In November 2005 Tilburg University hosted for the first time an international "Colloquium on the European and National Perspectives of the Regulation of Gambling," The results of this exciting day are reflected in this book which brings together a wide range of perspectives from the contemporary debate surrounding the regulation of gambling markets within the context of the European Union. Not only does the book encompass both ends of the spectrum of the current discussion; it also brings together the perspectives of academics, lawyers and operators. The debate on the regulation of gambling has been gathering pace following a series of judgments of the ECJ. In 2006 gambling was excluded from the proposed Services Directive, and the European Commission commenced infringement proceedings against a handful of Member States regarding restrictions on the supply of sports betting services. Given these developments and being one of the very few publications concerned with this topic, this book will serve as a timely and valuable contribution for all those interested in this emerging and at times decisive debate.

The Swedish Network for European Legal Studies is happy to announce the second volume in this new series of annual publications which acts as a forum for the publication of studies on European law by Swedish scholars. The annual contains peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience. The editors of the yearbook are Professor Per Cramer and Associate Professor Thomas Bull. The articles in the volume are concerned with European law, its development, impact and reform; furthermore they are original, analytical contributions to doctrinal debates and questions, by legal researchers mainly, but not exclusively, connected with the Swedish universities.

This reference work provides important information about the role academic research has played in the ever-evolving laws covering homosexuality. A comprehensive overview of homosexuality and the law, this fascinating dictionary opens with a history of the Gay Rights Movement which started in Germany during the l860s with Karl Heinrich Ulrich, the "Grandfather of Gay Liberation," who wrote 12 books including, Researches on the Riddle of Love Between Men. Homosexuals were later herded into Nazi concentration camps, where 50,000 of them died. When the war ended, Allied commanders forced homosexuals to finish their prison sentences. This book has 112 entries on subjects such as absurd sex laws, the Crittendon Report, the Boy Scouts, the l996 Defense of Marriage Act, surgical alterations, discrimination, sodomy, loitering, wills, and more. A nearly 100 page appendix details state and local laws. The book includes a list of advocacy organizations and other references, a table of cases, and an extensive bibliography. Includes thoughtful coverage of transsexual, transgendered, and intersexed legal concerns Presents the most current information on the legal status of homosexuals in an easily navigated dictionary format

Passage of the European Data Protection Directive and other national laws have increased the need for companies and other entities to improve their data protection and privacy controls. Clients, stakeholders, and the public are clamoring for it. Klosek introduces the various legal means to protect personal data in the United States and the European Union, targeting her book at American and international businesses that may have difficulty complying with the European Directive. She explains its main elements and practical effects, presents primary components of national privacy laws abroad and in the United States, and gives advice on some steps companies can take to improve the level of protection they afford to the data they possess.

Klosek offers a comprehensive review of the American and European systems for providing protection to personal information in the Internet age. She explains the European Data Protection Directive, the national data protection laws of the fifteen countries of the European Union, and the laws and other initiatives for protecting individual personal data. She endeavors to discuss the protection of personal data in general but focuses on, and emphasizes, the protection of personal data within the context of the Internet. In doing so, she provides much useful, fascinating information on the obvious and non-obvious means of collecting and processing personal data through the Internet. Among its unusual features, the book helps United States corporate decision makers assess the effect data protection laws will have in Europe and the U.S., and how companies that are operating web sites that cross international boundaries can ensure they stay in compliance with data protection laws in countries in which their web sites may be accessible. The book is essential reading for corporate compliance executives, corporate communications and other top-level organizational administrators, particularly in Internet industries.

During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.

Business professionals and business managers are guilty of malpractice when they fail to meet the high standards of conduct and ethics governing their professions or when they engage in conduct that injures others. Freedman explores the nature of malpractice using commonly understood codes of ethics and statements of principles for 17 professions, and then looks at the practices closely in the light of court decisions. He also considers professional malpractice insurance and the right of professionals to determine for themselves whether the gains to be had from settling a malpractice claim outweigh whatever benefits they might achieve from entering into litigation. Not just for attorneys but of special value to their clients as well, Freedman's book guides professionals through the principles of malpractice law, and in a readable, informative way helps protect them against the risk of putting themselves into a position where a malpractice suit might be brought against them.

While the purpose of antitrust policy is to protect competition, competition that removes all restraints may defeat its own goal. Dudley H. Chapman, in a revisionist analysis of antitrust history and policy, argues that our country needs practical government policy to replace our doctrinaire and unrealistic antitrust rules. The Chicago School and the economic theory on which it is based are rejected as an intellectual scandal. Competition is an end in itself and it is not the primary purpose of anti-trust to lower consumer prices. Chapman, a former antitrust official, uses historical materials to build his case for a new and practical antitrust policy. He proposes that we look not to Chicago but to Europe for our model.

Compared to their older, more rigid U.S. counterparts, European laws are far more rationally conceived and realistic, Chapman says. Europeans believe that some restraints on competitive freedom, both private and government, are necessary to preserve the ongoing competitive process. The book develops the thesis that for current U.S. policy to mature or molt its rigid shell we need to remove criminal penalties and prohibit abuses of market-dominating positions. Anyone in the U.S. or Europe who is active in antitrust and related issues of regulatory and trade policy--lawyers, economists, government officials in the executive branch and in Congress, academicians and students--will find in this book an important and controversial agenda.

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann

This legal and intellectual history shows how the education of American lawyers between 1779 and 1829 manifested a unique and distinct process of legal thought into the United States. This new American legal thought, based upon ideas imported from the works of European natural law writers, had a significant impact on the creation of a distinctly American legal system and was, and continues to be, instrumental in shaping American society.

The Swedish Network for European Legal Studies is happy to announce the launch of a new annual publication, which will act as a forum for the publication of studies on European law by Swedish scholars, entitled Swedish Studies in European Law. This will be a hardback of about 300 pages annually, containing peer-reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience. The editors of the yearbook are Professor Nils Wahl, chairman of the board of the Swedish Network, and Professor Per Cramr. The articles in the volume are concerned with European law, its development, impact, and reform. Furthermore, they are original, analytical contributions to doctrinal debates and questions by legal EU researchers mainly, but not exclusively, connected with the Swedish universities.

As a result of globalization, the barriers between countries are coming down. There is more interaction between countries than ever and mutual understanding and communication have become essential considerations. In such an atmosphere, the Korea Legislation Research Institute has published this book to spread awareness of outstanding Korean law and of its legal system throughout the globe, as the authoritative sources of legal information for other countries. This book explains Korean law in nine chapters that focus on its distinguishing aspects. The nine authors who have participated are all prominent scholars who have contributed their expertise to the project.

... provides lucid and remarkably concise explanations of the main laws and principles that every business manager or entrepreneur should know. It is, to a large extent, preventive laW' for avoiding trouble, as well as for dealing with it when it does occur. There is complete, though brief, coverage of all the important aspects of business law, a good index, and such fine choice of language that it is easy to read. And that last feature is worth the price of the book. "Association of Florida Trial Lawyers Journal"

This invaluable reference tool covers the potential legal liability of businesses, the costs of failing to comply with legal obligations, and the legal rights afforded businesses under the law. The authors combine a theoretical focus with an applied, practical approach to minimizing legal costs. The guide addresses such topics as raising capital, buying real estate, extending credit, collecting accounts, borrowing money, advertising, selling goods, negotiating contracts, maintaining a safe work place, managing employees, keeping business records, contracting with the federal government, the impact of the new federal tax law, and more. Throughout the volume, the reader is alerted to those highly technical and complex regulatory areas where legal counsel is clearly advisable. Consideration is also given to selecting and working effectively with a lawyer in such circumstances.

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann

England was unique among the medieval kingdoms of Western Europe. In addition to developing a system of national courts with an extensive original jurisdiction and run on quasi-bureaucratic lines by royal justices, it also gave birth to a single national customary law which was applicable throughout the country. This was partly the product of judicial decisions made by the royal courts and partly the product of legislation. The great formative period of the Commom Law began during the reign of King Henry II but continued through to the early fourteenth century. Paul Brand possesses an unrivalled knowledge of the published and unpublished sources for this critical period. The Making of the Common Law brings together his essays, some previously unpublished, on this period. The essays on the making of the English legal system (which complement his book on The Origins of the English Legal Profession) include an important essay on 'Henry II and the Creation of the English Common Law', and 'Courtroom and Schoolroom: The Education of Lawyers in England prior to 1400', the essay which won the 1988 Donald W. Sutherland Prize of the American Society for Legal History.The devlopment of English law is discussed in a number of essays including a critical introduction to the 'Milsom thesis' on the origins of England land law and 'Lordship and Distraint in Thirteenth-Century England', a major reappraisal of the balance of power between lords and tenants in this period. The Common Law was taken by settler from England to North America and to Australasia. Its earliest venture overseas, however, was to Ireland. The Making of the Common Law includes a number of important essays on the transfer of English law and the creation of a legal system modelled on that of England in the medieval English lordship of Ireland.

This handbook aims to provide a comprehensive overview of the mul¬ti-faceted art law within the legal framework applicable to South Africa. In four ‘phases‘, it provides answers to legal questions that arise from the initiation of an art project up to its exploitation. It is aimed at both law students who have an academic interest in an in-depth introduction to art law and practitioners from the art world, and is therefore equipped with numerous explanatory examples.

This collection explores the remarkable impact and continuing influence of William Blackstone's Commentaries on the Laws of England, from the work's original publication in the 1760s down to the present. Contributions by cultural and literary scholars, and intellectual and legal historians trace the manner in which this truly seminal text has established its authority well beyond the author's native shores or his own limited lifespan. In the first section, 'Words and Visions', Kathryn Temple, Simon Stern, Cristina S Martinez and Michael Meehan discuss the Commentaries' aesthetic and literary qualities as factors contributing to the work's unique status in Anglo-American legal culture. The second group of essays traces the nature and dimensions of Blackstone's impact in various jurisdictions outside England, namely Quebec (Michel Morin), Louisiana and the United States more generally (John W Cairns and Stephen M Sheppard), North Carolina (John V Orth) and Australasia (Wilfrid Prest). Finally Horst Dippel, Paul Halliday and Ruth Paley examine aspects of Blackstone's influential constitutional and political ideas, while Jessie Allen concludes the volume with a personal account of 'Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone'. This volume is a sequel to the well-received collection Blackstone and his Commentaries: Biography, Law, History (Hart Publishing, 2009).

This is the third volume in the series Swedish Studies in European Law, produced by the Swedish Network for European Legal Studies, a national network comprised of Swedish universities focusing on recent legal developments within European Union law. In this volume, Swedish researchers with specific interests in European Market law - intellectual property rights, competition, and marketing law - have joined forces to review recent Swedish legislation and case-law of particular European interest in national Swedish Courts or the Court of Justice of the European Union. The volume also includes comments on general EU developments from a Swedish perspective. The articles focus upon a number of significant recent developments, including an essay on a proposed reform to the Swedish Copyright Act, a report of the recent Swedish decision concerning the Mini-Mag, two different analyses of the future for illicit file sharing following the recent Pirate Bay litigation, and essays on refusal to supply and the new Unfair Commercial Practices Directive and its implementation in Sweden. The articles are original analytical contributions to doctrinal debates and questions.

The phenomenon of trafficking in women for sexual exploitation, which in the last decade has changed from a marginal 'non-issue' to a legitimate concern in many parts of the world, has become familiar through newspaper coverage, and now, finally, legislators and law enforcement agencies have begun to act. In Europe many EU Member States now have (or are developing) at least some sort of anti-trafficking policies (with some of them in the forefront of global anti-trafficking efforts). Moreover, the EU itself has become markedly more active with regard to curbing trafficking in human beings, as part of its migration control and police and judicial co-operation functions. However, even co-ordinated efforts such as those being worked on by the EU tend to produce only short-term 'cures' to a problem that is in truth global and structural in nature and which cannot be eradicated - or necessarily even significantly reduced - through policing and migration control measures alone. Too often there is little debate on broader measures which might be targeted to address the 'root causes' of trafficking, such as poverty, under-development, general lack of economic and migration opportunities and, above all, gender inequality. Against this background, this book deals with present efforts to control trafficking in women for sexual exploitation. In doing so it examines claims that what is needed effectively to prevent and tackle trafficking is a 'comprehensive' approach, and at the very least one that is far more wide-ranging and coherent than what exists today, and also analyses the assertion that destination countries, and more specifically Member States of the EU, could and perhaps should, take more action against trafficking through regional co-operation, particularly in the framework of the EU, rather than as individual Member States. The book will be of interest to a wide range of scholars in EU law, human rights, comparative law, sociology, feminist theory and politics, as well as policy-makers, practitioners and NGO activists in various European countries.

Born from the ashes of the Second World War as one of the most ambitious and successful parts of the plan for the reconstruction of Western Europe, European integration has been immersed in a deep economic and institutional crisis for more than a decade. This difficult situation is also threatening to erode one of its most original and valuable elements: the establishment of a supranational rule of law among the Member States of the European Union that provides a solid framework for their peaceful, ordered, and fair relations. This book, which is based on the general course given at the Academy of European Law in Florence in July 2015, puts the innovative initial choices made by the drafters of the Treaties and by the Court of Justice of the Union in their proper historical perspective, understanding Union law as a tool of civilisation. Its current decline is explained as a consequence of the waning of the initial impetus behind integration, of the growing complexity and challenges of the Union system, and of the ambivalent attitude of the Member States regarding their common creation. These themes are explored focusing on a number of fundamental structural issues: the principle of primacy, the national limits to it and the theory of constitutional pluralism; the state of health of the preliminary rulings procedure; Union citizenship, equality and human dignity; the scope of the Charter of Fundamental Rights and the standard of protection of those rights; and the rigidity and fragmentation of the Union system in connection with the increasing use of international law as a softer alternative to Union law. In all these areas, the book presents a fascinating story of decay and resistance, a story that is unfolding at present, and whose fate is closely linked to the future political shape of Europe.

Since the fall of communism, laissez-faire capitalism has experienced renewed popularity. Flush with victory, the United States has embraced a particularly narrow and single-minded definition of capitalism and aggressively exported it worldwide. The defining trait of this brand of capitalism is an unwavering reverence for the icons of the market. Although promoted as a laissez-faire form of capitalism, it actually reflects the very evils of selfishness and greed by entrepreneurs that concerned Adam Smith.

Capitalism, however, can thrive without an extreme emphasis on efficiency and personal autonomy. Americans often forget that theirs is a rather peculiar form of capitalism, that other Western nations successfully maintain capitalistic systems that are fundamentally more balanced and nuanced in their effect on society. The unnecessarily inhumane aspects of American capitalism become apparent when compared to Canadian and Western European societies, with their more generous policies regarding affirmative action, accommodation for disabled persons, and family and medical leave for pregnant woman and their partners.

In American Law in the Age of Hypercapitalism, Ruth Colker examines how American law purports to reflect--and actively promotes--a laissez-faire capitalism that disproportionately benefits the entrepreneurial class. Colker proposes that the quality of American life depends also on fairness and equality rather than simply the single-minded and formulaic pursuit of efficiency and utility.

Who are the top ten greatest Supreme Court Justices of all time? Who are the worst ten? Which Supreme Court decision helped lead to the Civil War? What are the ten greatest and worst Supreme Court decisions? What are the ten best courtroom movies? Who was the last to use the Supreme Court spittoon? Who was the first Justice to wear trousers beneath his Supreme Court robes?
From John Marshall, the greatest Supreme Court Justice, to Alfred Moore, one of the worst, Bernard Schwartz's A Book of Legal Lists--the first ever compiled--provides the Ten Bests and Worsts in American law (and also includes answers to 150 trivia questions about the legal world). The lists include the greatest dissents and Supreme Court "might have beens;" greatest non-Supreme Court judges (Lemuel Shaw, number one on the Greatest list, played a prominent role in recasting common law into an American mold); greatest and worst non-Supreme Court decisions; greatest law books; lawyers (including Alexander Hamilton, Clarence Darrow "Attorney for the Damned," and Abraham Lincoln); trials; and greatest legal motion pictures. Each list entry has a short essay by Schwartz explaining why it is a best or a worst, and it is in these essays that we gain a wealth of information about the legal world. We learn, for instance, that Sherman Minton, number ten on the Worst Supreme Court Justices list, was such a nonentity that he may be best remembered as the last to use the spittoon provided for each Justice behind the bench. Before he became Chief Justice, William H. Rehnquist was known for playing Trivial Pursuit on the bench, Oliver Wendell Holmes wrote 873 opinions for the Court (the most in its history), and Roger Brooke Taney, number ten on the Greatest Supreme Court Justices list, was the first Chief Justice to wear trousers beneath his robes (his predecessors had always given judgment in knee breeches).
Stretching back to the early 1700s, the law and the judges who interpret it have maintained a steady presence in our lives--sometimes for better, sometimes for worse. From disappointments like Plessy v. Ferguson (number two on the Ten Worst Supreme Court Decisions list), which gave the lie to the American ideal "that all men are created equal," to lesser known but no less important decisions such as the 1933 United States v. One Book Called "Ulysses," (number nine on the Ten Greatest Non-Supreme Court Decisions) the landmark First Amendment case that eased the law governing censorship, Bernard Schwartz provides legal experts and non-experts alike with entertaining information in a format that can be found nowhere else.

Economic analysis of law is an interesting and challenging attempt to employ the concepts and reasoning methods of modern economic theory so as to gain a deeper understanding of legal problems. According to Richard A. Posner it is the role of the law to encourage market competition and, where the market fails because transaction costs are too high, to simulate the result of competitive markets. This would maximize economic efficiency and social wealth.

In this work, the lawyer and economist Klaus Mathis critically appraises Posner s normative justification of the efficiency paradigm from the perspective of the philosophy of law. Posner acknowledges the influences of Adam Smith and Jeremy Bentham, whom he views as the founders of normative economics. He subscribes to Smith s faith in the market as an ideal allocation model, and to Bentham s ethical consequentialism. Finally, aligning himself with John Rawls s contract theory, he seeks to legitimize his concept of wealth maximization with a consensus theory approach.

In his interdisciplinary study, the author points out the possibilities as well as the limits of economic analysis of law. It provides a method of analysing the law which, while very helpful, is also rather specific. The efficiency arguments therefore need to be incorporated into a process for resolving value conflicts. In a democracy this must take place within the political decision-making process. In this clearly written work, Klaus Mathis succeeds in making even non-economists more aware of the economic aspects of the law."