The Rome II Regulation on the Law Applicable to Non-Contractual Obligations introduces a single choice-of-law regime for tort and other non-contractual obligations. The Regulation has huge implications for international litigation relating to traffic accidents, product liability, environmental damage and infringement of intellectual property rights, for example. This book contains analysis of the Regulation by 15 experts from Europe and North America. It examines the core concepts and assesses the likely impact of the Regulation on claims for tort and unjust enrichment. It is an indispensable guide to the Regulation for legal practitioners, academics and students.

While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.

'They have built a dam across the rivers of justice and then they complain of the drought in the field below.' - With these stinging words W. Clarke Durrant III, then Chairman of the Legal Services Corporation, admonished the American Bar Association in 1987 for its use of monopoly prices to exclude less affluent Americans from access to civil justice.The Right to Justice reviews the history of legal services in the US from its origins in the 1890s to the multi-million dollar Federal program of the late 20th century. But this is no ordinary text. Charles Rowley skilfully shows how government transfers tend to be dissipated in competitive rent-seeking by special interest groups, that much of what is left tends to be subverted to the agendas of the more powerful groups and that the residuals tend to be inefficiently managed by a poorly monitored and ideologically motivated supply bureaucracy. The upshot is that customer preferences play little or no role in the allocation of resources within the legal services budget. In a veritable tour de force, Charles Rowley places the US Federal legal services program on the scholarly rack of public choice - which analyses individual behaviour in terms of universal self-seeking motivations in a political market. He offers a convincing unique explanation of the forces that have subverted a well meaning attempt to assist poor Americans into a co ordinated attack on the central institutions of the family, capitalism and of Madisonian Republicanism which together constitute the essence of the American dream.

"Constituting Modernity" originated from a critique of a liberal understanding of property relation as one between a person and a 'thing'. States are perceived to be fundamental obstacles on the way to an individual's appropriation of the "thing." State intervention is often considered to be a reason for a presumed absence of private property in non-European contexts. The research presented here contests these assumptions from different perspectives, both in a European and non-European context. As multi-disciplinary as it is wide-ranging, the work ranges from the practices of the 19th century Ottoman administrative government in the constitution of private property rights to the practice of cadastral mapping in British India. These essays, carefully prepared in full collaboration as part of a unified research program, cover Ottoman and British land laws, property rights in the British colonies, and the notion of property as a contested domain and a site of power relations in 19th century China. No such interdisciplinary study of private property exists. "Constituting Modernity" will not only set the tone of much research to come, but reworks the fundamental theory behind the scholarship to date.

The Charter of Fundamental Rights of the European Union includes, in addition to the traditional civil and political rights, a large number of rights of an economic or social nature. This collection of essays by leading scholars in this field considers the significance of the inclusion of such rights within the EU Charter, in terms of protection of individual and collective social and economic interests within and between the EU and its Member States. What differences might it make to EU law and policy (both in terms of its substance, and in terms of the processes by which it is formed), that certain economic and social rights are proclaimed in the EU Charter?

A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrets and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index

Discussion of trade barriers has come round - inevitably it seems - to national regimes of regulatory protection. Indeed, state regulation has the potential to undermine the very legitimacy of the global trading system. A compelling reconciliation between these two paramount values is essential. This text has a twofold purpose: to consider what has so far been accomplished in this mission in the field of international economic law, and to prescribe some solutions to continuing problems. This latter endeavour amounts to a coherent and integrated plan that will enhance the acceptability of free markets to governments, traders, and other stakeholders alike. The challenges analysed in depth here include: the development in the global trade regime of non-trade policy objectives, which still tend to be treated as mere exceptions to general obligations; the built-in emphasis on products rather than measures; the novel risks associated with the development of modern technology; the case-by-case approach of WTO jurisprudence, which generally fails to investigate whether the substance of any given domestic regulation is necessary to the policy goals of the state in question; and the "technical and economic feasibility" of complying with international trade obligations. The author conducts his analysis in a broad context encompassing the WTO system, the European Union, and the North American Free Trade Agreement. He finds that the clash, despite the particular institutional characteristics of these various organizations, is a major concern of them all. The jus gentium of international trade, he offers, is an imperative combining the good faith principle with the communitarian duty to cooperate. Exactly how to go about ordering this imperative is what this book is about.

How are rights and freedoms best protected? The American model of constitutional protection and judicial review has been adopted in a number of countries,most recently in the United Kingdom. Increasingly, rights are the province of the judiciary. But how much judicial review do we need? How do we resolve conflicts between liberty, equality, and democracy? What are group rights, and how strong is their claim to protection? What guidance can the decisions of the UN Human Rights Committee provide? These are some of the questions discussed in this collection of essays, which explores a range of contemporary issues in jurisdictions including the United States, Canada, New Zealand, and the United Kingdom. Contributors include Justice Antonin Scalia of the United States Supreme Court, Justice Ian Binnie of the Supreme Court of Canada, Justice Eddie Durie of the High Court of New Zealand; James Allan, Andrew Butler, Hilary Charlesworth, Scott Davidson, Elizabeth Evatt, Murray Hunt, Andrew Sharpe, and Jeremy Waldron.

A succinct, clear, and accessible introduction to the role and place of law in modern society, this addition to the 'Clarendon Law Series' explores the idea that the legal system is a highly developed social system, which has a distinct character and structure, and which shapes and influences behaviour.

This book provides an account of the development of the European Union, from a relatively specialized organ of economic cooperation in the 1960s to the complex, quasi-federal entity that today governs over an increasingly diverse set of policy domains. The book is a must for anyone interested in understanding the past and future of European integration and supranational governance.

This book investigates the role of law in confronting major societal transformations embodied by the emergence of nanotechnologies. Taking the case of the European Union, it explores who the key decision-makers in the regulation of nanotechnologies are and how they take decisions. The questions are explored through two distinct case studies: the food and chemicals sectors. The book charts an incremental retreat of the European Union to its executive powers, including 'soft law' measures such as agencies' guidelines or implementing measures. This, the author argues, results in the Union's fundamental democratic control mechanisms, the EU legislature and the Court of Justice of the EU, being circumvented. The book recommends several immediate proposals to reform EU risk regulation, advocating a greater reliance on the European Parliament and outlining measures to increase the transparency of guidance drafting by EU agencies. This important work provides a timely examination of how emerging technologies pose both regulatory and democratic challenges.

Good governance, that is, effective government based on non-arbitrary decision-making, is central to a country's successful development or transition to a market-oriented economy. This Manual explores the critical relationship between law making and development. It aims to equip legislative drafters with the conceptual tools and specific techniques they need to draft laws likely to bring about the institutional transformation necessary for good governance. Designed as a practical aid for practitioners in the developing and transitional worlds, this work demonstrates how, within constitutional and other limits, a drafter should structure a bill, provides instruction in drafting amendments and subordinate legislation, and describes the skills required to write the clear, unambiguous and readily-interpreted provisions required to achieve a bill's policy objectives. It provides a model for a research report that, based on facts and logic, will justify the bill's detailed provisions and demonstrate that the responsible agency will implement them effectively. The final section focuses on drafting laws to facilitate government decision-making in accordance with the rule of law. In particular, it suggests devices for drafting defensively against corruption, thus providing the legislative environment essential for successful transition and development.

Renmin Chinese Law Review, Volume 4 is the fourth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China. This book deals with the study of Chinese law and the reality of Chinese legality and society. Several chapters focus on the recent development and inspirations of new legal realism, including its implications for civil law, public regulation and security. The book also explores copyright and patent law, considering the draft amendment of the China Copyright Law through up-to-date case studies. This astute and contemporary work will appeal to scholars of Chinese law, society and politics, members of diplomatic communities as well as legal and governmental professionals interested in China. Contributors include: R. Chai, G. Chen, J. Deng, W. Jin, Z. Liang, H. Ma, Y. Ma, J. Shi, C. Wang, Q. Wang, Z. Yu, Q. Xiong, G. Xu

The book examines how the interests of the member states, which provide the primary driving force for developments in European integration, are internalised and addressed by the law of the European Union. In this context, member state interests are taken to mean the policy considerations, economic calculations, local socio-cultural factors, and the raw expressions of political will which shape EU policies and determine member state responses to the obligations arising from those policies. The book primarily explores the junctions and disjunctions between member state interests defined in such a manner and EU law, where the latter expresses either an obligation for the member states to comply with common policies or an acceptance of member state particularism under the common EU framework.

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"This timely book urges readers to look at the courthouse afrom a faith contexta].a [A]n exciting picture of the relationship between pluralistic faiths and law."
--"Choice"

aA truly remarkable collection of first rate essays by a variety of scholars, one more illuminating than the other.a
--Amitai Etzioni, author of "Security First: For A Muscular, Moral Foreign Policy"

aA tremendous addition to the literature bounded by the topics of ethics, religion, public policy, and law. . . . A remarkable contribution in its conception and execution.a
--Ellen S. Pryor, Dedman School of Law, Southern Methodist University

The relationship between religion and the law is a hot-button topic in America, with the courts, Congress, journalists, and others engaging in animated debates on what influence, if any, the former should have on the latter. Many of these discussions are dominated by the legal perspective, which views religion as a threat to the law; it is rare to hear how various religions in America view American law, even though most religions have distinct views on law.

In Faith and Law, legal scholars from sixteen different religious traditions contend that religious discourse has an important function in the making, practice, and adjudication of American law, not least because our laws rest upon a framework of religious values. The book includes faiths that have traditionally had an impact on American law, as well as new immigrant faiths that are likely to have a growing influence. Each contributor describes how his or her tradition views law and addresses one legal issue from that perspective. Topics includeabortion, gay rights, euthanasia, immigrant rights, and blasphemy and free speech.

In March 2010, the European Higher Education Area was officially launched, proclaiming the culmination of a ten-year timeframe projected at Bologna in 1999, when the education ministers of 29 European states signed a declaration that would fundamentally influence the future of their higher education systems. Forty-seven countries, including all EU Member States and other countries as far afield as Kazakhstan, now take part in the so-called 'Bologna Process'. Remarkably, this vast enterprise, which has led to rapid and sweeping changes in almost all higher education systems in Europe, has taken place outside the framework of the European Union and the Council of Europe. In fact, as this important legal analysis shows, it appears that with the Bologna Process the Member States have tried to sidestep the EU's growing influence on higher education. Although the Bologna Process has generated an impressive literature addressing what it might mean, where it suddenly came from, and how it has become so powerful, until now the legal implications of the process, and its tense relationship with EU law, have been left almost entirely unexamined. This work fills that gap. Among the often controversial issues raised are the following: * avoidance of the democratically legitimate procedures of the EU's institutional framework for cultural reasons connected with state sovereignty; * the scope of EU legal competence for various kinds of activities in the educational sector; * specific areas of overlap between EU law and the Bologna Process and their implications; * voluntary intergovernmental cooperation as a paradigmatic global shift of internationalization policies in education; * the idea that the university is being redefined, from a social institution to an industry; * the increasingly influential role in the process, by means of funding and coordination, of the European Commission; * financial support programmes and devices to enhance credit and degree recognition; * students as recipients of services; and * teachers and the free movement of workers. The author describes how the scope of the Bologna Process was significantly broadened during a series of meetings during the decade, analyses the relevance of the case law of the European Court of Justice and provides a detailed description of the adoption of the process into the national laws of France, Germany and the United Kingdom. A concluding normative assessment scrutinizes the process on the basis of democracy, transparency and accountability. As the first study of the legitimacy of Bologna from a European law perspective - and by extension of the 'Europeanization' of higher education, including the role of the EU, EU law, and law in general - this is a critically important contribution to a contentious debate that clearly holds great significance for the future of law and society. Educators and education policymakers are sure to read and study it with interest.

This book introduces economic analysis of private law institutions and provides useful overview of current research.

Robert Williams attempts to write Indians back into Indian law by developing a greater appreciation for the contributions of American Indian legal visions and demonstrating how ancient treaty visions can speak to the modern, multicultural age. Prior to European colonization, in countless treaties, councils, and negotiations, American Indians had adhered to the principles contained in traditional rituals such as the Gus-Wen-Tah, the sacred treaty belt, for achieving justice between different peoples. Throughout the seventeenth and eighteenth centuries, the survival of the European colonies in North America required reaching accommodation with surrounding Indian tribes. However, European Common law and the white man's Indian law eventually became dominant, and came to be regarded as the salvation of the Indian in North America.
Williams maintains there is an important need for a more complete account of the legal visions of the American Indians. In this work, he examines the Indians' role in the history of legal traditions which have determined Indian rights in the U.S., including the Indian conceptions of justice, their traditions, and practices. Doing so is essential to protecting Indian tribalism's survival under U.S. law. In addition, understanding how the American Indian legal traditions have worked to help perpetuate Indian tribalism might also assist in beginning to understand how U.S. law may achieve racial justice more generally.

This empirical study provides an introduction to the dynamics of regulatory federalism and is the first book to focus on the major surface mining regulations. A broad spectrum of contributors, most with first-hand experience, describe the forces that have shaped the implementation of the Surface Mining Control and Reclamation Act since 1972. They offer varying perspectives for understanding interest group conflicts, technological and market considerations, intergovernmental procedures and problems. They describe the forces shaping the policy implementation process at the federal, state, and local level. This case study is intended for political scientists, public administrators, citizen activists and experts, historians, and students dealing with mining and regulatory policy.

The edited collection opens with an overview of policy formation and implementation in the United States, drawing upon theoretical studies of pluralism, federalism, interest group politics, and intergovernmental dynamics. The case study defines the legislative and administrative history of surface mining regulation; the impact of interest groups, courts, and the states on the implementation of the Surface Mining Control and Reclamation Act; the influence of the coal industry and of environmental interests, federal and state relations, and the intergovernmental process.

A definitive overview of court decisions and legislative victories in the fight for gender equality in U.S. history. Women and the Law: Leaders, Cases, and Documents chronicles the evolution of women's rights from the Revolutionary War to the present day. Spanning the gamut of legal concepts, court decisions, justices, and organizations, this extensive reference also explores a broad range of issues from sexual harassment and spousal abuse to the gender gap in voting and the custody challenge of Baby M. Profiles of Susan B. Anthony, Ruth Bader Ginsburg, Anita Hill, Betty Friedan, and other activists explore their roles in bringing the issue of equal rights for women to the forefront of U.S. politics. A thorough review of key legislative acts, including the 19th Amendment, the Equal Pay Act, the Pregnancy Discrimination Act, Title IX of the Educational Amendments, and more recent rulings like the Violence against Women Act of 1994 reveals the successes, failures, and tenacious efforts of those who are fighting to achieve gender equality in the United States. A-Z entries ranging from legislation such as Title IX, the Equal Pay Act, and the failed Equal Rights Amendment to pioneers such as Susan B. Anthony, Ruth Bader Ginsburg, and Betty Friedan An introductory chapter presenting key concepts and issues that pertain to women in U.S. law A table of cases that features more than 50 key judicial decisions Chronological coverage of the history of U.S. laws pertaining to gender An appendix of key original documents in the struggle for equality Photographs of many important pioneers of women's rights

The enlargement of the EU to embrace Central, Eastern and Southern Europe is usually analysed from political and economic points of view, but the current process also has significant legal implications, which this edited collection aims to explore. Written by scholars and officials from both the EU and the new Member States, the contributions cover three main themes. The first chapters examine how Treaty-based accession conditions have been elaborated and controlled to meet the particular needs of the present process. The second part of the book analyses the modalities of accession and in particular the unprecedented pre-accession strategy established by the Union with a view to monitoring the transformation of the candidate countries' legal orders. The final group of chapters envisage the impact of enlargement on the EU institutions and policies, both internal and external.

Eddie Slovik was the most famous American soldier to come out of World War Two. Or was infamous a better description? For 24 year old Slovik, Polish-American, petty thief and ex-con, was the only Allied soldier to be shot for desertion in the course of that long conflict. For nearly ten years the US Dept. of Defence tried to keep the Slovik case secret and even when it was revealed the American military hid the place of the condemned man's burial for a further thirty years. Thus when the details of the Slovik case were finally brought out into the open, there was much talk of an official cover-up. Now veteran military historian, Charles Whiting has attempted to dig up the final truth. He reveals in this fast paced intriguing book that Slovik was not the innocent victim that his advocate had maintained he was. In that year in which he was sentenced to death for desertion in the 'face of the enemy', he played a calculating game with the US Army -and lost. Whiting also reveals another secret: the man who would approve Slovik's death sentence and have him shot in a remote French mountain village, General (and future President) Dwight D. Eisenhower was also under a sentence of death that winter himself.

Incorporating in-depth interviews, statistical data, and prior studies, Fielding illustrates how modern medicine is a victim of its own success. The historical record since the early 19th century shows that the rate of malpractice claims has increased as medicine developed new and more complex procedures. Fielding integrates macro- and micro-levels of analysis to explain how scientific medicine is inherently prone to adverse outcomes no matter how competent medical provides are and how patients often feel their personal experiences and views are marginalized during the course of their medical care. This combination makes it more likely that patients will sue when something goes wrong.

The so-called medical practice crisis is mostly the result of a system of health care that has promoted professional dominance and high-tech care. This system both shapes and is shaped by the daily clinical context in which patients, physicians, and other providers interact. The key policy implication would be to place greater emphasis on primary care and prevention rather than curative or high-tech interventions. For example, aggressive programs to ensure primary care for all, public health, occupational health, and accident reduction would go a long way to improve both the health of the population and reduce the rate of medical malpractice claims.

Rodes examines the legal materials (cases, statutes, canons, and measures) used in the English experience of updating the medieval synthesis of church and state.