It is unusual, in the precise world of law, to find instances of where 'near enough is good enough'. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-pres doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out 'as nearly as possible'. Over the past thirty years, this doctrine has marched into other legal territory where 'as near as possible' is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-pres doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of 'cy-pres law' in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Volume 16 of The Jewish Law Annual adds to the growing list of articles on Jewish Law that have been published in volumes 1-15 of this series, providing English-speaking readers with scholarly material meeting the highest academic standards. The volume contains seven articles diverse in their scope and focus, encompassing legal, historic, textual, comparitive and conceptual analysis, as well as a chronicle of cases of interest, and a survey of recent literature. Three of the articles, one of which explores references to Genesis in (western) canon law, make up a special section on the book of Genesis. The other topics covered are: suicide as an act of atonement in Jewish law; early interpretations of the Bible and Talmud as reflecting medieval legal realia; Ashkenazic codifiers in Spain; and authority, custom and innovation in the seventeenth-century Italian halakhic encyclopedia, Pahad Yitzhak.

The European Union (EU) is in a state of transformation with its constitutional future the subject of much heated debate. This book provides a durable, authoritative and comprehensive account of constitutional development, examining the pivotal roles of law and judicial politics in establishing the EU constitutional edifice. Michael Longo demonstrates and substantiates the arguments for and against constitutionalisation through the development of a theoretical framework drawing on theories and empirical research in both law and political science to understand this new process of European Integration.

Protection of traditional knowledge and resources is of critical concern not only to the groups involved but also to the international trading community for which these resources are of increasing economic importance. This work examines the concept of 'community', intellectual property models and additional sources for protection at international law (including environmental and human rights frameworks). Intellectual property law is critiqued as an inadequate framework to address the fundamental object of protection for the communities themselves - the management of traditional use, as well as the biological and cultural sustainability of this use. The work sets out an international framework based on the concept of 'community resources', recognizing the unique claims embodied in traditional knowledge, incorporating customary law, and facilitating community management of resources. International in perspective and scope, the book will be a valuable resource for academics and researchers in law, international relations and cultural studies.

Over the past decade, the scope of copyright and patent law has grown significantly, strengthening property rights, even when such rights seem to infringe upon other, more basic, priorities. This book investigates the ways in which activists, scholars, and communities are resisting the expansion of copyright and patent law in the information age.
Debora J. Halbert explores how an alternative framework for understanding intellectual property-including about how we "ought" to think about the issues, the development of social movements around specific issues, and civil disobedience-has developed. Each chapter in the book discusses how resistance is developing in relation to a particular copyright or patent issue such as:
* Access to patented medication
* Access to copyrighted information and music via the Internet
* The patenting of genetic material.
This controversial book examines the ways in which the idea of intellectual property is being re-thought by the victims of an over-expansive legal system. It will appeal to students and researchers from a range of disciplines, from law and political science to computer science, with an interest in intellectual property.

Now, for the first time, there is a comprehensive, eminently readable book designed to focus thinking in the area of contract law. This book bridges the gap between law and economics by confronting normative values that economists too often deem the preserve of moral philosophers. Contract theorists, on the other hand, are seldom in sympathy with economic efficiency norms. While free bargaining continues to be regarded with suspicion by legal scholars who are hostile to private ordering, the proper scope of free bargaining remains in dispute. Combined with a recent renewed interest in this field, these academic tensions mean that the time is right for a reconsideration of contract law. Drawing on scholarship from diverse fields and using illuminating and erudite examples, Just Exchange is entertaining as well as informative. Of interest to economists, lawyers, public policy-makers and those intersted in contract theory, this volume is a valuable overview of a vital intersection between legal studies and economics.

Studying Chinese law from a linguistic and communicative perspective, this book examines meaning and language in Chinese law. It investigates key notions and concepts of law, the rule of law, and rights and their evolutionary meanings. It examines the linguistic usage and textual features in Chinese legal texts and legal translation, and probes the lawmaking process and the Constitution as speech act and communicative action. Taking a cross-cultural approach, the book applies major Western philosophical thought to Chinese law, in particular the ideas concerning language and communication by such major thinkers as Peirce, Whorf, Gadamer, Habermas, Austin and Searle. The focus of the study is contemporary People's Republic of China; however, the study also traces and links the inherited and introduced cultural and linguistic values and configurations that provide the context in which modern Chinese law operates.

Globalization and its relationship to public governance is one of the key issues of our time. In this book, experts from a number of disciplines attempt to define what these two terms mean and, perhaps even more importantly, what they do not. Taking as a starting point that globalization is neither the take-over of political power by multi-national 'stateless' enterprises, nor the chaotic unstructured process of dissolution of public order, the contributors suggest that what is occurring is more institutionalized than many critics would admit. It is argued that there are important transnational and supra-national elements of a new public order, which remain beyond the traditional borders of the state, but not completely beyond the state as such. Globalization, as opposed to former developments in the internationalization of the economy, is characterized by its transnational form, i.e. it is based on exchange processes which, to a greater or lesser degree, bypass both the state and the traditional international character of the world economy of the past.

The development of ideas and policy on the control of crime has become an increasingly international affair, necessarily so as crime increasingly crosses national boundaries and as international cooperation in the form of police cooperation, international treaties, protocols and conventions takes firmer shape. Much less well understood, however, is the process whereby ideas about crime control developed in one context are transferred into different countries or regions, and in doing so are then shaped, naturalized and changed in their new context. This book addresses this range of issues, examining this process of policy transfer and reception. How are particular slogans ("zero tolerance policing"), gadgets, technical vocabularies ("electronic monitoring") and rhetoric ("war against crime") spread from one place to another, and what new meanings do they take on when this takes place? How are these ideas changed when they meet resistance and counter discourses, and encounter strong loca

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

Rule of law is one of the pillars of the modern world, and widely considered necessary for sustained economic development, the implementation of democracy and the protection of human rights. It has however emerged in Western liberal democracies, and some people question how far it is likely to take root fully in the different cultural, economic and political context of Asia. This book considers how rule of law is viewed and implemented in Asia. Chapters on France and the USA provide a benchmark on how the concept has evolved, is applied and is implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia, and India, which consider all the key aspects of this important issue.

The English Revolution of the seventeenth century was driven by lawyers. The struggle between the monarchy and Parliament was legal in its character and impact. The Rule of Law? explores this central theme in early modern history.

• Stuart England and the English Revolution is a major undergraduate course - students will use this book.
• Rule of Law is central to Civil War and all major seventeenth century debates.
• Wide appeal: discusses long term political significance of the legal issues.
• Considerable success of books on Stuart history - e.g. The Stuart Age/Coward.
• Will establish itself as the standard work of reference in this area.

From Labour's promise to be 'tough on crime, tough on the causes of crime' through to the White Paper and new criminal justice legislation, controlling crime and reforming the criminal justice system has been one of the government's key priorities. This book provides a detailed review of the thinking behind these new plans and legislation, looking at policies and proposals in the field of punishment, particularly those embodied in the Halliday Review of the Sentencing Framework (2001), the government White Paper Justice for All (2002), and the 2002 Criminal Justice Bill. The contributors to the book subject to scrutiny the evidence for the 'evidence-based policy making' that is often claimed as a distinctive new feature to these processes, examining approaches to drug-dependent offenders, dangerous sex offenders, nuisance offenders, procedural and evidential protections in the courts, sentencing guidelines, sentencing management, racism in sentencing, custody plus, custody minus, and reducing the prison population.

"Journalism and the Debate Over Privacy" situates the discussion of issues of privacy in the landscape of professional journalism. Privacy problems present the widest gap between what journalism ethics suggest and what the law allows. This edited volume examines these problems in the context of both free expression theory and newsroom practice.
Including essays by some of the country's foremost First Amendment scholars, the volume starts off in Part I with an examination of privacy in theoretical terms, intended to start the reader thinking broadly about conceptual problems in discussions about journalism and privacy. Part II builds on the theoretical underpinnings and looks at privacy problems as they are experienced by working journalists.
This volume features discussion of:
*privacy as a socially-constructed right--a moving target that changes with technology, social norms, national experience, and journalistic practice;
*privacy as both a property and a commercial right;
*privacy in terms of journalism ethics and journalistic codes;
*privacy as an attribute of press independence from government; and
*Bartnicki v. Vopper and its implications for journalism.
With this volume, editor Craig L. LaMay provides a concise, intellectually provocative overview of a topic that is of growing importance to journalists, both legally and ethically. The work is intended for scholars and advanced students in communication law, ethics, and First Amendment rights, and is also appropriate for First Amendment and media law classes in law schools.

Principles of French Law offers a comprehensive introduction to French law and the French legal system in terms which a common lawyer can understand. The authors give an explanation of the institutions, rules and techniques that characterize the major branches of French law. The chapters provide the reader with a clear sense of the questions that French lawyers see as important and how they would answer them.
In the ten years since the publication of the first edition, French law has changed in significant ways. European Union law and the European Convention on Human Rights have had a significant impact especially on procedural law and family law. There has been a new Commercial Code, major legislation on divorce, succession and criminal law, as well as significant developments in the Constitution. In addition, there have been very considerable developments in the case-law and a much discussed proposal for reform of major areas of the law of obligations.
The chapters present not only the rules of law, but, where appropriate, the principles and values underlying the system. Considerable use is made of juristic literature and of examples from French case law.
The book is designed for students studying French law at both undergraduate and postgraduate level, and as preliminary reading for students about to study in France. It will also serve as an initial point of reference for scholars embarking on a study of French law.

This book examines the influence of the European Commission and the European Court of Justice in the political and legal enforcement of member state compliance in the EU. The authors show how the EU's supranational institutions have played an independent role in the creation of a European enforcement system that is exceptionally effective compared to that of other international organizations.

This work explores the tension in East Asia between the trend towards a convergence of legal practices in the direction of a universal model and a reassertion of local cultural practices. The trend towards convergence arises in part from 'globalisation', from 'rule of law programs' promulgated by institutions such as the International Monetary Fund and the Asian Development Bank, and from widespread migration in the region, whilst the opposing trend arises in part from moves to resist such 'globalisation'. This book explores a wide range of issues related to this key problem, covering China in particular, where resolving differences in conceptions about the rule of law is a key issue as China begins to integrate itself into the World Trade Organisation regime.

eBook available with sample pages: 0203361849

The purpose of this book is to give the reader a selective outline of significant parts of the central areas of German substantive law, along with original German legal material from these areas.

This is a unique book from four world leaders in reputation research, providing cutting edge thinking about how organisations can improve. It covers dealing with the media, crisis management, the use of logos and other aspects of corporate identity, but it also argues the case for reputation management as a way of managing the long-term strategy of an organization. It presents a new approach to managing reputation, one that relies on surveying customers and employees on their view of the corporate character and harmonizing what both value about the organization.

The book is a vital, up to date resource for specialists in Corporate Communication, Public Relations, Marketing, HRM, and Business Strategy as well as for all senior management.

Related link: www.routledge.com/textbooks/041528743X

Foster on EU Law offers an incisive account of the institutions and procedures of the EU alongside focused analysis of core substantive areas. This clear three-part structure provides students with a solid foundation in the mechanisms and applications of EU law, making it an ideal text for those new to the subject or looking for a concise guide to support further study. Digital formats and resources The eighth edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks -Online resources include practise questions and answer guidance, a timeline of EU development, downloadable diagrams from the book, and study and exam technique guidance from the author in both written and audio formats.

Providing wide-ranging coverage and clear explanations, European Union Law is a trusted guide to the subject with a no-fuss style. Written in its trademark concise prose, the text distils complex ideas without sacrificing academic integrity. Focusing on the key debates surrounding EU law, this book encourages students to critique and apply the law, and to take a contextual approach to the subject. Students are invited to consider the key concepts in the law and to think for themselves, with the help of self-test questions and numerous suggestions for further reading. Digital formats and resources The eleventh edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access, along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks. As the process of the UK leaving the EU unfolds, readers can also visit the OUP Brexit and EU Law online resources for up-to-date comment, opinion, and updates created to engage students with the legal and political issues and considerations at play: www.oxfordtextbooks.co.uk/brexit

The new edition of this praised resource features 29 essays grouped under six main headings: History and Context; Politics; Economics; Law and Society; International Relations; and the Future. Each essay is written by a specialist contributor who has also provided a further reading list with annotations. Useful supporting material in the form of charts, maps, tables, and relevant texts completes each chapter.

A renowned Yale law professor chronicles the Vermont law and the changes it brings. He refutes charges that the law is an immoral adomination or that it is a terrible compromise (a separate but unequal injustice). Similar laws have been passed all over Europe, and more US States will undoubtedly develop new legislation. He argues that we should all - in the name of liberty, equality,and simple pragmatism - take up the cause.

This project, originally developed for the European Community, examines parental roles in controlling television programs watched by children in Europe. The structure of the study includes:
*an analysis of the technical devices available to assist in parental control of television broadcasting services, including descriptions of devices, their cost, availability, and the infrastructure needed to introduce them;
*a corresponding analysis of potential ratings or labeling systems to work in conjunction with or in the place of technical devices, enabling a comparative analysis of rating systems used in film, video, and online services; and
*an overview and assessment of the educational and awareness measures in the field of protection of minors and harmful content, providing the data for the review of available considerations in this field of viewer literacy.
In addition to these main strands of analysis, the study provides for background information and analysis in the following areas:
*an overview of the main media theories focusing on the effect and impact of specific types of content on children and their behavior;
*an assessment of the economic impact and social efficacy of different protective measures; and
*a comparison of the regulatory contexts and rating systems for film, video, television, and online services concerning the protection of minors from harmful content.
This volume is intended for scholars and students in comparative media studies, media policy, and regulation.

The legal system of the People's Republic of China has seen significant changes since legal reforms began in 1978. At the end of the second decade of legal reform, law-making and institution-building have reached impressive levels. Understanding the operation and possible futures of law in the People's Republic of China requires an appreciation of the normative influences on the system, as well as an examination of how these norms have worked in practice.