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Books > Law > Laws of other jurisdictions & general law > General
Using the metaphor of the socially constructed organization of space, this text takes a broad view of the evolution of urban America, from its historical roots to the present. It examines how policies respond to and affect the organization of space, and it looks to the future of American cities.
The Principles of European Cooperative Law (PECOL) focus on the 'ideal' legal identity of cooperatives. Drafted by a team of legal scholars, the PECOL aim to describe the common core of European cooperative law. They are based on both existing cooperative law in Europe and the EU regulation on the societas cooperativa europaea. The Principles are accompanied by commentaries which illustrate the rationale and legislative background of each principle, and link them to the key features of cooperative identity. The PECOL are articulated into five chapters corresponding to the main aspects around which a cooperatives identity may be structured, namely the purpose pursued, internal governance, financial structure, external control and cooperation among cooperatives. The second part of the book presents the national reports upon which the PECOL were based. The reports offer a detailed overview of the cooperative law of seven European jurisdictions (Finland, France, Germany, Italy, Portugal, Spain, and the UK), and thus provide a unique opportunity for law-makers, practitioners and researchers to] compare, circulate and apply best practices of cooperative legislation.
This Chatham House Paper, first published in 1982, examines the problem of extraterritoriality. A wide range of economic activity is subject to the laws of more than one state, yet there is little provision for resolving situations where states impose contradictory requirements. This paper is particularly concerned with four areas of difficulty: extraterritorial anti-trust enforcement; overlapping regulatory claims; economic regulation for political aims; and different approaches to adjudication.
The essays in this volume reassess pre-revolutionary Russian legal culture, the debates of the 1920s over the role of law under socialism, and the abrupt and bloody termination of the debate which took place in the 1930s.
The Law of the United States offers an introduction and overview of the American legal system. With an emphasis throughout on up-to-date case law and current literature, it is an ideal first point of entry for students and practitioners alike, and a starting point for further independent research. Professor Hay provides a concise and straightforward explanation of the law and legal vocabulary, as well as an introduction to the different types of law and legal techniques. He explains the role of Congress, the Executive and the Courts, and clarifies the mechanisms behind the branches of public and private law in the United States. He introduces the reader to the complexities of federal and state law, emphasizing that the many areas of public law and virtually all areas of private law are the separate law of the 50 States, the District of Columbia, and the (U.S.-dependent) Territories in which common language, legal tradition, and culture have served to bring about a basic legal unity. Several private law areas (contract law, torts, family law, succession) receive detailed treatment, as do criminal law and procedure. The book provides detailed references to legislation, case law, and the literature, up-to-date through early 2016. Four appendices present a detailed case study with commentary to aid the civil law reader in understanding of the case law system; the text of the U.S. Constitution (referred to in several contexts throughout the book); a geographic map of the U.S. federal court system; and information on the Legal Profession in the United States.
The manner in which time is institutionalized is critical to how a political system works. Terms, time budgets and time horizons of collective and individual political actors; rights over timing, sequencing and speed in decision-making; and the temporal properties of policy matter to the distribution of power; efficiency and effectiveness of policy-making; and democratic legitimacy. This book makes a case for the systematic study of political time in the European Union (EU) - both as an independent and a dependent variable - and highlights the analytical value-added of a time-centred analysis. The book discusses previous scholarship on the institutionalization of political time and its consequences along the dimensions of polity, politics and policy; reviews dominant perspectives on political time, which centre on power, system performance and legitimacy; and presents case studies that illustrate the importance of time in the governance of the EU. This book was original published as a special issue of Journal of European Public Policy.
American Supreme Court jurisprudence in the area of religious freedom has been, for the most part, predicated upon a form of liberal theory commonly known as 'procedural liberalism.' Faith on Trial explains how the Court's reliance on this theoretical basis hampers its ability to adequately address the reality of religion as a pluralistic social institution. David E. Guinn provides a detailed critique of procedural liberalism by thinkers such as Charles Taylor and Iris Marion Young-tapping into the idea of 'deep diversity' suggested by Taylor-through the development of a new theoretical model that reconceptualizes Supreme Court jurisprudence. This challenging work demonstrates a practical way to resolve the problems inherent in much existing religious freedom jurisprudence and calls for a reformation of Supreme Court thinking on the First Amendment.
After more than a decade of British membership of the European Community, there is still a widespread lack of appreciation of what goes on within the Community institutions, and of its significance for UK political and legal processes. This book aims to provide a concise introduction to the institutions and law-making processes of the Community, and to set them in their proper perspective as part of UK public law. The prime focus is upon the Community institutions and their inter-relations, however, reference is also made as appropriate to the effects which Community decision-making has on Westminster and Whitehall and in the English courts. In particular, the book examines the sources of Community law, the organization and composition of the main institutions after the accession of Portugal and Spain, and the decision-making processes involved in the enactment of the Community's legislation. There are also chapters on the budgetary process and on the role of the European Court of Justice. Despite the UK emphasis some comparative material is used to put the UK approach into perspective.
This book offers a comprehensive introduction to law and policy responses to contemporary problems in Latin America, such as human rights violations, regulatory dilemmas, economic inequality, and access to knowledge and medicine. It includes 19 chapters written by sociologists, lawyers, and political scientists on the transformations of courts, institutions and rights protection in Latin America, all of which stem from presentations at conferences in Oxford and UCL organised by the editors. The contributors present original analyses based on rigorous research, innovative case-studies, and interdisciplinary perspectives, all written in an accessible style. Topics include the Inter-American Court of Human Rights, institutional design, financial regulation, competition, discrimination, gender quotas, police violence, orphan works, healthcare, and environmental protection, among others. The book will be of interest to students and scholars interested in policymaking, public law, and development.
This book on case study of the Federal Trade Commission appropriations crisis of 1980 is intended to provide historical understanding of the network relationships between the public and private sectors in the United States during our modern period.
The ICSID Reports provide the only comprehensive collection of the arbitral awards and decisions given under the auspices of the World Bank's International Centre for the Settlement of Investment Disputes or pursuant to other multilateral or bilateral investment treaties. These decisions make an important contribution to the growing body of jurisprudence on international investment. The series also includes arbitration under the Additional Facility to the ICSID Convention which has increased in recent years, most notably in relation to the North American Free Trade Agreement (NAFTA). ICSID Reports are an invaluable tool for practitioners and scholars working in the field of international commercial arbitration. Volume 8 of the ICSID Reports brings the series up to date (as at mid-2004) and includes decisions on Vivendi Universal v. Argentina, rulings and decisions in SGS v. Pakistan and the decision on jurisdiction in SGS v. Philippines.
EU Law provides a comprehensive examination of the law of the European Union in two distinct parts, covering the institutions, structure and processes of the EU as well as the substantive law, as enacted by the Lisbon Treaty. Beginning by examining its origins, Conway locates EU Law within both an international and a domestic legal context. He then explores the evolution of EU Law before providing a clear and accessible account of the structure and internal and international workings of the EU and the special role of the European Court of Justice. The second half of the book explores the Four Freedoms (of Goods, Workers, Capital and Movement) and provides a detailed account of Competition Law and the Economic and Social contexts. The Routledge Spotlights series brings a modern, contemporary approach to the core curriculum for the LLB and GDL which will help students Move beyond an understanding of the law Refine and develop the key skills of problem-solving, evaluation and critical reasoning which are essential to exam success Discover sources and suggestions for taking your study further By focusing on recent case law and real-world examples, Routledge Spotlights will help you shed light on the law, understand how it operates in practice and gain a unique appreciation of the contemporary context of the subject. Companion Website This book is supported by a range of online resources developed to support your learning, keep you up-to-date and to help you prepare for assessments, including: Key Case Flashcards to aid with recall Quizzes and practice questions
Offers a reconstruction of the social, cultural and legal history of the Middle Horde Kazakh steppe in the 19th century using largely untapped archival records from Kazakhstan and Russia and contemporary reports. It explores the cross-cultural encounter of laws, customs and judicial practices in the process of Russian empire-building at the local level.
Blueprints provide a unique plan for studying the law, giving a visual overview of the vital building blocks of each topic and the various outside influences that come together in the study of law. This series enables the reader to place everything within memorable context and is useful in providing an overview of the law. Each text offers a clear understanding of legal study and an engaging introduction to each subject; presenting the study of law as both an academic subject and a force in society. The texts map to undergraduate law degree programmes and are tailored for use harmoniously alongside core law material.
The first new textbook to publish since Brexit, EU Law in the UK tackles EU law with a post-Brexit perspective interwoven throughout. It takes a uniquely contextual approach designed to enliven the learning experience, support understanding, and help students appreciate the relevance and impact of EU law. Written in a concise and accessible style, and supported by lively academic analysis, the author carefully guides students through key complexities, issues, and debates. EU Law in the UK not only supports students to understand the core elements of EU institutional and substantive law, but also to critically examine the implications on UK law of the UK's decision to leave the EU. The book's unique contextual approach offers a highly practical and engaging way to learn about EU law. The context is set at the start of each chapter by way of scenarios including real quotes from politicians, parliamentary reports, and fictional situations. Throughout the chapters, students are then invited to apply legal principles to these scenarios. This approach serves to reinforce and enliven students' learning. Digital formats and resources This 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 - The online resources include author guidance on approaching the scenarios and quotes in EU Law in the UK, written in a very accessible, straight-talking way, to help students develop their critical thinking and assessment skills.
This book is the result of the collective effort of some of the foremost experts and scholars of Chinese law, Asian law, and Chinese economics and carefully examines the relationship between law and China's economic development. Serious inquiries and candid opinions of the contributors have made for stimulating discussion and debate in many controversial areas. This book is likely to result in further research into factors affecting China's economic development, political change, and China's interaction with the international community. The book explores the development of the Chinese legal system from both China's historical perspective, taking into account the specific political and socioeconomic factors that are shaping Chinese law, and from a comparative perspective exploring the interaction between China and the rest of the world. The book brings together key international scholars of Chinese law and economics including Hualing Fu, Roda Mushkat, Randall Peerenboom, Zhigang Tao and Frank Upham. The first part of the book focuses on the linkages between the formal law and China's economic development, looking at Chinese courts, economic institutions and firm behaviour as well as contract enforcement and property rights. Part two deals with issues of law, human rights, and social justice as they relate to economic and human development. Taken as a whole, the book offers a unique discourse on the interaction between law and economic and human development in China.
EU enlargement - to countries in Central and Eastern Europe in 2004, the inclusion of Bulgaria and Romania in 2007, and increasing debates on Turkey's membership - has dramatically transformed the European Union into a multi-religious space. Religious communities are not only shaping identities but are also influential factors in political discourse. This edited volume examines the activities of religious actors in the context of supranational European institutions and the ways in which they have responded to the idea of Europe at local and international levels. By bringing together scholars working in political science, history, law and sociology, this volume analyses key religious factors in contemporary EU architecture, such as the transformation of religious identities, the role of political and religious leaders, EU legislation on religion, and, the activities of religious lobbies. This book was published as a special issue of Religion, State and Society.
Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. In turn these characteristics have tended to encourage the belief that antitrust law is the exclusive preserve of lawyers, economists, and their respective sophisticated doctrines. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance to us all, beneficiaries or victims of market economies: How much private power are we ready to tolerate to preserve economic freedom from the intrusion of public power? How much public power are we ready to accept to prevent private power becoming a threat to the freedom of others? In this book, Giuliano Amato draws on his experiences as a lawyer, politician, and law professor to examine the character of this dilemma and the ways it has been addressed by legislatures and courts in the U.S. and Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the U.S. will challenge conventional thinking and stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.
Through an interdisciplinary analysis of the rulings of the Court of Justice of the European Union, this book offers 'thick' descriptions, contextual histories and critical narratives engaging with leading or minor personalities involved behind the scenes of each case. The contributions depart from the notion that EU law and its history should be narrated in a linear and incremental way to show instead that law evolves in a contingent and not determinate manner. The book shows that the effects of judge-made law remain relatively indeterminate and each case can be retold through different contextual narratives, and shows the commitment of the European legal elites to the experience of legal reasoning. The idea to cluster the stories around prominent cases is not to be fully comprehensive, but to re-focus the scholarship and teaching of EU law by moving beyond the black letter and unravel the lawyering techniques to achieve policy results.
The Dance of Legislation has long been considered a classic description of the legislative process. In it, Eric Redman draws on his two years as a member of Senator Warren Magnuson's staff to trace the drafting and passing of a piece of legislation -- S.4106, the National Health Service Bill -- with all the maneuvers, plots, counterplots, frustations, triumphs, and sheer work and dedication involved. He provides a vivid picture of the bureaucratic infighting, political prerogatives, and Congressional courtesies necessary to make something happen on Capitol Hill. In a Postcript to the 2000 edition, Redman reflects on how that process has, and has not, changed in the thirty years since the book was first published.
JirA PribA!n's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
This informative book takes the practitioner through the requirements for Part M of the Building Regulations, explaining and expanding the guidance given in the Approved Document, and comparing the advice in BS83000 and other relevant publications. Access statements are demystified, and the implications for the building in use under the Disability Discrimination Act are clarified. It will inform all those working within the built environment, enabling them to deal with a complex and evolving area of the law which directly affects everyone.As with the other books in the Using the Building Regulations series Part M Access goes far beyond analysis of the Regulations and Documents themselves, and offers practical advice on using not just the traditional routes to compliance but also on the alternative approaches suggested but not explained in the Approved Documents. The advantages and disadvantages of each form of compliance are analysed in depth.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable.
European Criminal Law has developed into a complex, jagged subject matter, which at the same time has become increasingly important for everyday criminal law practice. On the one hand, this work aims to do comprehensive justice to the complexity of the matter without sacrificing readability. In order to achieve this, the book's structure enables legal scholars and experienced practitioners to access the information relevant to them in a targeted manner and, at the same time, enables less oriented readers to gain access to European criminal law. Thus, the volume both answers basic questions and offers discussion in more specialised areas. Written by experts in the field, the book offers discussions which are both of the highest academic standards and accessibly readable. |
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