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.

This volume presents a cogent analysis of the legal and economic consequences arising from expansion in the doctrine of strict liability and the corresponding decrease in the importance of proving fault. Vandall's goal is to illuminate the role of strict liability in the largely unheralded and informal development of the American compensation system. To this end, he examines and explains the widening of strict liability during the last 121 years, with particular emphasis on the past 29 years.

Vandall begins with a historical overview of strict liability, arguing that the policies which have supported the growth of strict liability within products liability also support its application in other areas. By comparing and contrasting the U.S. and British compensation systems, he shows that the U.S. has been drawn towards the adoption of strict liability because it lacks socialized medicine. Subsequent chapters set forth various tests for strict liability and critique the negligence-efficiency theory. Turning to a discussion of contemporary practice, Vandall sets out the present scope of strict liability and asserts that a case can be made for the extension of strict liability far beyond the area of products liability. Finally, Vandall evaluates the reforms aimed at strict liability over the last ten years and concludes that the suggested return to negligence is unwarranted and not supported by facts.

An authoritative yet accessible analysis of the historical development and contemporary scope of press freedoms in America. Freedom of the Press: Rights and Liberties under the Law examines the evolution of press freedom in America, a particularly relevant topic given the controversy over the role of the press in the war in Iraq, as well as the growing concentration of ownership of the press, and the impact of the Internet on traditional journalism. An opening analysis of challenges from recent developments like Internet journalist Matt Drudge's "Drudge Report" illustrates the opportunities and implications of a press operating without the traditional gate-keeping process. A historical overview of philosophical ideas and English traditions precedes an exploration into the judicial, regulatory, social, political, and economic developments that have shaped press freedoms, addressing such issues as libel, free press versus fair trial, and access to courtrooms. A chapter is devoted to the impact of new communication and transmission technology such as videophones and satellites. Extensive A-Z entries on key individuals such as Anthony Comstock, events including conflicts in the Middle East and Afghanistan, and concepts and terms Chronology of key developments in the history of press freedom, including the growing conglomeration of the media

No money in the world can compensate the denial of a full and rich life to a newborn child. This is the story of Alma. After a normal and healthy pregnancy, her mother went to give birth to the hospital at a military base in Texas. Rushing through the process, an unscrupulous physician used forceps in such a negligent an irresponsible way as to mar forever Almas brain and body. Nevertheless, the case becomes an example of how, in spite of all odds, a government can be brought to face its responsibility. In an extraordinary demonstration of perseverance and devotion moved by love, Alma's parents along with their Texas attorneys Michael Archuleta and Bill Whitehurts did not leave a single rock unmoved to guarantee their daughter a life nurtured by excellent care and the maximum potential her mutilated brain and body could achieve. In these pages, Alma's father provides us, step by step, the details of the long and painful proceedings to overcome the arguments and tricks government lawyers, experts and officers resorted to while trying to deprive Alma of the resources that would provide her with loving and proper care for life. Moving and dramatic, this tale allows us to become first tier witnesses at a trial in which parental love triumphs to conquer some degree of justice.

Recent developments in the European integration process have raised, amongst many other things, the issue of linguistic diversity, for some a stumbling block to the creation of a European democratic polity and its legal and social institutions. The solution to the 'question of language', involves an understanding of the role played by natural languages and the consequent design of policies and institutional mechanisms to facilitate inter-linguistic and intercultural communication. This is not an exclusively European problem, and nor is it entirely new, for it is also the problem of linguistic majorities and minorities within unitary nation-states. However, the effects of globalization and the diffusion of multiculturalism within nation-states have given renewed emphasis to the question of language in diverse societies. Facing the question anew involves reconsidering traditional ideas about social communication and the public sphere, about opinion-formation and diffusion, about the protection of cultural and linguistic minorities, and about the role that language plays in the process of formation of political and legal cultures. This volume is intended as a multidisciplinary contribution towards studying and assessing the range of problems that form the 'language question' in Europe and diverse societies.

"Europe" is one of the defining issues of our times. Politically, economically, legally, culturally, it is a source of division to some and inspiration for others. This book contains essays written by eminent authors to celebrate the Centenary of the British Academy, the country's leading academic institution for Social Sciences and the Humanities. Their central theme is "Britain's Contribution to the Europe of the Twenty-First Century" and it is approached in an inter-disciplinary way from the different angles of law, politics, economics and the humanities. Contributors: Guido Alpa; Stephen Bann FBA; Vernon Bogdanor CBE, FRSA, FBA; Keith Clark, BCL; Kenneth Dyson FBA, FRHS; David Edward CMG, FRSE; Sir John Elliott, FBA, AAAS; Laurent Fabius; The Rt. Hon. Frank Field MP; Sir Roy Goode QC, CBE, FBA; The Rt. Hon. The Lord Hurd of Westwell, CH, CBE; Giorgio La Malfa; Noelle Lenoir; Nicholas Mann CBE; Basil Markesinis QC, DCL, FBA; Baroness O'Neill of Bengarve, DBE, FBA; The Rt. Hon. The Lord Woolf of Barnes.

Written by some of the leading academic commentators on policing and the criminal justice system in England and Wales, this collection examines the relationship between the law, the application of power, and the administration of justice in these areas. McKenzie brings together a number of key thinkers in the field of criminal justice and policing in the United Kingdom. The essays provide insights into the leading, and often critical, edge of thinking about the nature of law, power, and justice in England and Wales. Examining such areas as the courts, policing, and the prison system, this book also considers criminal activity in two arenas: the nature and responses to street-level crime and the nature of terrorist activity. The involvement of minorities in the system-as victims, as defendants, and as police officers-and the growing need for Europe-wide police responses to international and transnational crime are also considered. Criminal justice statistics, radical criminological thought in England and Wales, and the politics of criminal justice are also examined.

The entertainment business is a most democratic field, offering success to anyone who has the talent, ability, and drive to master their art. But in order to achieve this goal, an individual must also possess knowledge, particularly in the area of contracts and agreements. This work represents a comprehensive overview of the procedures, timing, and agreements used in the motion picture, television, and video industries, and provides model contracts and explanations as to why specific clauses are employed and what the mutual benefits of each may be.

The work presents the major contracts utilized in the show business industry in a manner that is readable and understandable to artists, producers, writers, directors, and other members of the entertainment community. Peter Muller breaks the contracts down to their essential elements, and offers detailed accounts of their legal implications for both parties involved. Among the contracts and agreements examined are the personal manager, agent, actor, director, and screen writer agreements; the motion picture distribution agreement; pay-per-view; licensing feature films for television syndication; international coproductions; home video license agreements; endorsements; and independent production financing. This hands-on guide to show business law will prove to be a valuable addition to public, academic, and law libraries, as well as a useful reference tool for literary and talent agencies, entertainment companies, and individuals in the entertainment industry.

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

There have been a number of EU military operations in the last few years, evidence of a growing European military confidence, which in turn is a reflection of a developing competence in security matters. The creation of the European Union and its Common Foreign and Security Policy by the Maastricht Treaty of 1992 heralded this development, though the idea of a common defense can be traced to the beginnings of European integration. This book provides an analysis of the EU's evolving legal framework and powers on such matters, but it also recognizes that such a framework sits, sometimes uneasily, within the wider body of EU and International Law. The EU's security and defense policy also overlaps with those of other organizations such as the Organization for Security and Cooperation in Europe (OSCE), but more especially the North Atlantic Treaty Organization (NATO). EU relations with NATO have, in particular, caused some concern and are still evolving as both organizations seek to play a wider security role in the post-Cold War, and now post-9/11, era. With security now dominating political agendas at the domestic, regional and international levels, it is no surprise that the EU's concern for security has grown, and, following the Union's respect for the rule of law, has been shaped legally as well as politically. This book evaluates the progress of the Union in this regard in its international context and in its wider context of European integration generally. The analysis is in the main a legal one, but is placed squarely within wider historical and political perspectives.

Cultural Heritage in the European Union provides a critical analysis of the laws and policies which address cultural heritage throughout Europe, considering them in light of the current challenges faced by the Union. The volume examines the matrix of organisational and regulatory frameworks concerned with cultural heritage both in the Union and its Members States, as well as their interaction, cross-fertilisation, and possible overlaps. It brings together experts in their respective fields, including not only legal, but also cultural economists, heritage professionals, government representatives, and historians. The diverse backgrounds of the authors offer a cross-disciplinary approach and a variety of views which allows an in-depth scrutinisation of the latest developments pertaining to cultural heritage in Europe.

Judges and courts do a considerable amount of harm in applying some criminal laws and policies, such as the felony murder rule, mandatory sentences, and the drug war. These and other positivist policies do not lessen crime, but instead, teach criminogenic messages contrary to what a magisterial criminal policy would teach. American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including criminals themselves. The source of this lies both in judicial passivity and legislative indifference. Judge Gerber expresses his confidence that a justice-oriented system can be achieved when politicians surrender control of the justice system to professionals in the field.

American judges apply criminal laws and policies that teach wrong lessons to users of the justice system, including the criminals themselves. These wrong lessons include mathematical and mandatory sentencing, plea bargaining, the death penalty, the felony murder rule, marijuana prohibitions, the drug war, and the penchant for solving crime by building more and bigger prisons. The source of these harms lies both in judicial passivity and legislative indifference to the costs and shortcomings of anti-crime policies, usually because of nothing but electoral concerns. The result is a system of laws and policies that really have little to do with lessening crime but much to do with politics. The book contrasts this positivist criminal justice system with a justice-oriented magisterial system which Judge Gerber believes, can be achieved if politicians surrender control of the justice system to professionals and experts in that field. This book has applications for academic as well as professional use and will also be of interest to some general readers who are interested in the legal system.

This collection of essays by some of the most respected American legal scholars represents the first investigation of the legal history of the Great Plains. It challenges existing theories about the legal culture of the region by showing the area's distinctiveness. The four-part study offers overviews of law and the region, analyzes landmark cases, discusses the impact of important legal thinkers, and provides a short history and case studies of the work of leading jurists. Designed to whet the appetite of legal scholars and historians who want to consider new ideas and study a little-known field. This provocative work developed from the first conference ever held on law and the Great Plains. The contributors and the participants addressed fundamental questions about race, ethnicity, and civil rights and the legal culture of the region. This study is designed to whet the appetite of legal scholars and historians who want to consider new ideas and study a little-known field.

Mixed agreements are one of the most significant and complex areas of EU external relations law. They are concluded by the Member States and the EU (or the European Community in the pre-Lisbon days) with third countries and international organisations. Their negotiation, conclusion and implementation raise important legal and practical questions (about competence, authority, jurisdiction, responsibility) and often puzzle not only experts in countries and organisations with which the EU works but also European experts and students. This book, based on papers presented at a conference organised by the Universities of Leiden and Bristol in May 2008 provides, a comprehensive and up-to-date analysis of the legal and practical problems raised by mixed agreements. In doing so, it brings together the leading international scholars in the area of EU external relations, including two Judges at the European Court of Justice and a Judge at the EFTA Court, along with legal advisors from EU institutions, Member States, and third countries. The book will be of interest to European and international law academics and students, officials in EU institutions, practitioners of EU and international law, political scientists and international relations scholars, and students of European law, politics, and international affairs.

With the passing of the UN Convention in 1989 children's rights have been placed firmly on the political agenda. This book explores a variety of children's rights issues from the Convention and beyond. It examines the moral foundations of children's rights issues from the Convention and beyond, and offers insights into children's rights issues both old and new. Amongst the subjects covered are the history of children's rights, empowerment, cultural pluralism, sexual abuse, contact as a child's right, the reproduction revolution and the child's right to identity, and children's rights in the context of English law. This is a book which those interested in children, children's issues and children's rights will find stimulating and rewarding.
The author is a Professor of English Law at University College London, a barrister and the author of thirty books including, "The Rights and The" "Wrongs of Children," "Children's Rights: A Comparative Perspective," "Children, Their Families and The Law" and "Violence In the Home: A" "Socio-Legal Study." He is the founding co-editor of the International Journal of Children's Rights, the editor of Current Legal Problems and a former editor of the Annual Survey of Family Law. A prominent advocate of children's rights for over 20 years, he has lectured widely on the subject.

This book is directed at practical applications and case law support for invoking forum non conveniens. It begins with a basic discussion of the evolution of the doctrine. The balance of the book is devoted to applying appropriate case law to a variety of situations. Likely opposing arguments, public policy notions, and the relationship of forum non conveniens to jurisdiction and venue are also considered. "Virginia Journal of International LaW"

American multinational corporations face a unique problem with regard to products liability litigation instituted by foreign plaintiffs. In many cases, plaintiffs outside the U.S. file suits in U.S. courts despite the fact that the incident on which the suit is based took place in other countries. Such action is often taken because of features peculiar to the U.S. legal system, including the doctrine of strict liability, the availability of contingency fees for attorneys, and the prevalence of large awards to individuals in products liability cases. This informative study by a legal professional and products liability specialist focuses on a doctrine that can lessen liability exposure for multinational corporations. By successfully petitioning the courts under the doctrine of forum non conveniens, corporations may have court proceedings transferred to another jurisdiction, often outside the U.S., which has a direct connection with the incident and where potential liability exposure is greatly reduced. Following an introductory discussion of the evolution of this doctrine, Freedman documents its use with appropriate case law in a wide variety of situations.

An eighth-generation Charlestonian with a prestigious address, impeccable social credentials, and years of intimate association with segregationist politicians, U.S. District Court Judge Julius Waties Waring shocked family, friends, and an entire state in 1945 when, at age sixty-five, he divorced his wife of more than thirty years and embarked upon a far-reaching challenge to the most fundamental racial values of his native region. The first jurist in modern times to declare segregated schooling "inequality per se," Waring also ordered the equalization of teachers' salaries and outlawed South Carolina's white primary. Off the bench, he and his second wife--a twice-divorced, politically liberal Northerner who was even more outspoken in her political views than Waring himself--castigated Dixiecrats and southern liberals alike for their defense of segregation, condemned the "sickness" of white southern society, urged a complete breakdown of state-enforced bars to racial intermingling, and entertained blacks in their home, becoming pariahs in South Carolina and controversial figures nationally. Tinsley Yarbrough examines the life and career of this fascinating but neglected jurist, assessing the controversy he generated, his place in the early history of the modern civil rights movement, and the forces motivating his repudiation of his past.

Examining the benefits achieved by deferring income or accelerating deductions, this text refers to the income tax systems of the United States and Japan. The United States has been at the forefront of recognizing the time value of money benefit of tax deferral and of devising methods to prevent tax deferral. Japan, on the other hand, is only gradually placing greater emphasis on tax deferral issues, in light of the activities of foreign companies, and the constant introduction of new financial products which take advantage of the tax deferral allowed under Japanese income tax rules. The book starts with a detailed discussion of the 1948 Cary Brown model and its various interpretations, an understanding of which is key to any analysis of tax deferral issues. The author goes on to provide a comparative analysis of the different tax deferral patterns that can arise under the United States and Japanese income tax systems, and of methods introduced by the United States to eliminate the tax deferral benefit. A history and overview of the Japanese income tax system is included in the appendix. Principles of tax deferral and time value of money are crucial in an era of globalization in commerce and finance. They cut across all areas of taxation and are particularly important in the context of taxation of derivatives and other financial instruments.

An in-depth discussion and analysis of corporate misconduct and its complexities. Volume editors and their contributors explore the legal, societal, and business ramifications; offer a wide range of real-world and theoretical examples and the lessons they teach; and provide practical recommendations to management for countering misconduct in their own organizations. The book is also a valuable resource for teachers and students of business ethics, management, and business-government relations.

As the economists and lawyers contributing to this volume demonstrate, an important element of the Reagan Revolution has been a fundamental shift in antitrust policy and enforcement away from the focus on market structure during the 1960s and early 1970s toward a greater emphasis on the effects of business conduct on economic efficiency and consumer welfare. This shift, caused both by a marked change in the political climate and changes in the thinking and research output of economists, has had an enormous impact on the volume and substance of antitrust activity during the 1980s. The articles collected here--each written especially for this volume--assess these changes in antitrust activity in key policy areas: mergers, vertical restraints, monopoly, and strategic behavior.

The authors examine particularly the impact of the change in antitrust enforcement and policy on social welfare. They point out where changes have been beneficial, evaluate whether further changes in policy or law are desirable, and probe unresolved issues, such as whether current policy pays too little attention to the possible strategic or anticompetitive aspects of some forms of business conduct. Taken together, these essays offer a multifaceted explanation of the ways in which economics has contributed to changes in antitrust policy and law. By providing a more thorough understanding of developments in industrial economics during the last 30 years, the authors also provide lawyers, economists, business executives, and students of business administration with new insights into possible future trends in antitrust policy and law--and their impact on the structure of American businesses and markets.

The requirement to produce skeleton arguments has been with us for 10 years, but written advocacy remains in its infancy. UK Court of Appeal judges admit that cases are decided before oral argument on the strength of written advocacy. Throughout the civil justice system under the CPR the skill is vital - cases are won on lost on the advocate's skill writing, not addressing the court orally. This book provides practical advice in drafting: .model form pre-action protocol letters of claim; .inter partes correspondence; .Part 36 Offers; .skeleton arguments; .written opening notes for trial; .closing submissions; .costs submissions; .and much more. Leading practitioners have offered their assistance in producing a book of real authority. Invaluable for professional students and practitioners alike. The author is a practicing barrister and teacher of advocacy, mediation and other key legal skills.

Every society must find a way to resolve the tension between individual interests and the common good. Today, poorer nations bear the added burden of sagging economics and colossal debt, hardly a sound basis for sustaining a semblance of civil rights or social justice. Cuba stands apart, as a small and poor country, which nevertheless has established standards of access to education, health care and housing that are among the highest in the world. An understanding of the legal system that has fostered and continues to protect this singular achievement offers inarguably important lessons for the global legal and policy-making community. Debra Evenson's eloquent analysis of Cuban law and society first appeared in 1994, and remains the only detailed, first-hand treatment of the subject. This thoroughly revised second edition incorporates the many changes that have taken place in Cuba during the last decade. The author finds a regime still unalterably committed to preserving fundamental principles of socialism, even as it struggles against enormous odds to maintain a secure place in the global economy. As it analyzes the substantive and procedural issues of the various fields of law, judicial administration and legal practice, Law and Society in Contemporary Cuba explores at every turn the ongoing "reinvention" of socialism that Cuba has chosen to pursue. Cuba's commitment to a sustainable socialist economy in the prevailing market-driven global context colors the numerous recent reforms that introduce decentralized decision making and management at local and enterprise levels. The author explains the effects of de-subsidization of state enterprises on legal issues arising inlabor-management relations, banking, and taxation, and describes new "private" initiatives such as expanded areas of foreign investment, individual ownership of farms, and increased self-employment incentives. Other fields of law covered include criminal justice, family law, environmental regulation, intellectual property, and judicial procedure. Ms. Evenson does not turn a blind eye to the undeniable limitations on freedom of expression and political association imposed by Cuban law. However, her analysis also reveals the express and persistent U.S. hostility and efforts to undermine the current government that have a direct impact upon reducing the political and legal space for spontaneous debate inside Cuba. In doing so, she does readers an additional service by allowing us to reflect on the outcomes of one of Washington's most consistent foreign policy directions over the past four decades. By illuminating the relationship between law and social policy in a system striving to guarantee basic social rights, racial and gender equality and equitable distribution of wealth, this book is a major contribution to legal theory and invites re-examination of the appropriate balance between social justice and individual autonomy as perceived by the dominant legal culture.