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Books > Law > Laws of other jurisdictions & general law > General
The European Union is a distinctive creation. There have been several examples of countries that have forged links in ventures of mutual benefit, but in aim, method and achievement this union has gone much further than the others. From the beginning, the EU has always been more than just a customs union. It has aimed for an ever closer union of its peoples and has developed supranational institutions with powers binding upon its members. Since its creation in 1993 it has also grown in size and in the extent of its responsibilities. Integration and intergovernmentalism have been the two forces at work in the evolution of the Community into the Union of 27 members today. In this volume the author sets out to provide an authoritative study of the EU, which clearly explains how it functions and makes it intelligible to a wide readership. Key Features *Up-to-date and comprehensive coverage of key aspects, including history and developments, institutions, politics and policy processes *Includes an analysis of the role and attitudes of the member states *Information is clearly and accessibly presented *Will appeal to students and also to professionals working in European Union agencies and organisations *Contains maps, boxes, tables, glossaries of key terms and a guide to further reading
This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.
Can there be such a thing as a European sociology of law? The uncertainties which arise when attempting to answer that straightforward question are the subject of this book, which also overlaps into comparative law, legal history, and legal philosophy. The richness of approaches reflected in the essays (including comparisons with the US) makes this volume a courageous attempt to show the present state of socio- legal studies in Europe and map directions for its future development. Certainly we already know something about the existence of differences in the use and meaning of law within and between the nation states and groups that make up the European Union. They concern the role of judges and lawyers, the use of courts, patterns of delay, contrasts in penal 'sensibilities', or the meanings of underlying legal and social concepts. Still, similarities in 'legal culture' are at least as remarkable in societies at roughly similar levels of political and economic development. The volume should serve as a needed stimulus to a research agenda aimed at uncovering commonalities and divergences in European ways of approaching the law.
Money laundering is the process of converting or transferring cash or other assets, generated from illegal activity, in order to conceal or disguise their origins. In recent years, the international community has decided that focusing on money laundering is an efficient strategy in policing organized crime and, now terrorism. To this end, countries are encouraged to harmonize their policies and legislation and, to some extent, their policing strategies. Before adopting these new strategies, however, it is important to understand the extent of money laundering in different jurisdictions, as well as the likelihood of success and the costs involved in these anti-laundering strategies. This new work by Margaret E. Beare and Stephen Schneider brings empirical evidence to the study of money laundering in Canada - a topic that has recently assumed an international profile. They challenge the seemingly common sense notion, fueled by political posturing and policing rhetoric, that taking the profits away from criminals is a rational law enforcment strategy. Using data from police cases, the inner working of financial institutions, and the 'successful' claims of privilege from our legal profession, the final picture that the authors paint is of a good enforcement strategy run amuch amid conflicting interests and agendas, an overly ambitious set of expectations, and an ambiguous body of evidence as to the strategy's overall merits.
Economics of Crime presents the basic model of criminal behavior and law enforcement. The authors start by reviewing the economics of criminal behavior. Models of criminal behavior applying the model of individual rational behavior are presented. Empirical studies surveyed use regression analyses and employ data from states and police regions down to individuals. These studies tend to support the hypothesis that the probability of punishment and the severity of punishment have a deterrent effect on crime. Methodological problems relating to the assumption of rationality, statistical identification of equations, measurement errors, and operationalization of theoretical variables are discussed. Economics of Crime also review the theory of public enforcement including probability and severity, fines and imprisonment, repeat offenders, incentives of enforcers, enforcement costs and enforcement errors. Economics of Crime is intended for economists and lawyers, practitioners, scholars and students in the field of law and economics, microeconomics, and criminology who wish to learn the basics of the economics of crime, criminal behavior, and law enforcement.
Good Government? Good Citizens? explores the evolving concept of the citizen in Canada at the beginning of this century. Three forces are at work in reconstituting the citizen in this society: courts, politics, and markets. Many see these forces as intersecting and colliding in ways that are fundamentally reshaping the relationship of individuals to the state and to each other. How has Canadian society actually been transformed? Is the state truly in retreat? Do individuals, in fact, have a fundamentally altered sense of their relationship to government and to each other? Have courts and markets supplanted representative politics regarding the expression of basic values? Must judicialized protection of human rights and minority interests necessarily mean a diminished concern for the common good on the part of representative politics? To what extent should markets and representative politics maintain a role in the protection of human rights and minority interests? Will representative politics ever hold the public trust again? Good Government? Good Citizens? responds to these questions. over the last two decades. It then examines a number of areas to gauge the extent of the evidence regarding transformations that have occurred because of these changing roles. There are chapters on the First Peoples, cyberspace, education, and on an ageing Canada. The book concludes with reflections on the good citizen at the dawning of the new century. Of particular interest to professors and students of law and political science, Good Government? Good Citizens? will appeal to anyone interested in the changing face of Canada and its citizens.
'Standing Trial' focuses on the relationship between the law and the concept of the person in modern Arab societies. It directly addresses the questions of continuities, transformations and ruptures of such notions. Law performs a central function in revealing social and historical dynamics and in being itself a tool of its implementation. The introduction of Western-style legal systems partially led to a transposition of characteristics of centrality, individualism and secularism. 'Standing' Trial is the first truly interdisciplinary study of its subject, combining legal, historical and socio-legal perspectives. It is a highly original and important contribution to the study both of the language of law and the history of law in the Middle East. Contributors include Khaled Fahmy, Mohamed Nachi, Armando Salvatore, Oussama Arabi and Maurits Berger.
Every librarian who wants to make wise policy decisions and protect the organization from legal challenges can now consult the library legal team of Minow and Lipinskil Libraries are in the thick of legal issues as new technologies add layers of complexity to everyday work in the library. How do you know what's legal? What can you do to identify and address issues before they turn into bona fide legal matters? Where do you turn for help? In this comprehensive and authoritative, yet easy-to-understand Q & A customized for librarians, you'll find expert guidance on complex issues. With coverage of all the issues of the day - filters, fair use, copyright, Web publishing and Internet use, software sharing, ADA compliance, free speech, privacy, access, and employment and liability issues - you will have a ""librarian's J.D."" in short order! This timely and practical desktop tool: Focuses on quick and reader-friendly answers to common legal questions; Provides examples of legal challenges faced in libraries; Includes precedents and case citations to conduct additional research; Supports libraries in their commitment to access without liability; With detailed and ready-to-apply answers to more than 600 legal questions; this trouble-shooting guide will become your favorite quick-reference.
Everything estate owners need to establish a successful living trust "Doug Moy’s Living Trusts lives for me. All Enrolled Agents and CPAs need this easy-to-understand information at their fingertips so they can properly advise their clients about this important issue." "My clients often request recommendations for materials written in nonlegal jargon about revocable living trusts and estate planning in general. This publication is at the top of my list of recommendations. Professionals in the estate planning field will also find this comprehensive study very useful." When properly designed, a revocable living trust can provide all of the estate tax-saving benefits available under a decedent’s Last Will, eliminate a lifetime court-supervised financial guardianship of a person’s financial affairs in the event of physical or mental incapacity, and, upon the trustor’s death, facilitate estate administration without the necessity of a court-supervised process, or probate. Shockingly often, however, trusts are poorly designed and underfunded, nullifying all of their considerable advantages. Living Trusts, Third Edition shows the estate owner how to set up, fund, and manage a living trust that will protect the trustor’s financial affairs in both life and death. The Third Edition of this popular and proven resource completely revises and updates all of its chapters, empowering readers to ask the appropriate questions of their attorneys and create the kind of financial arrangements that are right for them. New chapters on the continuing need for estate planning and on qualified and nonqualified plans have been added, and four complete sample revocable living trusts and pour-over wills are provided on an accompanying Web site. The Third Edition also contains new information on topical issues, such as:
Throughout the book, hot-button subjects are highlighted under "Ask Your Attorney" sections, with subsequent "Answer" sections provided to help readers gauge their legal advisor’s effectiveness. A corollary Web site contains sample forms used to fund a revocable living trust, and all chapters reflect the changes made by the recent Economic Growth and Tax Reconciliation Acts and IRS rulings. Living Trusts, Third Edition proves the premier resource for both estate-planning professionals and estate owners who are interested in taking advantage of this powerful tool.
`This handbook planned for carer's will offer relatives and friends with noteworthy organizational health care information. It will also help guide carer's regarding the key roles, and the functions of support agencies that are seen as crucial elements when planning and seeking alternative care interventions...This book aims to provide carers with basic facts and the confidence to deal more effectively with their role.' - The International Journal of Psychiatric Nursing Research This is an essential resource for all people caring for family members or friends with mental illness. Written by experts, Mental Illness: A Handbook for Carers provides basic information on: * forms of mental illness * treatment plans * what to do in an emergency * the role of mental health professionals and other agencies * legal issues and confidentiality * housing, work and benefits. Mental Illness examines the provision made for people with mental illness and their carers, and the support that is available to them. It includes information on housing, employment, social services and the law. The writers avoid jargon, and the book includes a glossary of terms with which carers may be unfamiliar. Accessible, practical and comprehensive, this handbook acts as a one-stop shop for anyone caring for a person with a mental illness.
A bomb, an anarchist's 'accidental death', the murder of a police commissar, and the confession of a former member of Lotta Continua led to seven dubious court cases and a tale of political opportunism and dishonesty. Standing in the tradition of Emile Zola's famous J'accuse polemic against the Dreyfus trial at the end of the nineteenth-century, the historian Carlo Ginzburg draws on his work on witchcraft trials in the sixteenth- and seventeenth-centuries to dissect the weaknesses and contradictions of the state's case in this late-twentieth-century political show-trial and reflects more generally on the similarities and differences between the roles of the historian and the judge.
She took the law into her own hands
Remedies lie at the heart of European legal systems. They both reflect and shape the balance of power between states and individuals and between state and supranational institutions. These profound political implications can be better understood by thinking about the functional roles and institutional histories of remedies. These implications,roles and histories are considered in this volume of challenging and original essays on remedial systems in Europe. This book explores the lively and often controversial dialogues between courts, national and supranational, on remedies. In so doing, it addresses the adequacy of these dialogues in the light of perceived systemic goals, both in an overall institutional sense and as regards specific sectoral objectives or institutional actors' aspirations. In particular, the book looks at the way in which remedies in the EC legal order interact with those in other legal orders such as the Council of Europe and private international law. It also identifies problems of interaction between different Council of Europe mechanisms under the Convention on Human Rights and the Social Charter. The book also examines the contribution of courts to remedial systems by considering other methods of formulating and redressing claims. Contributors: Claire Kilpatrick, Takis Tridimas, Leo Flynn, Antonio Lo Faro, Carol Harlow, Steve Weatherill, Bernard Ryan, Miguel Poiares Maduro, Henry G.Schermers, Angela Ward, Paul Beaumont, Robin White, Phil Syrpis, Tonia Novitz, Richard Rawlings.
Born of a series of research seminars, supported by the ESRC and the European Law Journal, this book tackles the most pressing issue raised by intensified European integration: the demise of sovereign states and the design of theoretical frameworks within which issues of post-national democracy and legal legitimacy might be considered. Decoupling "law" from "state," the various contributions raise fundamental questions about the political legitimacy and constitutionality of the European Union's normative order, and begin to develop new structures for the meaningful evaluation of the post-statal organization. Still firmly rooted in a liberalized market, but now also concerned with far broader political and social issues, the EU has challenged the traditionally strict demarcation between law, political science and economics. By bringing together all three disciplines to study the legal theory implications of the EU, this book offers its readers a novel methodology: analyzing the constitutionalization of the European legal order with an eye to "real-world" political and economic concerns.
The application of psychological principles to research and practice in crime prevention, detection, legal processes and offender treatment is a feature of the growing number of advanced undergraduate courses and graduate courses, and professional training programmes. This book reflects the need to provide an overview of psychological knowledge and its forensic applications and implications, to psychology students and its forensic applications and implications, to psychology students and to related professional disciplines such as psychiatry, nursing, policing, law, prison work and probation.
In The Limits of the Rule of Law in China 12 authors from different academic disciplines reflect on questions that have troubled Chinese and Western scholars of jurisprudence since classical times. Using data from the early 19th century through the contemporary period, they analyze how tension between formal laws and discretionary judgment is discussed and manifested in the Chinese context. The contributions cover a wide range of topics, from interpreting the rationale for and legacy of Qing practices of collective punishment, confession at trial, and bureaucratic supervision to assessing the political and cultural forces that continue to limit the authority of formal legal institutions in the People's Republic of China.
This unique study offers a comprehensive analysis of American jurisprudence from its emergence in the later stages of the nineteenth century through to the present day. The author argues that it is a mistake to view American jurisprudence as a collection of movements and schools which have emerged in opposition to each other. By offering a highly original analysis of legal formalism, legal realism, policy science, process jurisprudence, law and economics, and critical legal studies, he demonstrates that American jurisprudence has evolved as a collection of themes which reflect broader American intellectual and cultural concerns.
Asks why has the law failed to protect animals from exploitation? Exploring different facets of this issue, this title discusses the history of the treatment of animals, anticruelty statutes, vivisection, the Federal Animal Welfare Act, and specific cases such as the controversial injury of anaesthetized baboons at the University of Pennsylvania.
Challenging the long-cherished notion of legal objectivity in the United States, this book argues that Chicano history has been consistently shaped by racially biased, combative legal interactions. The book is an insightful and provocative exploration of the ways Chicano and Chicana artists, writers, musicians and filmmakers engage this history in order to resist the disenfranchising effects of legal institutions, including the prison and the court. Gutierrez-Jones examines the process by which Chicanos have become associated with criminality in both legal institutions and mainstream popular culture in America and thereby offers a new way of understanding minority social experience. Drawing on gender studies and psychoanalysis, as well as critical legal and critical race studies, Gutierrez-Jones's approach to the law and legal discourse reveals the high stakes involved when concepts of social justice are fought out in the home, in the workplace and in the streets.
The 'Frontiers of Liability' is the title of a series of high-level seminars held in All Souls College, Oxford during 1993 and 1994. Drawing together top academics, practitioners and judges, these seminars have sought to identify current trends in English law and have provided a forum for experts to give their assessment of how the law will develop in the future. The papers produced for the first 4 seminars and the comments made by the distinguished rapporteurs are reproduced in this volume. Anyone interested in the future of the law of restitution, the common law, judicial review, and the law relating to children will find these essays essential reading. Contributors: Charles Harpum, Sir Leonard Hoffman, Peter Birks, William Swadling, Sir Peter Millett, John Birds, W. R. Cornish, Sir Patrick Neill, Martin Loughlin, D. J. Galligan, Peter Cane, Andrew Bainham, Sheriff David Kelbie, J. M. Thomson, Stephen Cretney
In recent years the mediation movement has seen tremendous growth
with significant advances being made in both research and practice.
Despite these advances, reseachers and practitioners have remained
relatively isolated from one another. Bridging the gap, COMMUNITY
MEDIATION is dedicated to the mutual education of both researchers
and mediators. It makes the findings of research accessible to
practitioners and the issues of concern to practice available to
researchers. Thus, this handbook affords researchers an excellent
opportunity to learn more about actual techniques and enables
practitioners to benefit from the latest research in the
field.
"Contemporary Cases in Women's Rights" is an introduction to the
most important recent court decisions affecting women in the United
States. Abortion, sexual harassment, pornography, surrogate
motherhood, rape, custody rights--the legal and social questions
surrounding these issues all come to life through excerpts of
important U. S. Supreme Court and lower court cases. It is the only
casebook on this topic geared to undergraduates and can be read on
its own or used with Goldstein's more historically comprehensive
casebook, "The Constitutional Rights of Women,"
Cocaine Hoppers provides empirical evidence to explain the involvement of Nigerians in the global cocaine trade. Investigating the criminogenic environment created by the Nigerian 'state crisis,' Oboh traces the geographic, demographic, economic, historical, political, and cultural factors enhancing cocaine culture in Nigeria. Based on years of research, Oboh reveals this social network that relies on "reverse social capital" wherein wealth and power are achieved through illegal means solely to benefit the individual. This lively, theoretically grounded study examines the new trend of traffickers dominating the illicit cocaine trade through West Africa to destinations across the globe to provide an account of Nigerian involvement in international drug trafficking as it has never been divulged before. This book will be appreciated by criminologists, social scientists, policymakers, drug researchers and organized crime scholars. And eagerly be read by those interested in Nigeria, and problems of African immigrants, and in the international drug trafficking.
This case, entered on the Court's General List on 19 December 1994, under number 95, was the subject of an Advisory Opinion delivered on 8 July 1996. The documents relating to the case include: Volume I. Request for Advisory Opinion; Written Proceedings; Volume II. Oral Statements. A CD-ROM containing the annexes can be found in a sleeve at the end of each volume
This case, entered on the Court's General List under no. 93 and the subject of an Advisory Opinion delivered on 8 July 1996, also proved a landmark Advisory Opinion of the ICJ. The documents relating to the case include: Volume I: Request for Advisory Opinion; Written Proceedings; Volume II: Oral Statements |
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