German public law has been taught in universities since the early 17th century and continues to this day to be a dominant subject in German legal culture, especially in its modern incarnations of constitutional and administrative law, and European and international law. Michael Stolleis's Public Law in Germany: A Historical Introduction from the 16th to the 21st Century, expertly translated by Thomas Dunlap, provides an account of the fundamental developments in public law that situates current debates in the German Federal Constitutional Court as well as the role of the nation-state in Europe more broadly. It further examines the role of fundamental rights through the lens of Germany's special administrative courts and discusses their important role in the advancement of German law. Written with students in mind, the book distils Stolleis's masterful four-volume History of Public Law in Germany, the third volume of which (1914-1945) was published by Oxford University Press in 2004. It is an invaluable companion to the understanding of German public law more generally.

The book surveys the enforcement of EU law through the lens of damages claims for violations of EU public procurement rules. The first part clarifies the requirements on damages claims under both public procurement and general EU law, notably the public procurement remedies directives and doctrines such as procedural autonomy, effective judicial protection and Member State liability. The second part focuses on comparative law, covering England, France, Germany and the Netherlands, and provides an overview of national regulation and case law of damages litigation in the area of public procurement. A third part discusses the constitutive and quantification criteria of the damages remedy from a comparative and EU law perspective. It explores the lost chance, which functionally emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. The book concludes with a proposal for legislative intervention regarding damages in public procurement.

Occupiers' liability is an area of tort law rich in statutory material and jurisprudence, having developed outside the framework of general negligence liability. It governs the duty of care which an occupier, landlord or builder owes to people who visit or trespass on their land. As the only text offering in depth analysis and commentary on the legislation and case law surrounding occupiers' liability, this book represents a key reference text for all those involved in advising on or researching this area. Each aspect of the law in this area is examined in detail, with the definitions of premises, occupiers, visitors, and trespassers analysed through a substantial body of case law. The types of harm which occupiers may be liable for and the available defences are also given detailed discussion. Further chapters are devoted to the specific provisions and precedents governing the scope of the statutory duty of care, liability of independent contractors, and the liability of occupiers to those who enter premises under contract. The text also covers the statutory regime and case law surrounding liability for defective premises under the Defective Premises Act 1972, which replaced provisions relating to this under the 1957 Occupiers' Liability Act. The book includes the full text of both the 1957 and the 1984 Occupiers' Liability Acts and of the Defective Premises Act 1972.

New Pleading in the Twenty-First Century: Slamming the Federal Courthouse Doors? is the first book to comprehensively analyze, critique, and provide solutions for the new pleading regime in U.S. federal courts. In two recent decisions, the U.S. Supreme Court dramatically altered the pleadings landscape by imposing a version of fact pleading and merits screening--what the author calls "New Pleading"--that has not existed in the U.S. for 70 years.
The result of this abrupt regime change is a broad, significant, and adverse effect on litigant access to civil justice. But because of its nascence, no scholar has provided a comprehensive, doctrinal, theoretical, and prospective look at what it means for U.S. federal civil procedure, both in the United States and in the larger global community. This book takes on that task. It synthesizes a theoretical account of New Pleading, argues that New Pleading is inconsistent with a system of procedural justice, and provides two distinct solutions for rectifying the inconsistency: return to Old Pleading or the adoption of "New Discovery." Finally, this volume situates New Pleading and the solutions the author advocates in a wider international comparative context.

This book offers an in-depth analysis of the differences between common law and civil law systems from various theoretical perspectives. Written by a global network of experts, it explores the topic against the background of a variety of legal traditions.Common law and civil law are typically presented as antagonistic players on a field claimed by diverse legal systems: the former being based on precedent set by judges in deciding cases before them; the latter being founded on a set of rules intended to govern the decisions of those applying them. Perceived in this manner, common law and civil law differ in terms of the (main) source(s) of law; who is to create them; who is (merely) to draw from them; and whether the law itself is pure each step of the way, or whether the law's purity may be tarnished when confronted with a set of contingent facts. These differences have deep roots in (legal) history - roots that allow us to trace them back to distinct traditions. Nevertheless, it is questionable whether the divide thus depicted is as great as it may seem: international and supranational legal systems unconcerned by national peculiarities appear to level the playing field. A normative understanding of constitutions seems to grant ever-greater authority to High Court decisions based on thinly worded maxims in countries that adhere to the civil law tradition. The challenges contemporary regulation faces call for ever-more detailed statutes governing the decisions of judges in the common law tradition. These and similar observations demand a structural reassessment of the role of judges, the power of precedent, the limits of legislation and other features often thought to be so different in common and civil law systems. The book addresses this reassessment.

To any professional concerned with exceptional children, it would be the greatest understatement to say that the courts and legislatures have had a tremendous impact on the field of speeial education. Especially in the last decade, a flood of litigation filed to develop and define the right to education of previously unserved handicapped children has left no special education teacher, school adminis trator, nurse, educational psychologist, or pediatrician unaffected-either be cause these professionals are daily called upon to help children, or because they may come forward as witnesses on behalf of children who are the subjects of special education meetings, individualized education programs, placement hear ings, or judicial proceedings. Thus, for these people, questions regarding a student's legal rights are immediate and pervasive. This book developed out of the need to provide nonlegal professionals with a lawyer's view of the huge body of court cases and federal laws and regulations that affect their practice as well as their students and clients. An introductory chapter provides the historical basis of the current interface between law and special education. The Education for All Handicapped Children Act of 1975 and Sec tion 504 of the Rehabilitation Act of 1973, and their regulations promulgated in 1977, are the major national laws in the field ~nd are therefore described in Chapters 2 and 3.

Globally, the methodologies of legal education have not changed in any fundamental way, some methods dating back hundreds of years. Law schools have relied, for too long, on passive learning methods such as lectures or cases. Clinical legal education provides an alternative that is more than just another pedagogical method. It provides a way for students to experience their emerging professional selves, while providing services or projects with poor and underrepresented clients. This book documents both the historical origins of clinical experiments in the earliest days of US university legal education, and the now-global reach of clinical pedagogy as a proven tool for effective training of legal professionals.

First published in 2004, English Public Law has become the key point of reference on English public law for lawyers in the UK and throughout the world. Now in its second edition, the book acts as an accessible first point of reference for practitioners approaching a public law issue for the first time, while simultaneously providing a lucid, concise and authoritative overview of all the key areas of public law (constitutional, administrative, human rights, and criminal law) within one single portable volume.
The second edition has been completely updated to take account of all key legislative and procedural changes since 2004, including:

.The Constitutional Reform Act 2005
.recent higher courts decisions concerning public law and human rights
.the Criminal Procedure Rules 2005

Written and edited by a team of acknowledged experts on English law, the book offers proven reliability and as part of the Oxford Principles of English Law Series, is the companion volume to the second edition of English Private Law edited by Professor Andrew Burrows FBA.
The book is an ideal quick reference for practitioners to fall back on when a client raises a point outside their normal area of expertise as well as for academics, overseas libraries, and practitioners overseas who want a one stop resource on English public law.
A supplement published between editions, will ensure that the book is kept up to date."

Die historisch gewachsenen nationalen Haftungsrechte in der EU stehen vor einer unbewaltigten doppelten Herausforderung: Zum einen die Anpassung an die (post)industrielle Moderne (Stichworte: Risiken, Versicherung, Unternehmenshaftung); zum anderen die Harmonisierung in dem gemeinsamen Binnenmarkt der EG und in dem Verfassungsraum der EU. Der Verfasser misstraut allfalligen Kodifikations- und Vereinheitlichungsinitiativen. Er setzt auf die Annaherung "von unten," d. h. uber die vorfindlichen Rechtsordnungen der Mitgliedstaaten. Dies setzt einen europaischen Diskurs uber Struktur, Prinzipien und Schutzbereich voraus. Hierzu leistet der Verfasser fur das Haftungsrecht einen Beitrag. In kritischer Auseinandersetzung mit dem deutschen Recht und mit vergleichendem Blick auf das englische und amerikanische sowie das franzosische Recht arbeitet er Entwicklungsperspektiven fur ein europaisches Haftungsrecht heraus."

This book studies the US Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, which often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules, using them as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, including established legal standards, the insights derived from deductive and inductive reasoning, the lessons learned from history and custom, and an examination of the social and economic consequences of the decision.

To most Americans, the law--especially noncriminal (civil) law--is a mystery that only someone with a law degree can solve. With a masterful mixture of explanatory text, real cases showing the law at work, and the reflections of important historical and contemporary legal thinkers, "Understanding Law in a Changing Society" renders the complexity of law at a level that everyone can understand. The book walks students through the structure of the legal system, different divisions of civil law, and the core concepts and distinctions that underlie contemporary legal thought. It also provides insight into the way law and social change effect one another.In this revised and updated third edition, important developments in judicial selection, the state secrets doctrine, and family law (including same-sex marriage, child custody, and unwed fathers' rights) are highlighted.Author team This distinguished author team includes scholars and award-winning teachers from political science and public justice, as well as one who has practiced law in a private setting before joining the scholarly world.Multidisciplinary appeal Over the years, this text has been a reliable one for a variety of courses in a variety of departments introducing the American court system to students in political science, pre-law, criminal justice, and law & society courses.Features In the new edition, the authors have provided updated information for every chapter in a compact introduction to the text. Updates include new cases, readings, discussion questions, legal terms to know, further readings, and "You Be the Judge" items--all the features (including chapter objectives) that have made this text stand out from its inception.Updates Highlights of the updates include important developments in judicial selection, the state secrets doctrine, and family law including same-sex marriage, child custody, and unwed fathers' rights.New Features In addition, this edition includes for the first time annotated Websites for legal studies and a full text Glossary. This website for the book includes live links to the new sites in the book.How to Brief a Case For students new to law who may find the case format intimidating, the text opens with a section explaining step by step how to approach this task.Distinctiveness What sets this text apart from others you may consider? We think that its combination of casebook, reader, and basic text material is skillfully and uniquely woven together in a presentation designed for student interest and comprehension. Fascinating cases have been edited and introduced at just the right pitch and level. Students will come away with a solid understanding not just of the rule of law, but of how it works. The process of legal decisionmaking is at least as important as the laws themselves, for understanding the process helps students deal with complexity and inevitable change in the system.Finally, even with the new material and updates, this text is more compact than other introductory texts, offered in paperback, and competitively priced. In addition to its many other attributes, students will appreciate this text Websites from the Revised and Updated Third Edition

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Universite Paris Nanterre and consultant in international law.

This collection of essays explores the evolution of anti-discrimination law in European civil law jurisdictions. Historically, scholarship in this area has focused on the common law, which has also taken the lead in developing the theory and practice of anti-discrimination law. This volume breaks new ground by offering a sustained, critical, legal and socio-legal, comparative look at how anti-discrimination is faring in European civil law environments. While it is true that anti-discrimination law is seen as a foreign transplant in some regions, it does not fare poorly across the board. As shown by the case studies herein, the success of anti-discrimination law is found to vary according to its national context, the actors involved, and the evolution of the particular concept or ground of discrimination in question.

In its current state, the global food system is socially and ecologically unsustainable: nearly two billion people are food insecure, and food systems are the number one contributor to climate change. While agro-industrial production is promoted as the solution to these problems, growing global "food sovereignty" movements are challenging this model by demanding local and democratic control over food systems. Translating Food Sovereignty accompanies activists based in the Pacific Northwest of the United States as they mobilize the claim of food sovereignty across local, regional, and global arenas of governance. In contrast to social movements that frame their claims through the language of human rights, food sovereignty activists are one of the first to have articulated themselves in relation to the neoliberal transnational order of networked governance. While this global regulatory framework emerged to deepen market logics, Matthew C. Canfield reveals how activists are leveraging this order to make more expansive social justice claims. This nuanced, deeply engaged ethnography illustrates how food sovereignty activists are cultivating new forms of transnational governance from the ground up.

Die Autoren legen eine Darstellung der Rechtsgeschichte vom Ende des westrAmischen Reiches bis zum Umbruch um 1800 vor, die sich in Gliederung und Perspektive von der Alteren, ausgesprochen oder unausgesprochen auf den Staat bezogenen Rechtsgeschichte lAst. Bezugspunkt der Rechtsentwicklung ist vielmehr der genossenschaftliche Lebenszusammenhang, der sich seit dem Hochmittelalter in der lAndlichen und der stAdtischen Gemeinde oder Kommune verdichtet und rechtlich ausformt. Die Entwicklung der traditionalen Rechtsformen wie auch das Eindringen des gelehrten Rechtsdenkens werden so von ihren Wirkungskreisen her gesehen. Das Buch bringt fA1/4r Wissenschaftler wie interessierte Studenten der Rechts- und Geschichtswissenschaften sowie der weiteren einschlAgigen Disziplinen synthetische Darstellungen wie problemorientierte ErArterungen des Forschungsstandes. Dieser wird zudem in ausfA1/4hrlichen, wissenschaftsgeschichtlich angelegten LiteraturA1/4bersichten zu den Hauptkapiteln dokumentiert.

The book analyzes the most relevant developments in the relation between contracts and technology, from automatically concluded contracts to today's revolutionary "smart contracts" developed through blockchain, which are beginning to and will increasingly disrupt many economic and social relations. First of all, the author offers a broad analysis of the peculiarities and evolution of the relation between contracts and technology. The main features and elements of electronic contracts are then examined in depth to highlight the specific rules applicable to them in the international comparative legal framework. In turn, the book provides a detailed explanation of the technology, economic and social dynamics, and legal issues concerning blockchain and smart contracts. The analysis focuses on the question of the legal nature of smart contracts, the issues posed by their development and the first legal solutions adopted in some countries. The comparative approach pursued makes it possible to focus attention on the first solutions adopted until now in various systems, with particular regard to the circulation of models and ideas and to the specificities of their local variations, in terms of e.g. applicable law and jurisdiction. In reviewing the characteristics of distributed ledger technologies, and in particular of the blockchain technology on which smart contracts are based, above all the peculiarities of the latter are taken into consideration, especially automatic execution and resistance to tampering, which simultaneously present significant opportunities and complex legal issues. A comprehensive framework is then provided to reconcile smart contracts with comparative contract law, in order to define the scope and specificities of their binding force, legal effectiveness and regulation in various legal systems. Lastly, with specific reference to the elements, pathologies and contractual remedies for smart contracts, the book examines the peculiarities of their application and the main issues that emerge in comparative contract law in order to promote their harmonized use, in keeping with the transnational nature of such a revolutionary tool.

This book states that sustainable development has become an influential discourse worldwide. Climate change is not only an urgent problem, but it is also a fundamental spiritual question concerning social justice and sustainable peace development as well as solidarity among people of various religious backgrounds and different countries. Thus, this global problem must be faced and recognized for future actions and strategies. However, the politics of fear must be replaced with a culture of peace, hope, and compassion, and this urgent problem must be faced with an optimistic attitude and a certain degree of preparedness. Climate change is evident in many forms, such as, for example, the most obvious-recent weather fluctuations that happen around the world. Floods, droughts, and hurricanes are those visible signs of climate change. Human-caused climate change is projected to greatly impact marine, freshwater, and terrestrial life. Temperatures in Alaska and the Arctic have increased over the last 50 years at a rate more than twice as fast as the global average temperature. Poor people are vulnerable to man-made climate change and respond rapidly to its impacts. Diverse knowledge of and approaches to climate change help understand this growing problem; global average air temperature has increased in the recent past by approximately 1.0 DegreesC (1.8 DegreesF). According to the Climate Science Special Report, the last several years have been record-breaking, and the period of 1901-2016 is the warmest. Greenhouse gas (GHG) emissions are still rising, with damaging effects on the Earth's climate. At the moment, the concentration of CO2 is higher than at any point in time-at least the past 800,000 years. However, carbon dioxide (CO2) is not the only GHG that impacts human-induced climate change.

This book brings together some of the most respected Asian and Australasian experts on medical liability to provide insightful perspectives on civil and criminal law from selected Australasian jurisdictions. It focuses on the idiosyncrasies of the existing law and case law in this part of the world with regard to medical liability, adopting a comparative and critical perspective. The aim is to provide an overview of the basic elements of medical liability in Asian and Australian jurisdictions, as well as the latest developments and general trends in jurisprudence. Given the broad range of jurisdictions covered, the book offers lawmakers, health administrators and practitioners, both in law and medicine, an alternative approach to the delivery of health care. Further, it is essential reading for all those (academics, lawyers, judges, researchers, practicing doctors and those involved in the growing area of legal medicine) working in medical liability, specially in the Australasian context.

This book provides a comprehensive, global exploration of the scale, scope, threats, and drivers of wildlife trafficking from a criminological perspective. Building on the first edition, it takes into account the significant changes in the international context surrounding these issues since 2013. It provides new examples, updated statistics, and discusses the potential changes arising as a result of COVID-19 and the IPBES 2019 report. It also discusses the shift in trafficking 'hotspots' and the recent projects that have challenged responses to wildlife trafficking. It undertakes a distinctive exploration of who the victims and offenders of wildlife trafficking are as well as analysing the stakeholders who are involved in collaborative efforts to end this devastating green crime. It unpacks the security implications of wildlife trade and trafficking and possible responses and ways to combat it. It provides useful and timely information for social and environmental/life scientists, law enforcement, NGOs, and policy makers.

This book provides a critical study of environmental regulation and its enforcement in New Zealand, situated within green criminology. It seeks to address the question of whether the offences in the Resource Management Act 1991 are 'working', by drawing on a range of sources including: central government data, local government policies and reports on enforcement, information requests of councils, studies of local authority enforcement behaviour and case law to. Through highly layered and richly textured analysis, the project exposes the problems that can arise when an expansive approach is taken to offences, penalties and institutional arrangements in an environmental regulatory statute. It emphasizes how discussions of harm and what should be unlawful will ensure that law-makers' enforcement tools will align with their goals for punishment. It examines higher-level issues such as 'wrongfulness' and 'criminality' in the environmental regulatory context and explores the relevance of its findings to jurisdictions outside of New Zealand. It also discusses the pros and cons of criminalisation and punishment versus restoration. It speaks to those interested in green criminology, regulatory compliance and enforcement, and applications of criminal law.

This book discusses how Coal Bed Methane (CBM) could help the acceleration of the energy transition in a 'just' way in Indonesia, due to the country's potential CBM reserves (and current dependence on climate damaging coal). Developing countries face multiple challenges in achieving their energy transitions. CBM in Indonesia could potentially be a catalyst for energy transition and subsequently improve access to energy. However, CBM faces numerous challenges and although Indonesia first developed its domestic CBM sector over more than a decade ago, they are still to implement this successfully. This book exposes the challenges and opportunities of CBM, exploring what lessons other countries could learn from Indonesia to improve the industry with a view to achieving energy transition and climate change targets. This book will be an invaluable reference for researchers and practitioners working in this field.

This book consists of updated and refreshed papers written by international law scholars and practitioners from the ASEAN region and published by the Journal of East Asia and International Law, comprehensively covering almost all contemporary international legal issues related to ASEAN. Legal analysis of the ASEAN integration as one community with one vision in this book provides readers with a better understanding of the current social climate and future developments of ASEAN. Each section within the book covers a highly topical issue on ASEAN cooperation and dispute resolution from an international law perspective. ASEAN is one of the biggest economic communities in the world and the ASEAN+3 covers nearly half of global GDP. Given the region's global impact, this book is of interest to Asia watchers, academics and policymakers alike.

This volume analyses the process and structure of ecotaxes in India to bring forth its rationale, application and incidence on emerging environmental problems on the backdrop of the environmental issues confronted by the Indian economy. Being at infant stage in India, the concept of ecotaxes is plagued with large empirical difficulties. This book provides a holistic understanding of the complexities in the design and implementation of these fiscal instruments at the country level. After elaborating on the theory, history of its applications, the book provides an innovative methodological exercise. It examines the adequacy and relevance of ecotaxation in the Indian context, along with ensuring that the distortions due to the proposed levy are minimised. The incidence of these taxes on the households, the double dividend hypothesis and the effect on competitiveness of the producer are a few of the core themes elaborated upon in this book. This is demonstrated through a linear general equilibrium framework of Environmentally extended Social Accounting Matrix (E-SAM).The book provides material for the researchers and graduate students on the methodological structure of eco-taxes. The proposed methodological intervention could be utilised by the researchers who wish to analyse the macroeconomic impact of any tax through the framework of Social Accounting Matrix (SAM). Additionally, the process as well as the implications and nuances provided in the book will assist the policy makers to design innovative policies for dealing with environmental issues. The volume also has something for the practitioners by helping them comprehend various effects of these instruments on different stake holders of the economy and thus will be useful as a policy prescription. The three policy scenarios analysed in this study could be considered by the policymakers while attempting to design these instruments in the Indian context and thus ending the extensive reliance on the age old and grossly ineffective Command and Control (CAC) Policies.

Projektvertrage regeln das Rechtsverhaltnis zwischen dem Investor als Auftraggeber und dem Unternehmer als Auftragnehmer. Sie sind bei der Realisierung komplexer Projekte weit verbreitet, vor allem im Anlagenbau, aber auch bei der Beschaffung von Gutern und bei der Softwareentwicklung. In dem Buch werden die wesentlichen Aspekte und Inhalte vor dem Hintergrund der einschlagigen gesetzlichen Regelungen besprochen. Hinweise und Vorschlage zur Vertragsgestaltung berucksichtigen die aktuelle nationale und internationale Unternehmens- und Vertragspraxis."

This book presents a comprehensive analysis of the existing nature of India's groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the "elitist" and the "egalitarian." The book's fundamental premise is that despite being an extraordinarily critical resource that supports India's burgeoning population's ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book's introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management-Inter-state Water Conflicts-Aquifers-Water Markets-Water Security-Water Law Reform-Groundwater Law-Water Law-Sustainable Development-Hydrology