficult challenges to our legal system. They demand new approaches to procedure, evidence, and thedefinition of substantive legal rights and obligations, as well as new roles for judges, juries, and regulatory agencies. Schuck argues that our legal system must be redesigned if it is to deal effectively with the increasing number of chemical disasters such as the Bhopal accident, ionizing radiation, asbestos, DES, and seepage of toxic wastes. He imaginatively reveals the clash between our desire for simple justice and the technical demands of a complex legal system.

This is a book for all Americans interested in their environment, their legal system, their history, and their future.

This book looks at law and risk in a variety of contexts andprovides insight into how courts use and interpret risk and how the lawallocates risk, as well as examining the regulation of riskyactivities. To demonstrate the linkages between law and risk, theessays tackle some difficult topics, including dangerous offenders, sexoffender notification, drug courts, genetic research, pesticide use,child pornography, and tobacco advertising.

In the courts, the best chance for achieving a broad set of rights for gays and lesbians lies with judges who view liberalism as grounded in an expansion of rights rather than a constraint of government activity. At a time when most gay and lesbian politics focuses only on the issue of gay marriage, Courts, Liberalism, and Rights guides readers through a nuanced discussion of liberalism, court rulings on sodomy laws and same-sex marriage, and the comparative progress gays and lesbians have made via the courts in Canada. As debates continue about the ability of courts to affect social change, Jason Pierceson argues that this is possible. He claims that the greatest opportunity for reform via the judiciary exists when a judiciary with broad interpretive powers encounters a political culture that endorses a form of liberalism based on broadly conceived individual rights; not a negative set of rights to be held against the state, but a set of rights that recognizes the inherent dignity and worth of every individual.

Privatization has caused a large reconfiguration of the relations between the state, the market, and the family in the late twentieth and the early twenty-first centuries, all of which has had a profound effect on the lives of women. This collection of essays address this timely issue by examining eight case studies on the role of law in various arenas such as fiscal and labour market policy, family and immigration law, and laws designed to regulate health services and to prohibit child prostitution.

Starting from the shared assumption that privatization signals a transition from welfare state to neo-liberal state, the authors illustrate the role of law in this process, and its impact on women and on the gender order. In doing so, the contributors lay bare the complex interplay between a globalized political economy, social reproduction and legal regulation, providing an important contribution to feminist political theory and legal theory. Of great relevance to political science and law practitioners scholars and students - especially those interested in the areas of public policy and the state - these essays contribute strongly to debates about gender and will attract a wide feminist audience.

This book comprises a collection of papers given at the third biennial conference of the Centre for Property Law at the University of Reading held in March 2000, and is the first in the series "Modern Studies in Property Law." The Reading conference is becoming well-known as a unique opportunity for property lawyers to meet and confer both formally and informally; this volume marks a new development, being a refereed and revised selection of the papers given there. Speakers from around the world focus on issues of immediate importance ranging from human rights to electronic conveyancing, as well as timeless but ever-relevant subjects such as trusts, mortgages and the numerus clausus of property rights. As ever, a range of international topics is discussed, this time including land registration in the Nordic countries, and the re-privatization of land in Eastern Europe.

Belief in the rule of law characterizes our society, our political order, and even our identity as citizens. Yet despite the importance of this phenomenon, those who study culture have failed to focus on the law. In this work, Paul Kahn provides a full examination of what it means to conduct a modern intellectual inquiry into the culture of law. He explains the shortcomings of current legal scholarship and, more important, charts the way for the development of an entirely new intellectual discipline of law, one that approaches law as a way of life rather than a set of rules. Kahn argues that legal scholars, despite the appearance of some sophisticated theory in modern legal scholarship, are bound to the idea of improving the law through reform. The state of current legal scholarship can be compared to the study of religion around the turn of the century, when it was a part of the practice of religion and not a distinct intellectual discipline as it is today. To conduct a genuine study of our legal culture, we must step outside the boundaries of our legal system, abandon the ambition of reform, and instead interpret the beliefs and practices that constitute the rule of law. Kahn outlines the conceptual tools and methodology necessary for such an inquiry. Drawing on modern cultural studies, he analyzes the concepts of time, space, citizen, judge, sovereignty, and theory within the culture of the rule of law.

This book, the first to be written about the Lake Babine Nation in north-central British Columbia, examines its traditional legal order, self-identity, and their involvement in current treaty negotiations.Changing relations between the First Nations and the Canadian state have led to a new awareness of customary legal orders. These orders can help the state accommodate diverse approaches to judicial fairness and social justice, and offer a way for Aboriginal nations to maintain their identity and moral order.