The use of African indigenous languages has, for a very long time, been proscribed within the academy. The South African Constitution articulates the imperative to develop these languages in order to treat all official languages equally and to achieve parity of esteem between English and the African indigenous languages. This is critical in order to reverse the legacy of colonialism and apartheid which, wrongly, viewed African indigenous languages as shallow and inadequate. The transition to a democratic society would therefore not be complete without the revival of African heritage, language and identity. This glossary is based on the premise that the South African Constitution is one founded on tolerance and the acknowledgement of the multiple cultural, linguistic and ethnic groups that make up our diverse society. The teaching of law and administration of justice are enhanced if the law made for the people is also available in the languages of those people. This Glossary is thus a first step towards the elevation of African languages in legal education and the practice of law. The book is designed to assist students doing legal studies as well as ordinary South Africans with a limited understanding of law, by providing them with basic explanations of legal terms in both isiZulu and English. It will also be of great value to districts located in the rural areas, where magistrates encounter litigants that only have a command of indigenous languages.

This volume is a collection of essays written by Samuel E. Thorne, former legal historian and professor at the Harvard Law School. Professor Thorne was considered an authority on English legal history and common law up to the 12th century. Bringing together essays on topics such as Henry I's coronation charter, English feudalism, the early history of the Inns of Court, sovereignty and the conflict of laws and Tudor social transformation, as well as the life and writings of key figures such as Henry de Bracton and Sir Edward Coke, this collection is the essential companion to Professor Thorne's work in the field.

This a comprehensive study of the doctrine of precedent as applied in the Nigerian courts. The doctrine in the non-law making courts - customary courts and magistrates courts, has also been examined. The study is in three parts. Part One deals with the nature of judicial precedent and its importation from its English base into Nigeria, and its development there; Part Two examine the various factors which determine the worth of a judicial precedent; and in Part Three the future of the doctrine in Nigeria is projected. The book is accessibly written, drawing analogies with events in daily life. The author makes proposals for improving aspects of the law impacting on the doctrine; and overall makes a plea for a more creative use of precedents by the Nigerian courts, so as to ensure justice.

This book is a legal practice guide for the collection, storage and analysis of personal and other data in Big Data applications. It contains numerous guidelines and graphic illustrations/graphics to offer well-founded, practice-oriented support. The book illuminates the legal scope of Big Data and at the same time closes a gap in the legal literature on the subject. Its content goes beyond the purely data protection law view and combines questions in the Big Data environment, among others, from the legal sources, the protection of industrial property rights and data protection. In addition to personal data, the book also looks at non-personal data (technical data or anonymous data), which is often mixed together for Big Data analyses. These different types of data may originate from different rightholders, may be subject to different national laws, may require different legal bases and/or may be used for different analysis purposes.

This text is the result of an initiative by the International Trade Law Committee of the International Law Committee of the International Law Association to promote the progressive development of GATT/WTO law, and especially of its dispute settlement system, by making a comparative legal study of international and regional law and dispute settlement practice. Until recently there has been little discussion of the problems of GATT/WTO law and GATT dispute settlement practice. Part I of the book introduces the basic principles, procedures and historical evolution of the GATT/WTO dispute settlement system. It analyses the first experience and current legal problems with the new WTO dispute settlement system, such as the application of the Dispute Settlement Understanding to trade in services, intellectual property rights and restrictive business practices, the scope for "non-violation complaints", the standards of review, intervention by third parties, and the appellate review procedures and case-law. Part II examines the evolution of international trade law, and the application of the GATT/WTO dispute settlement procedures, in specific areas of international economic law, such as anti-dumping law, agricultural and textiles trade, restrictive business practices, trade-related environmental measures, the General Agreement on Trade in Services, the Agreement on Trade-Related Aspects of Intellectual Property Rights, and the Agreement on Government Procurement. Part III describes procedures for the settlement of international trade disputes in domestic courts and regional trade agreements, such as the EC, the South American Common Market and NAFTA and examines their interrelationships with the GATT/WTO dispute rules and procedures. The Annexes include tables of past GATT/TWO dispute settlement proceedings, as well as the texts of the WTO's Dispute Settlement Understanding and of the Working Procedures adopted by the Appellate Body of the WTO.

The authors have developed a natural order for students to understand the antitrust field based upon a division of the practices challenged into two groups. One group of competing firms eliminate competition purely among themselves. The second group of firms seek to exclude actual or potential competitors. In selecting and editing cases, the authors have preserved a sense of the historical development and jurisprudential character of antitrust law. In citing lower-court cases and secondary materials, the authors have selected only material that casts significant illumination on the subject.

"A literate, informative, vivid, and most poignant account of what happens to a society when it officially insists on a legal order that systematically denies the overwhelming majority of its population the minimum requirements of justice."--Richard A. Falk, professor emeritus of international law at Princeton University

The new Liberty Fund edition of "The Selected Writings of Sir Edward Coke" includes selections from the four volumes of the "Institutes" and cases from the "Reports," and several of Coke's speeches in Parliament. Taken together, these writings delineate the origin and nature of the modern common law and indicate the profound interrelationship in the English tradition of custom, common law, authority (of both Crown and Commons), and individual liberty. Coke's great law books and speeches are well represented on Magna Carta, citizenship, habeas corpus, freedom from wrongful search and arrest, the origins of law, judicial review, administrative law, judging, criminal law, the moral obligations of officials, the powers of King, Parliament, church, and the law, property and rights, and the profession and study of law. "The Selected Writings of Sir Edward Coke" is the first anthology of his works ever published.Steve Sheppard is a professor at the School of Law, University of Arkansas. He writes on constitutional history and theory, legal history, property law, and general jurisprudence, and he has edited "The History of Legal Education" (Salem Press, 1998).Click here for a pdf of the "Selected Writings of Sir Edward Coke" brochure

This walker's guide to London's unique Inns of Court gives just the right amount of information to encourage the visitor to look more closely at these ancient centres of tranquillity and charm. Several centuries ago the Inns of Court were any of a sizable number of buildings or precincts where barristers traditionally lodged, trained and carried on their profession. Over the centuries the number of active Inns of Court was reduced to the present four: Gray's Inn, Lincoln's Inn, The Inner Temple and The Middle Temple. Lincoln's Inn is able to trace its official records to 1422. However, by tradition, none of the Inns claims to be the oldest of the four. The Inns are near the western boundary of the City of London; nearby are the Royal Courts of Justice. Each Inn is a substantial complex usually with a great hall, chapel or church, libraries, gardens, sets of chambers for many hundreds of barristers covering several acres. The layout is similar to that of an 'Oxbridge' college. The 'chambers' were originally used as residences as well as business premises by many of the barristers, but today, with a small number of exceptions, they serve as offices only. The four inns are close to one another in central London. Middle Temple and Inner Temple are liberties of the City of London, which means they are within the historic boundaries of the City but are not subject to its jurisdiction. They operate as their own local authorities. These two inns neighbour each other and occupy the core of the Temple area. Gray's Inn and Lincoln's Inn are also near the boundary with the City of London. Tim Daniel's popular guide to the Inns of Court, now approaching its fortieth year in print, offers an easy to use and portable reference aid. Tim's lively writing style invites further investigation and gently encourages the reader to delve more deeply into the histories and occasional mysteries of these fascinating enclaves of legal learning.

In recent years the People's Republic of China has experienced rapid economic growth, brought about in large measure by dramatic increases in foreign trade and investment. China's adoption of an "open door" policy in the late 1970s also opened up its banking market to foreigners. As a result, there has been a sharp rise in the number of disputes between Chinese sovereign borrowers and foreign banks, making the availability of appropriate dispute resolution mechanisms for foreign banks a critical factor in the expansion of international finance in China. This text recognizes the need for a unique international dispute forum that addresses intricate political and diplomatic considerations and issues of state sovereignty, issues that typically arise from disputes regarding state contracts between national governments and private foreign parties. The work addresses several problematic private and public international law issues in sovereign debt litigation, including the state immunity theory, the act of state doctrine, forum non conveniens, and the difficulty in enforcing foreign judgments. It offers a comprehensive survey of the many choices open to a foreign bank operator in planning a dispute resolution strategy in China, analyzing the strengths and weaknesses of each process, and examining a series of case studies by way of illustration. The author argues that the autonomy of each party in international arbitration circumvents potential cultural and conceptual difficulties and offers a flexible, mutually acceptable means of conflict resolution which in some circumstances can prove more effective than litigation. Arbitration and the recognition and enforcement of an arbitral award may be recognized as providing a level playing field for international financial transactions between states and foreign private parties, and the non-adversarial nature of the arbitration process makes it particularly appropriate in the Chinese context.

Erlautert die Anforderungen fur die Beschaffung von Hardware, Software, Dienstleistungen und Cloud-Services Erklart die Zusammenarbeit mit der IT-AbteilungLieferantenmanagement und Stammdatenpflege Vertrags- und Lizenzmanagement

"The Regulatory Craft" tackles one of the most pressing public policy issues of our time --the reform of regulatory and enforcement practice. Malcolm K. Sparrow shows how the vogue prescriptions for reform (centered on concepts of customer service and process improvement) fail to take account of the distinctive character of regulatory responsibilities --which involve the delivery of obligations rather than just services.In order to construct more balanced prescriptions for reform, Sparrow invites us to reconsider the central purpose of social regulation --the abatement or control of risks to society. He recounts the experiences of pioneering agencies that have confronted the risk-control challenge directly, developing operational capacities for specifying risk-concentrations, problem areas, or patterns of noncompliance, and then designing interventions tailored to each problem. At the heart of a new regulatory craftsmanship, according to Sparrow, lies the central notion, "pick important problems and fix them." This beguilingly simple idea turns out to present enormously complex implementation challenges and carries with it profound consequences for the way regulators organize their work, manage their discretion, and report their performance. Although the book is primarily aimed at regulatory and law-enforcement practitioners, it will also be invaluable for legislators, overseers, and others who care about the nature and quality of regulatory practice, and who want to know what kind of performance to demand from regulators and how it might be delivered. It stresses the enormous benefit to society that might accrue from development of the risk-control art as a core professional skill for regulators.

The importance of the Law of Treasure is largely the result of the spectacular growth in the activity of metal detecting which, starting in the 1960's, has grown so much in popularity that it now brings to our knowledge each year more than a thousand objects of historical, cultural or archaeological interest. The nature and volume of these finds has in turn led to a greater public concern to ensure that measures exist which will be conducive to the retention and effective preservation of the more important of those objects. It is, of course, essential that facilities exist for the physical examination and conservation of finds and that those facilities should be accessible and adequate. But the law has an important part to play in this process by ensuring that finds of substantial value or importance should be preserved for the nation and made available to the public in museums. For many hundreds of years, the Law of Treasure was the common law of treasure trove. Today it is essentially based on the Treasure Act 1996. Although the Act is a great improvement on the common law it is nevertheless not always rational and the meaning of some of its provisions is sometimes obscure. This book aims to provide a reliable guide to the Law of Treasure in England, Wales and Northern Ireland and also to explain the role played by legal institutions, such as the Coroner, in that process. This book will be of interest to archaeologists, museums, coroner's offices, finds liaison officers, farmers and landlords' associations. It will also be of interest and utility to metal detectorists since, in addition to explaining what objects are considered to be treasure by the law, it explains the legal restrictions on searching for artefacts, the duty to report finds of treasure and the structure of the valuation process and rewards.

One of the most celebrated works in the Anglo-American legal tradition, William Blackstone's Commentaries on the Laws of England (1765-9) has recently begun to attract renewed interest from legal and other scholars. The Commentaries no longer dominate legal education as they once did, especially in North America during the century after their first publication. But they continue to be regularly cited in the judgments of superior courts of review on both sides of the Atlantic, and elsewhere throughout the common-law world. They also provide constitutional, cultural, intellectual and legal historians with a remarkably comprehensive account of the role of law, lawyers and the courts in the imperial superpower that was England on the cusp of the industrial revolution. The life and character of Blackstone himself, the nature and sources of his jurisprudence as expounded in the Commentaries, and the impact of his great book, both within and beyond his native shores, are the main themes of this collection. Individual essays treat Blackstone's early architectural treatises and their relationship to the Commentaries; his idiosyncratic book collecting; his views of the role of judges, interpretation of statutes, the law of marriage, the status of wives, natural law, property law and the legalities of colonisation, and the varied reception of the Commentaries in America and continental Europe. Blackstone's bibliography and iconography also receive attention. Combining the work of both eminent and emerging scholars, this interdisciplinary venture sheds welcome new light on a legal classic and its continued influence. I Life 1 Blackstone and Biography - Wilfrid Prest 2 A 'Model of the Old House': Architecture in Blackstone's Life and Commentaries - Carol Matthews 3 'A Mighty Consumption of Ale': Blackstone, Buckler, and All Souls College, Oxford - Norma Aubertin-Potter 4 William Blackstone and William Prynne: an Unlikely Association? - Ian Doolittle II Thought 5 Blackstone on Judging - John H Langbein 6 Blackstone's Rules for the Construction of Statutes - John V Orth 7 Blackstone and Bentham on the Law of Marriage - Mary Sokol 8 Coverture and Unity of Person in Blackstone's Commentaries -Tim Stretton 9 Blackstone's Commentaries on Colonialism: Australian Judicial Interpretations - Thalia Anthony 10 Restoring the 'Real' to Real Property Law: A Return to Blackstone? - Nicole Graham III Influence 11 American Blackstones - Michael Hoeflich 12 Did Blackstone get the Gallic Shrug? - John Emerson 13 Blackstone in Germany - Horst Dippel IV Sources 14 Bibliography - Morris Cohen 15 Iconography - J H Baker and Wilfrid Prest Contributors -Thalia Anthony lectures in law at the University of Sydney. -Norma Aubertin-Potter is Librarian-in-Charge of the Codrington Library, All Souls College, Oxford. -J H Baker, Downing Professor of the Laws of England at the University of Cambridge, is Literary Director of the Selden Society. -Morris Cohen, Professor Emeritus and Professorial Lecturer in Law, is the former Librarian of Yale Law School. -Horst Dippel is Professor of British and American Studies at the University of Kassel. -Ian Doolittle, formerly a Junior Research Fellow at Christ Church, Oxford, is a partner in the law firm Trowers and Hamlins LLP in London. -John Emerson holds a Visiting Research Fellowship in the Law School, University of Adelaide. -Nicole Graham is Senior Lecturer in the Faculty of Law, University of Technology, Sydney. -Michael Hoeflich is John H and John M Kane Distinguished Professor in the Law School, University of Kansas. -John Langbein is Sterling Professor of Law and Legal History at Yale Law School. -Carol Matthews teaches in the School of History and Politics at the University of Adelaide. -John V Orth holds the William Rand Kenan Jr Chair of Law at the University of North Carolina, Chapel Hill. -Wilfrid Prest is Professor Emeritus and Visiting Research Fellow in the Law School and School of History and Politics, University of Adelaide. -Mary Sokol holds an Honorary Research Fellowship in the Bentham Project at University College London. -Tim Stretton teaches history at St Mary's University, Halifax, Nova Scotia.

Now more than ever, architects need an interpretive guide to understand how the building code affects the early design of specific projects. This easy-to-use, illustrative guide is part of a new series covering building codes based on the International Building Code for 2006. This book presents the complex code issues inherent to healthcare facility design in a clear, easily understandable format.

One of the most comprehensive examinations of US torture policy, from the Cold War to the War on Terror to the debate over accountability Waterboarding. Sleep deprivation. Sensory manipulation. Stress positions. Over the last several years, these and other methods of torture have become garden variety words for practically anyone who reads about current events in a newspaper or blog. We know exactly what they are, how to administer them, and, disturbingly, that they were secretly authorized by the Bush Administration in its efforts to extract information from people detained in its war on terror. What we lack, however, is a larger lens through which to view America's policy of torture-one that dissects America's long relationship with interrogation and torture, which roots back to the 1950s and has been applied, mostly in secret, to "enemies," ever since. How did America come to embrace this practice so fully, and how was it justified from a moral, legal, and psychological perspective? The United States and Torture opens with a compelling preface by Sister Dianna Ortiz, who describes the unimaginable treatment she endured in Guatemala in 1987 at the hands of the the Guatemalan government, which was supported by the United States. Then a psychologist, a historian, a political scientist, a philosopher, a sociologist, two journalists, and eight lawyers offer one of the most comprehensive examinations of torture to date, beginning with the CIA during the Cold War era and ending with today's debate over accountability for torture. Ultimately, this gripping, interdisciplinary work details the complicity of the United States government in the torture and cruel treatment of prisoners both at home and abroad and discusses what can be done to hold those who set the torture policy accountable. Contributors: Marjorie Cohn, Richard Falk, Marc D. Falkoff, Terry Lynn Karl, John W. Lango, Jane Mayer, Alfred W. McCoy, Jeanne Mirer, Sister Dianna Ortiz, Jordan J. Paust, Bill Quigley, Michael Ratner, Thomas Ehrlich Reifer, Philippe Sands, Stephen Soldz, and Lance Tapley.

Most new law is statutory law; that is, law enacted by legislators. An important question, therefore, is how should this law be interpreted by courts and agencies, especially when the text of a statute is not entirely clear. There is a great deal of scholarly literature on the rules and legal materials courts should use in interpreting statutes. This book takes a fresh approach by focusing instead on what judges should do once the legal materials fail to resolve the interpretive question. It challenges the common assumption that in such cases judges should exercise interstitial lawmaking power. Instead, it argues that--wherever one believes the interpretive inquiry has failed to resolve the statutory meaning--judges can and should use statutory default rules that are designed to maximize the satisfaction of enactable political preferences; that is, the political preferences of the polity that are shared among enough elected officials that they could and would be enacted into law if the issue were on the legislative agenda.

These default rules explain many recent high-profile cases, including the Guantanamo detainees case, the sentencing guidelines case, the decision denying the FDA authority to regulate cigarettes, and the case that refused to allow the attorney general to criminalize drugs used in physician-assisted suicide.

Despotic Dominion brings together the work of scholars whose study of the evolution of property law in the colonies recognizes the value in locating property law and rights within the broader political, economic, and intellectual contexts of those societies. The stimulus for this new interdisciplinary scholarship has emerged from litigation and political action for the resolution of questions of Aboriginal title and other disputes over property rights in several former settler colonies, most notably Australia, Canada, and New Zealand. As the essays in this book demonstrate, a significant part of the recent explosion in interest and speculation about property rights relates historically to the securing of a more reliable cultural context for assessing these claims. For this reason, Despotic Dominion will be of interest not only to students and researchers of colonial history, but also to scholars of native studies and law, as well as those interested in the contested terrain of property rights.

The Selected Writings of Sir Edward Coke contains the most important works of the great English jurist-politician who set out to codify English common law. In his Reports, which are reports of court proceedings, and his Institutes, which state the law, Coke set down a view of English law that has had a powerful influence on lawyers, judges, and politicians through the present day. Liberty Fund's Selected Writings of Sir Edward Coke includes not only selections from the four volumes of the Institutes and cases from the Reports, but also several of Coke's speeches in Parliament, Coke's opinions from the bench, and opinions of Coke as recorded by others from official cases and court records. Taken together, these writings delineate the origin and nature of English law and indicate the profound interrelationship in the English tradition of custom, common law, authority (of both Crown and Commons), and individual liberty.

Awarded the Bancroft Prize in American History in 1978, Morton J. Horwitz's The Transformation of American Law, 1780-1860 is considered one of the most significant works ever published in American legal history. Since its publication in 1977, it has become the standard source on early nineteenth-century American law. In this monumental book, Morton J. Horwitz offers a sweeping overview of the emergence of our national (and modern) legal system from English and colonial antecedents. He begins with the common law, which emerged during the eighteenth century as the standard doctrine with which to solve disputes in an egalitarian manner. He shows that the turning point in the use of common law came after 1790, when the law was slowly transformed to favor economic growth and development, and the courts began to spur economic competition rather than circumscribe it. This new instrumental law would flourish during the nineteenth century as the legal profession and the mercantile elite forged a mutually beneficial alliance to gain wealth and power. Horwitz also demonstrates how the emergence of contract law corresponded to the development of economic and legal institutions of exchange. And he discusses how the rise of the market economy influenced legal practices, how contracts became ways to negate preexisting common law duties, and how (to the benefit of entrepreneurs and commercial groups) the courts were able to overthrow earlier anticommercial legal rules. Previous historical studies have viewed law and policy as an accurate reflection of the needs of an undifferentiated society. In The Transformation of American Law, Horwitz successfully challenges this misconception and shows how, in theeighty years after the American Revolution, a major change in law took place in which aspects of social struggle turned to legal channels for resolution. Looking into the distribution of wealth and power during this time, Horwitz finds indeed that the change in legal ideology enabled commercial groups to win a disproportionate amount of wealth and power in American society. An accessible account of the history of law, this is a powerful statement on the great role of the legal system in American economic development.