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Books > Law > Laws of other jurisdictions & general law > General
Controversial social problems currently facing Americans are addressed in these 12 astute bibliographic essays that synthesize the literature on the issues and outline strategies for locating additional information. A few of the issues covered are media and popular culture; public policy and government; law and the administration of the justice system; poverty, welfare, and unemployment; child care and elder care; hunger and nutrition; homelessness; and children and the changing American family. The essays provide thoughtful examinations of the issues, discuss possible resolutions, and present lists of resources for further study. An essential purchase for college and university libraries, this work is also appropriate for high school libraries and medium to large public libraries. It can be used as a supplementary text for sociology, social work, public policy, family studies, education, and nursing courses that involve the study of contemporary social issues, and as a handbook by practitioners i
The classic debate surrounding the prolific role of the European Union in defining spheres of competence and power relationships has long divided scholarly opinion. However, in recent years, the long-standing acquiescence to the broad powers of the Union has given way to the emerging perception of a competence problem in Europe. For a long period it was taken for granted that the European Community could act whenever its action was justified on the basis of the widely interpreted objectives of the Treaties. However this context has since changed. There is a widespread perception of a competence problem in Europe and the overabundance of provisions limiting the Union's competences is one of the most obvious marks left by the Lisbon Treaty. This book discusses the extent to which the parameters of power throughout the Union and its Member States have been recast by the recent implementation of the Lisbon Treaty and doctrines developed by the European Court of Justice. Comprised of contributions from a vast array of leading practitioners and academics in the field of EU Law, this volume assesses the debate surrounding the political identity of the European Union, and further illustrates the relevance of the Federal theory of sharing competences for the development of EU Law. Finally, the question of new potential limits to Union's competence is addressed. If anything, this broad reflection on the notion of competence in the EU law context is a way of opening up the question of the nature and contours of the political identity of the European Union.
This book grew out of a symposium held in the University of Aberdeen in May 2000. It examines the extent to which the European Union has brought about and should bring about convergence of law in Europe,in particular, but not exclusively, public law in Europe. Rather than focusing narrowly on the Intergovernmental Conference process, the book engages those who wish a detached and, at times, theoretical examination of the politics of institutional reform in the EU (Michael Keating and Joanne Scott); of the legal techniques for accommodating diversity within the Union and the process of treaty making or constitution building in the EU (Deirdre Curtin, Ige Dekker, Bruno de Witte and Carole Lyons); the cross-fertilisation of administrative law concepts between the EU level and the national level (Chris Himsworth, Ton Heukels and Jamila Tib); the need for and legitimacy of a European Union competence on human rights (Grainne de Burca, Paul Beaumont and Niamh NicShuibhne); and whether private law and public law differ in the extent to which they go to the heart of (reflect) national culture and therefore in the extent to which they are amenable to convergence (Carol Harlow, Pierre Legrand and Neil Walker).
European integration confuses citizens and scholars alike. It appears to transfer power away from national capitals towards Brussels yet a close study of the EU reveals the absence of any real leap towards supranationalism. The EU is dominated by cooperation between national representatives and national officials yet it continually appears to us as something external and separate from national political life. This book takes on these paradoxes by arguing that European integration should no longer be studied as the transcendence of states or as merely an expression of national interests. Rather, we should approach it as a process of state transformation. This transformation is from nation-state to member state. The book explores in detail the concept of member state, arguing that it provides us with the best tool for understanding the European integration process. Member states differ from traditional nation-states. They are not founded on the idea of popular sovereignty or the nation. They rest upon the idea that the governance of domestic societies requires external frameworks of rule that can bind the hands of national politicians. National authority is thus exercised through external rules and norms. Member statehood differs from earlier forms of statehood because it rests upon a presumption of conflict between state and society rather than an identity of interests between ruler and ruled. The book outlines in empirical detail these mysteries and paradoxes of European integration. It then outlines in detail the theory and history of member statehood. It applies the concept of member state to the study of two EU policy areas: macro-economic governance and foreign and security policy.
The legal scholarship of the National Socialist and Fascist period of the 20th century and its subsequent reverberation throughout European law and legal tradition has recently become the focus of intense scholarly discussion. This volume presents theoretical,historical and legal inquiries into the legacy of National Socialism and Fascism written by a group of the leading scholars in this field. Their essays are wide-ranging, covering the reception of National Socialist and Fascist ideologies into legal scholarship; contemporary perceptions of Nazi Law in the Anglo-American world; parallels and differences among authoritarian regimes in the Third Reich, Austria, Italy, Spain, and Vichy-France; how formerly authoritarian countries have dealt with their legal antecedents; continuities and discontinuities in legal thought in private law, public law, labour law, international and European law; and the legal profession's endogenous obedience and the pains of Vergangenheitsbewaltigung. The majority of the contributions were first presented at a conference at the EUI in the autumn of 2000, the others in subsequent series of seminars.
Death camps are the most enduring image of the Holocaust, but they were only the final expression of a destruction process that began in 1933. In that year the Nazi regime mobilized members of an entire society to destroy their neighbors. Lawmakers, judges, attorneys, and the rest of the legal system played a crucial role in reassuring good Germans that a war on Jews was legitimate. Nazi Justiz emphasizes the prewar years of a robust Western European nation at peace with all countries. Such emphasis demonstrates that a Holocaust can happen in any country sharing the heritage of Western civilization, and warns of the inevitable outcome once ordinary people are targeted in a destruction process. Using original decrees, court decisions, and first-hand recollections of participants, Nazi Justiz documents how the German legal system transformed itself into a criminal organization. We see not only how the legal system shaped everyday life, but how good Germans and the business community benefited from the Holocaust. Germany in the 1930s-before the war-is emphasized. Such emphasis demonstrates that a Holocaust can happen in any country sharing the heritage of Western civilization, and warns of the inevitable outcome once ordinary people are targeted in a process of destruction. No other book has so much information on the Holocaust in peacetime Germany; indeed, the chapters on property confiscation and residential concentration are unique. With a richness of detail evoking an immediacy normally found in novels, Nazi Justiz offers a chilling portrayal of persons filled with so much goodness that they become oblivious to horrors they cause.
Throughout history, works of literature have helped to shape public discussion of social, legal, and political issues. In this book, Barry R. Schaller draws on examples from American literature in presenting an analysis of the legal aspects of several major problems facing our society. After identifying the key legal relationships in society, the book focuses on problems of violence, loss of authority, diminished faith in the American dream of progress, and the challenges posed by immense social and technological change. The author offers a set of standards to serve as a guide to effective judicial decision making and to assist the public in evaluating the soundness of those decisions.
Rapid changes in communications technology continue to characterize the industry and to necessitate repeated redefinition of the legal structures and issues which must respond to these changes. Donald E. Lively's in-depth study of communications law clarifies its basic concepts and principles. He provides a thorough survey of the press as it was originally perceived by the Constitution and how its profile has changed due to the sophisticated nature of today's media. The book shows how broadcasting, cable, and common carriage disperse a wide range of information--requiring continual monitoring to preserve the balance between responsibility and freedom of the press. This complex issue is first studied from a broad conceptual perspective that reviews the original constitutional and non-constitutional concerns of the first amendment, followed by an analysis of how the structures of the newspaper, broadcasting, cable and common carrier industries have been regulated, and concludes with a history and evaluation of the guidelines which restrict the quantity and quality of content. The identification of trends in the ownership of twentieth century information sources and the effect of the current decentralization of ownership on the public's access to information are fully examined, and the laW's continually evolving attention to the changing dynamics within the industry evaluated for the present and projected for the future.
Exam board: AQA Level: A-level Subject: Law First teaching: September 2017 First exams: Summer 2019 This title has been selected for an AQA approval process. Accurately cover the breadth of content in the new 2017 AQA A-level specification with this textbook written by leading Law authors, Jacqueline Martin, Richard Wortley and Nicholas Price. This engaging and accessible textbook provides coverage of the new AQA A-level Law specification and features authoritative and up-to-date material on the important changes to the law. - Book 2 includes the second section of all mandatory units and both the Human Rights Law and Contract Law optional units. - Important, up-to-date and interesting cases and scenarios highlight key points. - Discussion and activity tasks increase your students' understanding of more difficult concepts. - Practice questions and 'check your understanding' questions to help you prepare for your exams. Authors: - Jacqueline Martin LLM has ten years' experience as a practising barrister and has taught law at all levels. - Richard Wortley has taught law at all levels. He has held a number of examining and assessing roles over the past 25 years. He retired from a management position in a large FE College to work freelance in law teacher support, writing and assessment work. - Nicholas Price is an experienced teacher of Law and an A-Level Law textbook author.
Today, the debate over reparations--whether African-Americans
should be compensated for decades of racial subjugation--stands as
the most racially divisive issue in American politics. In this
short, definitive work, Alfred L. Brophy, an expert on racial
violence, regards the debate over reparations from the 1700s to the
present, examining the arguments on both sides of the current
debate. Taking us inside litigation and legislatures past and
present, examining failed and successful lawsuits, and reparations
actions by legislatures, newspapers, schools, and businesses,
including apologies and truth commissions, this book offers a
valuable historical and legal perspective for reparations advocates
and critics alike.
The casebook introduces students to the reasons for regulation, the ways in which regulation can go awry, the choice of legal institutions, the choice of regulatory instruments, and the art of statutory interpretation. The book uses several substantive subject areas as recurring themes, all involving the regulation of risk. The primary market for this casebook are law students taking a course on the Regulatory State; a secondary market may be found in schools of public policy.
Although its concern is jurisprudence, The Tapestry of the Law is intended to offer neither an original theory of or about law nor an account of other people's theories in textbook form. It is, rather, an attempt to approach the subject without following either of these conventions. The reasons are as follows. Those engaged in legal theory are prone to assert that one cannot properly understand the law unless one takes a jurisprudential approach - preferably their own - to it. Equally, those engaged in exposition of the law may counter that legal theory fails to pay adequate attention to actual law. There is at least some truth in these claims. Analyses, courses and textbooks on both sides do often seem to be produced without reference to the other. Yet such isolation is probably more apparent than real. Most, if not all, so-called "black letter" lawyers do operate on the basis of certain jurisprudential understandings, even if these are not articulated ones. In the frequently quoted words ofF C S Northrop: There are lawyers, judges and even law professors who tell us they have no legal philosophy.
This book provides invaluable insights to one of the most difficult areas of European integration. Public procurement represents an instrument of policy choice for governments and its regulation interacts with a variety of policies, including the promotion of competition, employment, social policy, and environmental protection. The author vividly elaborates on the in-built flexibility of the newly enacted rules and provides a codified analysis of their interpretation by the EU judiciary. Finally, considerable debate is dedicated to future dimensions of public procurement regulation in the form of public private partnerships and concessions.
Mexican Law provides an overview of the Mexican legal system. In addition to setting forth rules and legal doctrines (with reference to the practical application of the law), this volume surveys the key institutions that make and enforce the law in Mexico, and places them in their historical and cultural context. The book makes frequent comparisons to United States legal doctrines and institutions, and provides a foundation for understanding the roles of law and legal institutions in shaping public and private life in Mexico.
The law and politics of European integration have been inseparable since the 1960s, when the European Court of Justice rendered a set of foundational decisions that gradually served to 'constitutionalize' the Treaty of Rome. In this book, Alec Stone Sweet, one of the world's foremost social scientists and legal scholars, blends deductive theory, quantitative analysis of aggregate data, and qualitative case studies to explain the dynamics of European integration and institutional change in the EU since 1959.
In this era of globalisation, different legal systems and structures no longer operate within their own jurisdictions. The effects of decisions, policies and political developments are having an increasingly wide-reaching impact. Nowhere is this more keenly felt than in the sphere of European Union law. This collection of essays contributes to the co-operative search for interpretative and normative grids needed in charting the contemporary legal landscape. Written by leading lawyers and legal philosophers, they examine the effects of law's de-nationalisation by placing European law in the context of transnational law and demonstrate how it forces us to rethink our basic legal concepts and propose an approach to transnational law beyond the dichotomy of national and international law.
New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER
Hardbound. Research in Law and Economics is a highly respected source of proactive, original perspectives on law and economics. For the researcher, this latest volume offers a diverse set of papers, each one a constructive contribution. The papers address: how the Supreme Court can clarify and rationalize the payment of pre-judgment interest; what is meant or should be meant by economic efficiency; the length of various statutes of limitations for accident cases; implications of the court congestion hypothesis of Posner and Priest; the efficiency of medical malpractice insurance; and the effects of hospital competition on Medicaid share.
This book acquaints readers with the two most important
skills-legal research and writing-and approaches each problem and
exercise from a different legal subject area. By discussing
problem-solving techniques in a wide variety of topics, this book
successfully increases student levels in
The Oxford Companion to American Law provides a comprehensive A-Z guide to the main lines of American law, including the institutions, doctrines, concepts, people, events, and cases that have given and continue to give shape to it.
This book of essays,the product of a conference held at the University of Birmingham in the spring of 1998, contains contributions from a group of extremely distinguished scholars in the fields of both public and private law. The meaning of proportionality is examined in a number of different contexts, including those of EC law, the domestic law of the Member States of the EU and the law of the European Convention on Human Rights. Its substantive content and procedural implications are analysed and contrasted, in particular, with the concept of Wednesbury unreasonableness. Its use in criminal and anti-discrimination law is also examined, as is its future likely impact in the UK after incorporation of the European Convention. Contributors: Paul Craig, Evelyn Ellis, David Feldman, Nicholas Green QC, Lord Hoffmann, Francis G. Jacobs, Jeremy McBride, Takis Tridimas, Walter van Gerven.
This handbook delivers a useful introduction to the European Union
through an in-depth analysis of the legal system of the European
Union. The analysis is complemented by a survey of the evolution
and structure of the Union and its institutions.
Rapid growth in financial services regulation in many countries has led to demand for high quality data about agencies and institutions involved in national and international regulation of the accounting sector. This major new publication provides detailed, consistently presented information for some 150 institutions globally. It covers organizations with regulatory responsibilities, whether primary or secondary, for the accounting profession on both national and international levels. Invaluable data provided for each institution include: * Scope of Regulation; * Legal Basis; * Financing; * Key Personnel and Organizational Structure; * History; * Current Regulatory Developments; * Regulatory Objectives; * Activities and Implementation; * Measures to Ensure Compliance; * Accountability; * Complaints and Redress; * Relationships with other Regulatory Bodies; * Principal Publications The information provided for each regulatory body has been reviewed by a leading law firm in each jurisdiction. |
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