Crow Dog's Case is the first social history of American Indians' role in the making of American law. The book sheds new light on Native American struggles for sovereignty and justice in nineteenth century America. This "century of dishonor," a time when American Indians' lands were lost and their tribes reduced to reservations, provoked a wide variety of tribal responses. Some of the more successful responses were in the area of law, forcing the newly independent American legal order to create a unique place for Indian tribes in American law.

4 parts not sold separately. Contents: Part 1: PGA chapters 1 - 7; Part 2: PGA chapters 8 - 15; Part 3: PGA chapters 16 - 41, General Synod Measures 1; Part 4: Table V of Origins and Destinations, Table VI - Effect of Legislation; General Index

Fully updated including new chapters and substantial new material, Essential Equity and Trusts now in its second edition, treats the key issues of equity and trusts lucidly and comprehensively. This restructured edition is an ideal guide to the subject for undergraduate law students.

The text covers the major cases with which a student needs to be familiar and examines the complexities surrounding the study of equity and trusts. Written in accessible language, the text explains everything from the history of equity and trusts to recent developments. Topics include: equitable rights and interests, equitable assignment of legal property and chapters on the different types of trusts.

Each chapter opens with a checklist highlighting key areas of the topic, which is followed by an expanded treatment of the subject. This student-friendly text gives readers a sound understanding of equity and trusts on which to build their knowledge and is also an ideal revision aid.

Discussions of the problems of religion and state reflected in the legal system too often occur against a background of ignorance of the scope and detail of Jewish law. This book is a comprehensive source of information and clarification of the principles and institutions of Jewish law in all its areas. It is a single-volume treatment of a subject that is now recognized as a legitimate discipline in the study of law.

Originally included in the "Encyclopedia Judaica" and previously available in a hardcover edition, this material is now available for the first time in a paperback edition. The intention is to make it easy to use and available for a wider audience.The book begins with a major introduction discussing the development of Jewish law. This introduction is followed by eight sections offering the reader a methodical description of the principles and institutions of Jewish law: The Sources of Law; General; Laws of Property; Laws of Obligation and Torts; Family Law and Inheritance; Criminal Law; Jurisdiction, Procedure, Evidence and Execution; and Public and Administrative Law, and Conflict of Laws. The material is treated in a modern legal manner with extensive detail given to comparative law. Bibliographical information is offered at the end of each section. The comprehensive subject index is an indispensable aid in locating a given theme.

All of the contributions to this book have been written by outstanding legal personalities of Israel. Collectively the work "represents an eminent contribution covering all aspects of jurisprudence, except religious ritual, in Judaism. Its broad scope encompasses much that should be of interest to students in history, economics, sociology, and culture." (Solomon Faber).

This newest edition of the classic standard Introduction to the Law of the European Communities provides under a new title the most comprehensive and systematic account available of the law of the EC and the EU-including (unusual for surveys of European law) detailed description and commentary on the Economic and Monetary Union. The new edition covers developments up to the beginning of 2008, and each chapter includes some indication of the major changes which will take place if and when the Treaty of Lisbon enters into force. The Fourth Edition embraces many new, ongoing and emerging European legal issues, such as the following:A* much deeper analysis of the complex relationship between Community law and national law;A* re-examination of competition law in the light of the procedural requirements of Regulation 1/2003; and A* discussion of the protection of the financial interests of the Community. All the topics constantly debated in European legal theory and practice-the 'constitution,' accession, citizenship, character of EMU, principles of subsidiarity and proportionality, free movement of persons/goods/services, social security, public procurement, telecommunications, merger control, State aids, environmental policy, consumer protection, public health, cultural policy, education, agriculture, transport, external competence, Council/Commission/Parliament powers, role of the ECJ, harmonization-are discussed here in ways that are both fundamental and enlightening.The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit.

Transition to Journals
From Volume 29, the Yearbook of European Law will be available as online only, print only, or combined print and online subscriptions from Oxford Journals. The Yearbook of European Law archive is available immediately from January 2011. Customers wishing to take out a subscription can do so by clicking through to the yearbook's journal page: http: //yel.oxfordjournals.org/
Yearbook of European Law will benefit from a number of additional features made possible by online publication:
Publish ahead of print - Articles will appear online throughout the year, granting subscribers immediate access to the latest developments in both HTML and PDF formats, without needing to wait for the print volume
Email alerts - Anyone can sign up to receive Yearbook of European Law content alerts - both of the annual volume and of content published throughout the year
Searchable archive - The entire archive back to 1996 will be made available to Yearbook of European Law subscribers
Now in its 29th year, theYearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook is an essential resource for all involved in European legal research and practice.

The Yearbook of the European Convention on Human Rights, edited by staff of the Council of Europe, is an indispensable record of the development and impact of the world's oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and in national legislation and practice. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers' work supervising the execution of the Court's judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights. A summary survey of the implementation in certain member states of the Convention in the form of both legislation and case-law. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.

Fourteen percent of the European Union's gross domestic product is accounted for by government or public utility works, supply, and service contracts. Yet, in spite of its major importance for the European economy, public procurement remained for a long time one of the areas which benefited least from the creation of the internal market. Awarding contracts across borders was fraught with complicated provisions and rigid, protracted, bureaucratic procedures. Furthermore, the possibility of mainstreaming social and environmental interests in procurement practice seemed remote. In 1996, the Commission proposed amendments to the existing legal framework, prompted by the emergence of the information society, the gradual withdrawal of the State from certain economic activities, and increased budgetary austerity. The ultimate result, after many years of gestation, was Directive 2004/18 of the European Parliament and the Council on the Coordination of Procedures for the Award of Public Works Contracts, Public Supply Contracts and Public Service Contracts. This book gathers into a single source all the legislative documents preceding the coming into effect of this important directive. In great detail it clearly reveals the negotiation and compromise over the realisation of the legislative objectives - modernisation, simplification, and flexibility - in addition to such crucial elements and outcomes of the debate as the following: the introduction of electronic purchasing mechanisms; provisions to avoid conferring advantage on any economic operator or giving preference to any national production; the development of the "negotiated procedure" and the "framework agreement"; environmental impact requirements; provisions for small and medium-size undertakings (SMUs); social and employment policy; compliance and review procedures; protective measures against certain products; and combating corruption and organised crime. The book first presents documents that outline the reasons that led to the intention to integrate public works (93/37/EEC), supply contracts (93/36/EEC), and service contracts (92/50/EEC) into one new directive. Then follow documents that detail the drafting of the recitals in the Preamble, the articles and the annexes. Finally, a list of legislative documents offers as complete an overview as possible of every item that played a role in the creation of Directive 2004/18/EC, including several amendments that have been made to the directive since it came into effect. This unique publication will be a powerful resource for lawyers and policymakers engaged in the development of European procurement law. It will also provide both practitioners and researchers working in the area of European procurement law with an incomparable desktop reference on Directive 2004/18/EC.

The background to the project is a decision of the European Court of Human Rights in a case involving a person with autism, who had been admitted to Bournewood - a psychiatric hospital in England. The care he was receiving there had some restrictive features, and requests by his carers for him to return home were refused. The Court's decision was that there had been a breach of his right to liberty, as protected by Article 5 of the Convention. That result caused a change in the law of England and Wales. Admissions to long-stay hospitals for people with autism or other neurological conditions or disabilities who lacked decision-making capacity could no longer be regarded as voluntary and informal. A new system was introduced to authorise these admissions. The changes also affected some admissions to care homes.The Commission is therefore examining the position in Scots law concerning the right to liberty of adults with incapacity in residential facilities.The main questions raised by the Discussion Paper are - is Scots law as it currently stands adequate to meet the requirements of the European Convention in this area? And if not, how should it be changed?In particular, there is a need to decide if there should be a new procedure for authorising deprivation of liberty in residential care for adults with incapacity. If there should, what should that process be? And, very importantly, what sorts of care and what type of facilities should be regarded as involving deprivation of liberty for those who live there

European private law is in the making. Many scholarly and official projects tackle the many issues that unfold in the path of a more uniform European legal culture. None of such projects has been as thorough and patient in trying to develop a general knowledge on how things are in the early-21st century in the landscape of European private law as the "Common Core of European Private Law Project", launched in Trento, Italy in 1993 with the direct involvement of the Late Professor R.B. Schlesinger. Within the Common Core Project, over 200 professionals apply a painstaking comparative analysis of European legal systems in the domain of contracts, property and torts. Every year in Trento leading scholars address the plenary session where the active participants convene to discuss methodological and practical problems that emerge from their collective comparative effort. This book is a collection of the views of the importance and stakes of the making of European Private Law as presented in the papers delivered at the Trento plenary sessions.

This new "Yearbook" provides an insight into some of the most typical issues in East Asian law and practice. From doing business in Vietnam to the status of the foreign lawyer in Japan - the "Yearbook Law and Legal Practice in East Asia" provides expert opinion and analysis.

This book focuses on the determinations of rents upon reviews or renewals of leases of commercial and retail properties. This book refers to the relevant valuation and legal principles and contains extensive reference to case law, including the facts of each case, lease provisions, counsels argument, and relevant excerpts from the judgments. The book explains: the history, purpose, and operation of rent review clauses; the basis of assessment, including the interpretation of clauses and definition of terms commonly encountered; the controversial question of lease incentives or inducements; the principles of assessment applied; determinations under retail shop leases; the distinction between "speaking" and "non-speaking" valuations; the functions of the valuer in the process, including the difference between a valuer and an arbitrator; the independence of a valuer; and whether determinations are final and binding on the parties.

The Debtors' Guide to Local Courts is an invaluable resource for debtors, financial counsellors, community workers and lawyers. It provides comprehensive, accessible and up-to-date information about the debt recovery system for people facing debts in NSW. Being in debt can be a confusing and frightening experience. This book aims to set out options available to people who are experiencing debt problems. It aims to put some control back into the lives of debtors providing practical guidance on negotiating with creditors, dealing with debt harassment, an overview of the Local Court, how to respond to a statement of claim and the process of enforcement of a debt and ways to stop enforcement. The updated third edition includes: flowcharts which provide simple overviews of various steps in the debt recovery process; updated practical information such as filing fees, amounts that can be claimed, interest rates, solicitors scales of costs in the Local Court; updated information on the different ways of running matters in the Small Claims or the General Division of the Local Court; sample letters and improved sample forms including an example of a defence under the Consumer Claims Act; associated and relevant information on the powers of the Consumer Trader and Tenancy Tribunal to decide credit and debt matters and the process followed by the State Debt Recovery Office for the payment of unpaid fines; and more comprehensive information on bankruptcy.

Each subject is broken down and presented on an easy-to-use fold out 'map'. The maps use spider-diagrams and flowcharts to provide a concise, authoritative revision accessory, giving the student an at-a-glance tool for understanding how the different topics within each subject are connected. The maps can be pinned to walls to make the revision process easier. Students will find that these maps are an invaluable aid in their research, in encouraging creative thinking and in providing solutions to problem questions.

There have been a series of well-publicised corporate failures and collapses in Australia, the US, and Canada. These failures have drawn attention to the consequences--for companies, shareholders, capital markets, and directors--of directors failing to do their job. Law for Directors is a matter-of-fact statement of directors' responsibilities and liabilities. It clearly explains the corporate law and other areas of law that directors commonly have to confront in the course of their duties. There is also practical guidance on dealing with the regulators. The author, Mr. Geoffrey Gibson, has been advising the boards of public and private companies for many years and has written similar works for journalists and arbitrators.

The Third Man Reform of the Australasian Defamation Defences plots an entirely new course for defamation law reform and in doing so provides a detailed analysis of the current Australasian defences. Its starting point is the recognition that a cause of action in defamation presupposes the existence of at least three people: a plaintiff; a defendant; and a person to whom the defamatory material is published (the Third Man of the title, which was inspired by Carol Reed's 1949 film masterpiece of the same name). The central thesis of the book is that many of the intractable problems apparent in the current defensive regime disappear if the focus is changed to take account of the legitimate interests of the recipients of defamatory publications. The first two chapters set out powerful arguments for the acceptance of this third man principle. The following six contain a searching evaluation of the current Australasian defences by reference to this principle. Each treatment of an existing area of defence concludes by proposing draft model provisions designed to satisfy the third man principle. The threads of these individual proposals are woven together into a single, cohesive fabric model Part Z in the final chapter and accompanying appendix. The authoritative Law of Defamation (The Federation Press, 1998 now out of print; new edition planned) established Michael Gillooly as a leading scholar in the field of defamation law. Many will find The Third Man compelling, both in its analysis of defences in the current law and his argument for reform.

This Consultation Paper reviews the law governing the conduct of elections and referendums in the UK, and sets out our provisional proposals and questions for consultation with the public. This is a joint project by the Law Commission of England and Wales, the Scottish Law Commission and the Northern Ireland Law Commission.

This book examines the evidence involved in proving the existence of an antitrust market under the Australian Trade Practices Act 1974. An antitrust market is a complex eco-legal concept. Proof of such a market is a critical issue that must be tackled in assessing whether business conduct is anti-competitive for the purposes of the Act. It is an issue that arises in most jurisdictions in which competition legislation exists, including New Zealand, the United States and the European Community. Proof of Antitrust Markets in Australia is the first comprehensive analysis of the evidentiary dimensions of this important issue. It provides significant practical insights for lawyers, economists, judges, regulators and business people concerning the evidence required to establish antitrust markets to the satisfaction of the courts. The challenges involved in presenting evidence from industry, consumers, statistical studies, and expert witnesses are each explored in detail. The insights conveyed in the book indicate that while the approach taken by Australian courts to the evidence on this issue may be correct in principle, it lacks rigour in practice. The author makes a range of recommendations as to how the approach could be improved. This particular aspect of the book should be of interest to scholars in the field of competition law generally.