Subrogation means literally 'substitution'. The word is used in the context of English and Commonwealth law to denote a process by which one party is substituted to the position of another, that he may pursue that other's rights against a third party. This book seeks to rationalize the position of the doctrine of subrogation in the law of restitution. Within a systematic analytical framework, it gives a full account of the developing English and Commonwealth law of subrogation, and a selective use is also made of United States decisions. A number of false assumptions which have entered the case-law are exposed, and the principles upon which subrogation should be awarded are set on a regular basis. Subrogation is a remedy which can be awarded in many different contexts, and this definitive account will be useful not only to restitution lawyers, but also to academics and practitioners concerned with the law of property, family law, and commercial law (in particular, the law of insurance, bills of exchange, and principal and surety). This work provides a careful and thorough examination of the law of subrogation as it operates in English law today and as such it will be of invaluable assistance to all commercial lawyers.

During the 1960s and 1970s a remarkable series of books was produced by academic staff in the field of accounting at the University of Sydney. It was a period when academic research was largely analytical rather than empirically-based. For the most part, the interests of academics at Sydney were largely directed at questioning the status quo - either in the way accounting or auditing was practiced, or in the conventional wisdom expressed in text books of the time. The Sydney Accounting Classics series reflects the diversity of interests of the 'Sydney school' at that time. It also recognises the tremendous impact of the foundation professor of accounting, R.J. Chambers. This reprint series ensures that the ideas developed during this period remain available to new generations of scholars and researchers. The Sydney Accounting Classics series is an intiative of the Accounting Foundation, in association with Sydney University Press. Securities and Obscurities: In this book Chambers presents examples of financial practices in the UK, US, Canada and Australia and exposes the deficiencies in reported financial information. Chambers intended the work to be controversial. It continued his contention that precise definitions of accounting terms needed to be agreed upon, to ensure that investors, company directors, auditors and accountants were talking about the same things.

Hiring a lawyer is easy, but getting the lawyer you need for a fair price is another matter. Here is an easy-to-use guide to the lawyer-client relationship, from the initial planning of the search for a good lawyer to dodging the final shock of a hefty bill. Each chapter is an independent source of useful solutions for the "lawyer-challenged:" Do you really need a lawyer and, if so, what kind? How to hunt down the best lawyer with a proven record of success; How to interview the "candidate" lawyer; How to negotiate a fair and motivating fee arrangement; and How to help your lawyer obtain the results you desire while keeping legal expenses down. Published under the Transnational Publishers imprint.

This book explains the emergence and functioning of three forms of governance structures within the context of the European integration and constitutionalization process: comitology, (regulatory) agencies, and the Open Method of Co-ordination. The point of departure is the insight that the intergovernmental/supranational distinction, which most theories of European integration and constitutionalization rely on, has lost its strength. A new paradigm of EU research is therefore needed. Against this background, it is suggested that the distinction between governing and governance provides a more appropriate basis for analyzing the phenomenon of integration and constitutionalization in Europe. The distinction between governing and governance allows for an understanding of the EU as a hybrid consisting of a governing dimension, characterized by legal and organizational hierarchy, and a governance dimension which operates within a network form characterized by legal and organizational heterarchy. The function of governance structures is to ensure the embeddedness of the governing dimension in the wider society. Instead of representing contradictory developments, the two dimensions are therefore mutually constitutive in the sense that more governing implies more governance and vice versa. These theoretical insights are illustrated through two detailed case studies which respectively reconstruct the operational mode of the Open Method of Coordination within EU Research & Development Policy and the regulatory system for the EU chemicals market (REACH). The book is inter-disciplinary in nature and incorporates insights from law, political science, and sociology.

As the various types of global e-business grow rapidly, the need to establish adequate cyberlaws is increased. Reformation of domestic and global laws has been underway; however, the nature of e-business is one of constant technological developments, consistently outdating existing laws. Cyberlaw for Global E-Business: Finance, Payment & Dispute Resolution examines cyberlaw discussions worldwide on topics such as cybercrime and risk management, comparative electronic trading systems of securities, digital currency regulation, jurisdiction and consumer protection in cross-border markets, and case law on international bank transfers. An invaluable resource for policy-makers, business experts, lawyers, scholars, and researchers, this book provides comprehensive research from a global perspective on the legal, technical, and financial implications of e-business.

America has entered its second century of antitrust law. The United States has come through the 1980s of laissez faire when antitrust had its lowest profile since the Hoover days, lawyers advised clients that anything goes, and theorists justified non-enforcement of the law by Chicago School economics--the claim that antitrust exists only to create efficiency and that business freedom creates efficiency. Meanwhile, the European Community has a developing body of antitrust law. It rejects the Chicago School as ignoring market realities, and it incorporates into its law values of opportunity, access, open markets and the right to be free from exploitation. The newly democratized European nations and Russia all have moved to market economies and adopted antitrust law in the image of the European Community, in spite of the carpet baggers trying to sell laissez faire. The Supreme Court of the United States has now reversed the swing of the U.S. antitrust pendulum, rejecting Chicago School theory in favor of market reality and accepting the fact that there is an antitrust right not to be coerced and abused by market power.

What is the intellectual foundation of this new antitrust--this law that respects efficiency, progressiveness, access, and freedom from abuse of power, and which reflects the need of business firms to be active and agile players in a global marketplace? That foundation is contained in Revitalizing Antitrust in its Second Century. This is the only book that provides the underpinnings for the new antitrust. It is the only book that helps the scholar/lawyer/business advisor/student understand the direction of antitrust and how to predict the course of the law. Four of the authors in the book were cited by the Supreme Court in its June opinion; one was cited eleven times. "Revitalizing Antitrust in its Second Century" is an indispensable volume for lawyers, economists, business advisors, sholars and students of law, economics, business and political economy.

The 'rule of law' is more than the mere existence and application of law within the sphere of state activity. Contemporary Chinese debate on the 'rule of law' underlines the limiting of arbitrary government, the materialisation of 'human rights', legal protection of 'rights and interests' and the principle of equality in the impartial legal mediation of conflicts within society's 'structure of interests'. Based upon China interviews and a comprehensive survey of the domestic press and Chinese-language legal journal materials, this book places pre- and post-Tiananmen Square legal reform in political context. The evolving contents of specific laws across the departments of constitutional, administrative, criminal, civil and economic law are assessed in light of the politics and intellectual dynamic of China's legal circles in their struggle to create a 'rule of law'.

This book explains the differences between European countries in the supply and forms of public child care and preschool provisions by reference to the historical context in which these forms originated and to the institutional constraints underlying their development.

The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.

Retired Justice Macklin Fleming argues that in its quest for money, the legal profession has lost sight of its true tasks and responsibilities, with the result that the profession is rife with client dissatisfaction, public distrust, and individual lawyer discontent. Money is now the measure of success, he says, and honesty has been diluted, while fiduciary responsibility has eroded. Fleming elaborates his case with unusual rigor. In the quest for the brass ring of financial success, corner-cutting, absence of candor, and distortions of fact have become increasingly tolerated, to the extent that clients, the public, and lawyers themselves no longer have a sense of trust and confidence in the legal profession. Obviously, changes are needed, and unless they come from within the firms themselves, lawyers can be sure that they will come from individuals, agencies, and organizations outside these firms. Attorneys in all kinds of practices, their clients in all sectors of the economy, and academics concerned with the practice of law in all its dimensions will find Fleming's book informative, challenging, and certainly provocative reading.

Fleming starts by examining what he sees as a paradox: a large increase in lawyers' fees despite a fourfold increase in lawyer numbers and a threefold increase in their proportion of the general population. What happened to the law of supply and demand? he asks. After tracing the history of the large corporate law firm and its dominance within the profession, he shows how cost-effectiveness within large firms has declined while at the same time what he calls the magic of the emperor's new clothes has suspended the law of supply and demand. He discusses excessive legal fees, their resistance to client and court controls, and relates his discussion to the present pervasive distrust of lawyers among the public. Fleming outlines the four existing challenges to business-as-usual by lawyers and law firms, and then ventures his own analysis of the needed future changes in law firms. These include professional law firm management under a less archaic structure, effective integrity and quality controls, cost-controlled delivery of legal services, and increased job satisfaction for its working lawyers.

Traditionally, legal problems arising in connection with international business transactions had to be solved by a national law. This view was challenged in post war scholarly writing and transnational practice. It was argued that transnational rules (such as transnational contracts, general conditions, trade usages, general principles, uniform rules, arbitral cases) should be applied instead. Often, these transnational rules are referred to as lex mercatoria. This volume analyzes the different legal approaches to international business problems (including the theory of lex mercatoria) as well as their implications for international practice. As such, the relevance and importance of substantive law and conflict of laws and of national, international and transnational rules are discussed both with regard to their application by national courts and by international commercial arbitrators.

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken.

And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

Justifying Taxes offers readers some of the elements of a democratic tax law, considered within its political and philosophical context in order to determine the extent of legitimate tax obligations. The objective is to revisit some of the issues in the dogmatics of tax law from the viewpoint of a critical citizen, always ready to ask questions about the justification underlying her obligations, and especially about her paramount burden, viz., the payment of certain amounts of money. Within this purview, special attention is paid to the general principles of taxation. The argument is complemented by a detailed reconstruction of constitutional reasoning in tax matters, close attention being paid to the jurisprudence of the Spanish Tribunal Constitucional. Readership: Legal scholars, political scientists and philosophers. Especially recommended to graduate and undergraduate students of Tax Law, Constitutional Law, Jurisprudence, Philosophy of Law and Political Theory.

As an important contribution to debates on property theory and the role of law in creating, disputing, defining and refining property rights, this volume provides new theoretical material on property systems, as well as new empirically grounded case studies of the dynamics of property transformations. The property claimants discussed in these papers represent a diverse range of actors, including post-socialist states and their citizens, those receiving restitution for past property losses in Africa, Southeast Asia and in eastern Europe, collectives, corporate, and individual actors. The volume thus provides a comprehensive anthropological analysis not only of property structures and ideologies, but also of property (and its politics) in action. Franz von Benda-Beckmann is head of the project group "Legal Pluralism" at the Max Planck Institute for Social Anthropology at Halle, Germany. He is professor for law in developing countries at Wageningen University, the Netherlands and honorary professor at the University of Leipzig. His research in Malawi and Indonesia focuses property and inheritance, social security, decentralization and legal anthropological theory. Keebet von Benda-Beckmann is head of the project group "Legal Pluralism" at the Max Planck Institute for Social Anthropology at Halle, Germany. She is a professor of Anthropology of Law at Erasmus University Rotterdam and honorary professor at the University of Leipzig. Her research focuses on disputing, decentralisation, social security, and natural resources in Indonesia and the Netherlands. Melanie Wiber is Professor of Anthropology at the University of New Brunswick, Fredericton, New Brunswick, Canada. Her research focuses on new forms of property, economic and legal anthropology, natural resource management and especially agriculture and fishery.

The existence of interactions between different but overlapping legal systems has always presented challenges to black letter law. This is particularly true of the relationship between international law and domestic law and the relationship between federal law and the laws of individual federation members. Moreover some organisations have created their own supranational constitutional systems: the United Nations Charter is the best known, and is often referred to as the 'World Constitution', but the European Court of Justice in Luxembourg views the European Treaties as a 'Constitutional Charter' for Europe, while the European Court of Human Rights has defined the European Convention on Human Rights as a constitutional instrument of 'European public order'. It is in the dynamic relationship between domestic constitutional laws, EU law, the ECHR and the UN Charter that the most persistent difficulties arise. In this context 'interordinal instability' not only provokes strong academic interest, but also affects what has been called 'governance' or 'global government' and undermines both legal certainty and individual fundamental rights. Different solutions - constitutionalist and pluralist - have been explored, but none of them has received global acceptance. In this book Luis Gordillo analyses the interordinal instabilities which arise at the European level, focusing on three main strands of case law and their implications: Solange, Bosphorus and Kadi. To solve the difficulties caused by this instability Gordillo proposes a form of soft constitutionalism, which he calls 'interordinal constitutionalism', as a means to bring order and stability to global legal governance. The original Spanish thesis on which this book is based was awarded the Nicolas Perez Serrano Prize by the Centro de Estudios Politicos y Constitucionales, for the best dissertation in constitutional law 2009-2010.

In dealing with recent advances in biological engineering and human reproduction, we are confronted with legal, ethical, and religious questions for which there are no precedents. Warren Freedman undertakes a comprehensive examination of this topic. Sorting through the tangle of issues surrounding artificial insemination, surrogate motherhood, and other aspects of contemporary reproduction trends, Freedman attempts to clarify the rights and responsibilities of individuals, families, and society in the face of these new developments.

The author begins with a survey of the legal implications of nontraditional approaches to conception and birth. Separate chapters are devoted to artificial insemination and surrogate motherhood; and new concepts such as cryo-preservation, in-vitro fertilization, banking of sperms and eggs, and patentable new organisms are also discussed in detail. The author addresses questions of rights and liabilities as they apply to fetuses, donors, and adoptive parents, as well as the role of physicians and parenthood organizations, researchers, corporations, and government. Following a review of existing statutes, policies, and contracts that attempt to deal with these issues both here and abroad, he presents proposals that may aid in achieving equitable, uniform solutions. Freedman's book will be of interest to any citizen, group, or government agency concerned with these vital questions, and to professionals in law, government, medicine, human services, and industry.

This volume elaborates a theory of constitutional politics, the process through which the discursive practices and techniques of constitutional adjudication come to structure the work of governments, parliaments, judges, and administrators. Focusing on the cases of France, Germany, Italy, Spain, and the European Union, the book examines the sources and consequences of the pan-European movement to confer constitutional review authority on a new governmental institution, the constitutional court. Detailed case studies illustrate how and to what extent legislative processes have been placed under the influence of constitutional judges. In a growing number of policy domains, these judges function as powerful, adjunct legislators. As constitutional courts have consolidated their position as authoritative interpreters of the constitutional law, and especially of human rights provisions, the work of the judiciary, too, has gradually been constitutionalised. Today, ordinary judges seek to detect violations of the constitution in their application of the various codes, and to rewrite statutes that they deem unconstitutional Alec Stone Sweet argues that constitutional adjudication construct

The volume contains articles from high-ranking experts from politics and academia of different Member States about the basic principles of the actual constitutional law of the European Union and its need of reform through a Constitution for Europe. By analysing the rules to govern a Europe of 25 and in time 28 and more Member States the publication intends to make a contribution to the emerging "Ius Publicum Europaeum."

The manner in which time is institutionalized is critical to how a political system works. Terms, time budgets and time horizons of collective and individual political actors; rights over timing, sequencing and speed in decision-making; and the temporal properties of policy matter to the distribution of power; efficiency and effectiveness of policy-making; and democratic legitimacy. This book makes a case for the systematic study of political time in the European Union (EU) - both as an independent and a dependent variable - and highlights the analytical value-added of a time-centred analysis. The book discusses previous scholarship on the institutionalization of political time and its consequences along the dimensions of polity, politics and policy; reviews dominant perspectives on political time, which centre on power, system performance and legitimacy; and presents case studies that illustrate the importance of time in the governance of the EU.

This book was original published as a special issue of Journal of European Public Policy.

This text's pedagogic approach sets this book apart from the literature by helping the student to engage with complex and detailed legal concepts The modern, attractive layout enhances the visual appeal of the text and thus the learning experience Numerous citations, quotations and extracts mean that students will be exposed to primary sources of legal language Cases and judgments are highlighted making them easy to find for cross-reference and revision Concepts and terms are explained clearly allowing for maximum accessibility and understanding www.unlockingthelaw.co.uk provides free interactive mcqs as well as updates to the law www.hodderplus.co.uk/law provides free interactive MCQs as well as updates to the law

The five versions of the comprehensive settlement plan for Cyprus, which UN Secretary-General Annan tabled between 2002 and 2004, raised a variety of international law and European law questions. This book contains the first systematic analysis of the Annan plan, thereby providing an overview of the legal aspects of the Cyprus problem. It also discusses how the plan was intended to be accommodated in the European legal order. Did it comply with the fundamental principle of democracy, rule of law and human rights? Would a united Cyprus have been able to speak with one voice and to implement EU law properly? The Author, who has worked both for the European Commission and for the UN Special Advisor on Cyprus, presents a precise account of facts and thorough legal assessments. He also tackles current legal problems arising out of Cyprus' membership in the EU and the suspension of the "acquis communautaire" in the northern part of Cyprus. He finally analyses how the question of recognition affects the relations between Cyprus and Turkey. The book is an ideal choice for practitioners and researchers because it combines first hand information on the most recent developments on Cyprus with legal evaluations from an international official trained in international and European law.

The interpretation and application of the rules of international and regional trade is becoming an increasingly specialized field. This study provides an in-depth analysis of the core legal concepts characterizing the two most prominent and successful efforts in the regulation of international trade to date. Adopting a comparative method, it analyzes the basic legal instruments employed by the EU and the WTO for the purpose of liberalizing trade in goods among their respective Members. To this end, this study offers a fresh look at the principles underlying the basic rules of international trade law, including the prohibition of border measures, the principle of non-discrimination on grounds of nationality, and the principle of reasonableness.

"Martin should be commended for finding a niche in this vast literature and managing to say something original ... His book is worth reading because it reminds us of an important aspect of Enlightenment thinking, one that questioned the freedom of the will." . H-France

..". strongly recommended for specialists and advanced scholars of the period." . History: Review of New Books

..". a valuable contribution to the institutional history of the Jacobin clubs." . Canadian Journal of History

What view of man did the French Revolutionaries hold? Anyone who purports to be interested in the "Rights of Man" could be expected to see this question as crucial and yet, surprisingly, it is rarely raised. Through his work as a legal historian, Xavier Martin came to realize that there is no unified view of man and that, alongside the "official" revolutionary discourse, very divergent views can be traced in a variety of sources from the Enlightenment to the Napoleonic Code. Michelet's phrases, "Know men in order to act upon them" sums up the problem that Martin's study constantly seeks to elucidate and illustrate: it reveals the prevailing tendency to see men as passive, giving legislators and medical people alike free rein to manipulate them at will. His analysis impels the reader to revaluate the Enlightenment concept of humanism. By drawing on a variety of sources, the author shows how the anthropology of Enlightenment and revolutionary France often conflicts with concurrent discourses.

Xavier Martin is a Historian of Law and Professor at the Faculty of Law, Economics and Social Sciences at Angers University. He has published extensively on the ideology of the French Revolution and on the Code Civil of 1804."

Written for both executives in large organizations and students of business and management policy, this book examines the externally imposed costs of production in the United States and its major competitors abroad. The principal focus is on the costs of legal and regulatory compliance, although costs imposed by market forces--such as employee health insurance--also receive extended coverage. Using corporate case examples, the author examines how each of these types of costs affects various business operations and presents practical guidelines for dealing successfully with the costs themselves and the systems through which they are imposed.

Following an introductory chapter on the nature of externally imposed costs, the author presents an overview of the relationships between law, regulation, and the market. Subsequent chapters offer an extended treatment of the impact of the litigation system on the cost of doing business. In addition to discussing issues such as product liability, malpractice, wrongful dismissal, and patents, Chinloy also explores alternatives to the tort litigation system. A separate chapter devoted to an international comparison of litigation as it affects business includes a detailed analysis of Japan's legal system as well as coverage of nontariff barriers. The final chapters address the costs imposed by government regulation and those that result from market forces.