Behavioural sciences help refine our understanding of human decision-making. Their insights are immensely relevant for policy-making since public intervention works much better when it targets real people rather than imaginary beings assumed to be perfectly rational. Increasingly, governments around the world are keen to rely on those insights for reshaping public interventions in a wide range of policy areas such as energy, health, financial services and data protection. When policy-making meets behavioural sciences, effective and low-cost regulations can emerge in the form of default rules, smart disclosure and simplification requirements. While behaviourally-informed intervention has a huge potential for policymaking, it also attracts legitimacy and practicability concerns. Nudge and the Law takes a European perspective on those issues and explores the legal implications of the emergent phenomenon of behavioural regulation by focusing on the challenges and opportunities it may offer to EU policy-making and beyond.

Legal history has usually been written in terms of writs and legislation, and the development of legal doctrine. Christopher Brooks, in this series of essays roughly half of which are previously unpublished, approaches the law from two different angles: the uses made of courts and the fluctuations in the fortunes of the legal profession. Based on extensive original research, his work has helped to redefine the parameters of British legal history, away from procedural development and the refinement of legal doctrine and towards the real impact that the law had in society. He also places the law into a wider social and political context, showing how changes in the law often reflected, but at the same time influenced, changes in intellectual assumptions and political thought.
Lawyers as a profession flourished in the second half of the sixteenth century and throughout the seventeenth century. This great age of lawyers was followed by a decline in the eighteenth and early nineteenth centuries, reflecting both a decline in litigation and the perception of the law as slow, artificially complicated and ruinously expensive.
In Lawyers, Litigation and Society, 1450-1900, Christopher Brooks also looks at the sorts of cases brought before different courts, showing why particular courts were used and for what reasons, as well as showing why the popularity of individual courts changed over the years.

The collection of rulings publishes the administration of justice by governmental courts in the Federal Republic of Germany pertaining to the relationship of church and state, and also regarding further problems which are characterized by the relevance of religious concerns. The present volume 42 compiles the decisions of the European Court of Human Rights and the European Court of Justice in church matters from 1980 to 2001.

The European Court of Justice has been alluding to 'abuse and abusive practices' for more than 30 years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analyzing case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.

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. Its main activity is the organization 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 positions in these fields. The courses are published in the language in which they were delivered (English and French).

This volume contains the Turkmenistan Civil Code as adopted in December 1998. The translation by William E. Butler is based on the official text and any differences with the Russian language version are noted in footnote annotations. The Turkmenistan Civil Code is unique in the CIS for incorporating as part of its official title the name of the President of Turkmenistan, Saparmurat Turkmenbashi. This gives the Civil Code a special symbolic value in the hierarchy of sources of Turkmenistan Law. Another important feature of the Civil Code is its lack of a section devoted to private international law, or "conflicts of law". Until this position is rectified or clarified, Turkmenistan law is the sole applicable law.

The barristers were the most powerful and prosperous professional group in early modern England. This book systematically examines the barrister's working life during a half-century of rapid growth and structural change within the legal profession. Prest analyzes patterns of professional recruitment, training, and mobility and explores the participation of barristers in the cultural, religious, and political life of Elizabethan and early Stuart England. This is the first book to be published in the Oxford Studies in Social History, under the general editorship of Keith Thomas. The series, which will cover all periods and parts of the world, will include original works of scholarship on a broad range of subjects of interest to historians as well as to scholars working in related fields.

A thought-provoking and engaging guide to the legal, moral, and political issues that arise when the United States goes to war. From the American Revolution to the Bush administration's new type of war on terror, Waging War on Trial views warfare from a legal, social, cultural, and political standpoint. Included are homefront debates during major hostilities, "brushfire" incidents, and how the events of September 11th have shaped our domestic wartime policy. The battle continues today as the President and Congress debate over who begins and ends military operations. Concerns about civil liberties, the draft, and internal security are as relevant today as during the Civil War. Questions arise on how dissenters and minorities are treated and if America can legally control the behavior of our soldiers. It's an intricate interplay between war and America's institutions. A-Z entries on key people such as Oliver Wendell Holmes and Senator Lee Overman, court decisions such as Abrams v. United States and Schenck v. United States, events such as the Gulf War, and issues such as the suspension of the writ of habeas corpus A chronology spanning the history of waging war from 1792, which saw the formation of the Society of Cincinnatus, through 2002, with the United States contemplating war with Iraq

"Trade Remedies: Law of Dumping. Subsidies and Safeguards in China expertly covers an important area of practice where little or no reliable materials existed before. In a world trade environment where China's significance is growing rapidly, this book's value for legal practitioners, trade officials, trade policymakers and academics in international trade law, anywhere in the world, cannot be overstated

The Application of EU Law in the New Member States - Brave New World is a unique volume, providing readers with an in-depth analysis of EU-related legal developments in the twelve new Member States of the European Union. As anticipated, the new Member States have experienced considerable challenges in the transposition and application of EU law. The first five years have also brought a series of controversial decisions of constitutional and supreme courts on the principle of the supremacy of EC law and the position of third pillar legislation in national legal systems. There is also a growing body of highly interesting decisions of lower courts, proving that EU law is slowly making its way and its effectiveness should not be at risk in the long term. Having passed the phase of shyness, domestic courts in at least a few of those countries have already started to send references for the preliminary rulings to the European Court of Justice. Despite some early disappointments, the new references are, in most cases, admissible and very interesting from the substantive point of view. A purely technocratic approach may immediately lead to a conclusion that all these efforts are not sufficient and that the newcomers are underperforming. However, if one takes into account the breadth of the reforms and changes those countries have undergone in the past two decades the conclusion may be different. The emerging picture is quite impressive when economic, political and social factors are taken into account. The countries of Central and Eastern Europe, which had managed to escape the brain draining ruthless Soviet empire, have spent the last twenty years in a deep, multidimensional transformation. Membership of the European Union is yet another challenge they are faced with. One should not think of those countries as children of a lesser God, but rather a Brave New World negotiating its way in the contemporary Europe. This book is important reading for academics, practitioners and civil servants in the EU Member States and candidate countries. Dr Adam Lazowski is Reader in Law at the School of Law, University of Westminster, London, UK.

Judge David Edward has enjoyed a spectacular career. After a substantial, successful period in Scotland, both as a practicing advocate and professor of EC law, he was appointed to the Court of First Instance upon its creation in 1989. He was subsequently appointed to the Court of Justice where he has served for many years. This book has been prepared in honor of his retirement from that position in December 2003. The contributions reflect all aspects of Judge Edward's career as a lawyer, both in Scotland and in Luxembourg. In keeping with the respect with which he is held, contributions have been received from eminent members of the Scottish and Luxembourg judiciary, academics and practitioners. Not surprisingly, the main focus is on community law, with important contributions on competition, institutional, substantive and remedial issues. This book will be an essential addition to the library of anyone with a genuine interest in community law.

Taking advantage of liberal regulations under the current world trade regime that permit the separation of manufacturing from marketing, many pharmaceutical companies (like other companies) outsource the actual manufacture of their products. However, because the quality of medicines is crucial to public health, the pharmaceutical industry is perhaps the most regulated of all industries. In most countries, medicines are controlled prior to their marketing, and their manufacture is carried out under strict supervision. Necessarily, numerous international initiatives have led to elaboration of standards relating to the manufacture and marketing of medicines.These standards impose stringent rules on all parties to pharmaceutical manufacturing contracts. This very useful book provides a comprehensive global guide to the legal issues and procedures involved in outsourcing the manufacture of medicines. It describes the legal requirements relating to the manufacture and distribution of medicines, emphasising the impact of regulatory supervision on the rights and obligations of persons who outsource manufacturing of medicines and on those who provide the manufacturing services.The author provides detailed coverage of such pertinent topics as the following:definition of medicine in different jurisdictions; categories of medicines; manufacturing and importation regulation in numerous jurisdictions worldwide; inspection regimes; good manufacturing practice (GMP); marketing authorization; manufacturing documentation;complaints and product recall; liability insurance; protection of trade secrets; data exclusivity and data protection; deficiencies and delays; and recognition and enforcement of judgements. A significant part of the book is devoted to cross-border problems arising from such matters as conflict of laws or taxation. Indispensable to counsel for pharmaceutical companies of any size, "Contract Manufacturing of Medicines" will also be of great value to practitioners and academics concerned with international trade for its precise, in-depth delineation of the inner workings of a complex and highly significant trade regime.

In the collected essays here, Schlag established himself as one of the most creative thinkers in the contemporary legal academy. To read them one after another is exhilarating; Schlag's sophistication shines through. In chapter after chapter he tackles the most vexing problems of law and legal thinking, but at the heart of his concern is the questions of normativity and the normative claims made by legal scholars. He revisits legal realism, eenergizes it, and brings readers face-to-face with the central issues confronting law at the end of the 20th century.
--"Choice, May 1997"

Pierre Schlag is the great iconoclast of the American legal academy. Few law professors today are so consistently original, funny, and provocative. But behind his playful manner is a serious goal: bringing the study of law into the late modern/ postmodern age. Reading these essays is like watching a one-man truth squad taking on all of the trends and movements of contemporary jurisprudence. All one can say to the latter is, better take cover.
--J. M. Balkin, Lafayette S. Foster Professor, Yale Law School

At a time when complaints are heard everywhere about the excesses of lawyers, judges, and law itself, Pierre Schlag focuses attention on the American legal mind and its urge to lay down the law. For Schlag, legalism is a way of thinking that extends far beyond the customary official precincts of the law.

His work prompts us to move beyond the facile self- congratulatory self-representations of the law so that we might think critically about its identity, effects, and limitations. In this way, Schlag leads us to rethink the identities and character of moral and political values in contemporary discourse. The book brings into question the dominant normative orientation that shapes so much academic thought in law and in the humanities and social sciences. By pulling the curtain on the rhetorical techniques by which the law represents itself as coherent, rational, and stable, Laying Down the Law discloses the grandiose (and largely futile) attempts of American academics to control social and political meaning by means of scholarly missives.

The classic distinction in international relations between mutual assistance in criminal matters and mutual administrative assistance has become diffuse. A blurring of transnational policy issues in the struggle against fraud continues to hamper efficient cooperation between states, despite the increasing interaction of national enforcement agencies supported by automated systems and a growing number of supranational institutions with enforcement powers. Particularly among the member states of the European Union, the disparate law of international cooperation needs to be examined and clarified, in terms both of instruments and of legal guarantees. This book offers an English translation, updated to mid-2001, of a Dutch study which appeared earlier that year. The study was originally commissioned by the Dutch Ministry of Justice, which recognized that the way to clear standards of cooperation lay through in-depth comparative research into the relevant law, practice, and recent experience of several major national jurisdictions. A five-member research group worked with the help of the Willem Pompe Institute of Criminal Law and Criminology, the Foundation for the Promotion of Criminal Law Research, and the Utrecht Faculty of Law's Centre for Enforcement of European Law. In order to focus meaningfully on the theme of combating fraud in its most significant current manifestations, the researchers restricted their study to customs law, fiscal law, and agricultural law in four EC countries. Among the core legal matters investigated are the following: exchange of enforcement data; performance of acts of investigation; the "moment" in each legal system at which it is necessary to switch from administrative assistance to assistance in criminal matters; and the manner in which national systems of evidence deal with evidence from abroad. Based on a close study of legislation and case law in each of the four countries-in addition to numerous personal interviews-the analysis clearly identifies the legal problems, and makes recommendations as to how transnational administrative law and cooperation in criminal matters may be most effectively arranged.

Providing an overview of the legal practice of seizure and overindebtedness in 12 countries of the European Union, this volume explores the issues in the format of separate country reports. Each report systematically addresses the following topics: a description of the law of enforcement and enforceable titles; goods subject to seizure and conservatory methods, with a description of the procedure of seizure; and the possible conflict with respect to seizures by different creditors.

The scope of service provided by professional accountants is influenced by legislation and case law as well as the dictates of a variety of government and private sector agencies: including State Boards of Accountancy, Academic Accreditation Bodies, the United States Securities and Exchange Commission, the Public Company Accounting Oversight Board, independent standard setting bodies such as the Federal Accounting Standards Advisory Board (US), the Financial Accounting Standards Board (US), the International Accounting Standards Board and self-regulatory organizations such as State Societies of CPA and the American Institute of Certified Public Accountants. There are equivalent and emerging local international bodies that exist in most developed countries. It is important for academics, students, practitioners, regulators and researchers to consider, study and understand the role and relationship of such bodies with the practice and content of our discipline.

Research in Accounting Regulation is a refereed annual serial that seeks to publish high quality manuscripts, which address regulatory issues and policy affecting the practice of accountancy, broadly defined. Topics of interest include research based on:

1) Self-regulatory activities.
2) Case law and litigation.
3) Governmental and quasi-governmental regulation.
4) The economics of regulation, including modelling.

This research series aims to encourage the submission of original empirical, behavioural or applied research manuscripts that consider strategic and policy implications for regulation, regulatory models and markets. It is intended for individual researchers, practitioners, regulators andstudents of accountancy who desire to increase their understanding of the regulation of accountancy.

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).

The law of international trade raises questions of great intellectual depth. In Principles of Law Relating to International Trade, the author draws from his practical and teaching experience to give a comprehensive introduction to the key areas of law that apply in international business. For the benefit of readers unfamiliar with the English legal system and the many associated branches of English civil law, the book includes a brief introduction to, among other topics, constitutional, criminal, and employment law. The branches of law directly related to international trade, such as contract, insurance, competition, carriage of goods, and sale of goods, are concisely covered in the main text. Case studies and examples are used to clarify the issues for the non-specialist, making international trade law accessible to those taking professional examinations in this field, as well as business executives. The extensive use of footnotes and inclusion of case commentaries bring into clearer focus the many facets of this complicated subject and would be of benefit to the international trade law specialist.

The re-entry of foreign-based businesses into Cuba will require a complete overhaul of Cuba's laws and legal institutions. It will also require enactment of major new legislation there, designed to enable and facilitate modern business transactions. Travieso-Diaz identifies these necessary legal, political, and economic changes, integrating legal and economic concepts in a way that businesspeople can understand and use in determining when it will be safe for them to reestablish business ties with Cuba. An important, readable resource for corporate management and their academic colleagues specializing in international business, trade, and investment.

Using a practical, results-oriented approach, Travieso-Diaz organizes his book into three parts. In Part One, he discusses the specific political and economic changes that must occur and how U.S. policy must be modified to permit resumption of commerce between the two countries. Part Two covers the main legal concerns of a foreign business entity seeking to invest in Cuba, such as the resolution of property confiscation claims by U.S. and Cuban nationals, the enactment of a suitable foreign investment law, and the development of a program for the privatization of state-owned enterprises. Part Three surveys other legal issues important to foreign investors and to others who prefer trade with Cuba, rather than investment in it. Travieso-Diaz also provides checklists of changes that must occur in each area he covers--trade, investment, privatization--to provide business decisionmakers with a way of determining when it makes sense to enter the Cuban market. He also identifies the laws that the Cuban government must enact, and the most favorable form they should take, to encourage full participation from other nations.

This volume of "Studies in Law, Politics, and Society" presents a diverse array of articles by an interdisciplinary and international group of scholars. Their work spans the social sciences, humanities, and law. It examines new perspectives on political relationships, politics and legal reform, and law and the family. The articles published here exemplify the exciting and innovative work being done in interdisciplinary legal scholarship.

Now in its third edition, Introduction to Greek Law remains the sole comprehensive summary of Greek law in a language other than Greek. In twenty insightful chapters, written by some of the best authorities on Greek law in Greece and in the United States, the book provides both analysis and commentary on the various aspects of theory and practice in contemporary Greek law, concentrating on comparative law aspects and on differences with corresponding concepts in the Anglo-American system and in other European systems. The third edition covers all these areas of substantive law and legal practice and more:
- the Greek Constitution and its relation to international law and the European Union;
- structure and distribution of state powers;
- effect of EC directives;
- regulatory authorities and administrative action;
- judicial organization;
- intellectual property;
- corporations and partnerships;
- labor relations;
- arbitration;
- commercial and maritime law;
- local government;
- legal persons;
- contracts and torts
- marriage, divorce, and filiation;
- succession;
- bankruptcy;
- choice of law and recognition and enforcement of foreign judgments;
- taxation;
- investment incentives; and
- criminal law and procedure.
Of special value is the attention to recent revisions of civil, commercial and procedural laws, particularly in the fields of conflict of laws, procedure, property, obligations, succession, and family law. Bibliographies accompany each chapter, and useful appendices include comprehensive lists of statutes, cases, and international conventions. Introduction to Greek Law has been well-received internationallyin its earlier editions, and the Third Edition, with its thorough updates, is sure to be equally welcomed by practitioners and academics alike.

Environmental taxes, relatively new legal instruments in the late-1990s, are likely to constitute an essential part of countries' efforts to avoid environmental degradation. This work analyzes inconsistencies in various categories of environmental taxes and the non-discrimination provisions of the General Agreement on Tariffs and Trade 1994 and how such conflicts can be resolved within the existing rules. As non-discrimination obligations are fundamental rules in the multilateral trading system, such potential conflicts carry great importance, both for the regime for the liberalization of international trade and for environmental protection measures. The author provides a detailed analysis of the role and nature of environmental taxes. The book assesses the extent to which the relevant provisions of GATT 1994 may impede the use of these taxes, in light of the non-discrimination provisions, the general exceptions, and the rules concerning nullification or impairment of benefits. The work also examines the possibilities of eliminating potential conflicts between environmental measures in general and the provisions of GATT 1994. The book offers an understanding of the complexities of and working with this aspect of international environmental law.

This book points out differences between lawyers and mental health professionals. Its purpose is to help lawyers and mental health professionals understand the role of the other in order to understand each side's perspective and help them work together in a more harmonious manner..