Erst die elektronische Signatur wird dem E-Commerce zum Durchbruch verhelfen. Dieses Werk setzt sich mit den Akzeptanzproblemen auseinander, die beim Einsatz moderner Technologien fur die vertrauenswurdige elektronische Kommunikation entstehen. Rechtliche Fragen spielen hier eine wichtige Rolle, aber auch Moral und Kultur. Die Situation in diesen Bereichen wird im Buch diskutiert und daraus Handlungsempfehlungen fur den Verbraucher- und Datenschutz, die technische Ausgestaltung sowie den Umgang mit Risiken gegeben. Dies fuhrt zu einem visionaren Modell der Informationsgesellschaft.

New to English law? Need to know how rules are made, interpreted and applied? This popular and well-established textbook will show you how. It simplifies legal method by combining examples with an account of rules in general: the who, what, why and how of interpretation. Starting with standpoint and context, it identifies factors that give rise to doubts about the interpretation of a rule and recommends a systematic approach to analysing those factors. Questions and exercises integrated in the text and on the accompanying website will help you to develop skills in reading, interpreting and arguing about legal and other rules. The text is fully updated on developments in the legislative process and the judicial interpretation of statutes and precedent. It includes a new chapter on 'The European Dimension' reflecting the changes brought about by the Human Rights Act 1998.

Die Bereitstellung effizienter EDV-Systeme ist fur viele Grossunternehmen wie z.B. Automobilhersteller, Banken und Versicherungen zu einem wichtigen Erfolgsfaktor geworden. Informatik-Management umfasst alle in diesem Zusammenhang notwendigen operativen Aufgabengebiete wie Entwicklung und Wartung, Schulung und Beratung, Planung, Kontrolle und Stabsaufgaben sowie Betrieb von EDV-Systemen. Schwerpunkt des Buches ist die Darstellung der Management-Aspekte dieser Aufgabengebiete, gegliedert in Aufgaben und Ziele, Erfolgsfaktoren, Losungswege und deren Konstruktionsprinzipien, Aufbauorganisation und Methoden fur wirksames Controlling einschliesslich Kennzahlen. Als Randergebnisse werden Informatik-spezifische Arbeitsplatze und deren Anforderungsprofile dargestellt sowie offene Fragen fur die Wissenschaft und fur Hersteller von Informatik-Produkten aufgezeigt."

In this groundbreaking book, Randall Kiser presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. The work serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction. It identifies the most important soft skills for attorneys, describes and applies hundreds of studies regarding psychology, law, and soft skills, and provides concrete steps and methods to improve soft skills. The book should be read by law students, attorneys, and anyone else interested in how lawyers should practice law.

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.

As defender of both the righteous and the questionable, Alan Dershowitz has become perhaps the most famous and outspoken attorney in the land. Whether or not they agree with his legal tactics, most people would agree that he possesses a powerful and profound sense of justice. In this meditation on his profession, Dershowitz writes about life, law, and the opportunities that young lawyers have to do good and do well at the same time.We live in an age of growing dissatisfaction with law as a career, which ironically comes at a time of unprecedented wealth for many lawyers. Dershowitz addresses this paradox, as well as the uncomfortable reality of working hard for clients who are often without many redeeming qualities. He writes about the lure of money, fame, and power, as well as about the seduction of success. In the process, he conveys some of the "tricks of the trade" that have helped him win cases and become successful at the art and practice of "lawyering."

There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In "The Legal Analyst," Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law.
From classic ideas in game theory such as the "Prisoner's Dilemma" and the "Stag Hunt" to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth's guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.
"The Legal Analyst" is an indispensable user's manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.

Will Donald trump international law? Since Trump's Administration took office, this question has haunted almost every issue area of international law. One of our leading international lawyers-a former Legal Adviser of the US State Department, Assistant Secretary of State for Human Rights, and Yale Law Dean-argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive "transnational legal process" that governs these issue areas. This book shows how those opposing Trump's policies during his administration's first two years have successfully triggered that process as part of a collective counter-strategy akin to Muhammad Ali's "rope-a-dope." The book surveys immigration and refugee law, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, America's "Forever War" against Al Qaeda and the Islamic State, and the ongoing tragedy in Syria. Koh's tour d'horizon illustrates the many techniques that players in the transnational legal process have used to blunt Trump's early initiatives. The high stakes of this struggle, and its broader implications for the future of global governance-now challenged by the rise of populist authoritarians-make this exhausting counter-strategy both worthwhile and necessary.

The conventional approach to law and religion assumes that these are competing domains, which raises questions about the freedom of, and from, religion; alternate commitments of religion and human rights; and respective jurisdictions of civil and religious courts. This volume moves beyond this competitive paradigm to consider law and religion as overlapping and interrelated frameworks that structure the social order, arguing that law and religion share similar properties and have a symbiotic relationship. Moreover, many legal systems exhibit religious characteristics, informing their notions of authority, precedent, rituals and canonical texts, and most religions invoke legal concepts or terminology. The contributors address this blurring of law and religion in the contexts of political theology, secularism, church-state conflicts, and the foundational idea of divine law. This title is also available as Open Access on Cambridge Core.

The Sexual Exploitation of Children: A Practical Guide to Assessment, Investigation, and Intervention, Second Edition discusses the new and different developments in the manifestation of problems involved in investigation and assessment of sexual cases and offers advice on dealing with these issues. Although many of the difficulties involved in investigation and assessment of sexual abuse allegations have remained unchanged since the first edition of this book appeared in 1987, the manner in which investigations are conducted must adapt to these new and different developments.

Becoming a lawyer is about much more than acquiring knowledge and technique. As law students learn the law and acquire some basic skills, they are also inevitably forming a deep sense of themselves in their new roles as lawyers. That sense of self - the student's nascent professional identity - needs to take a particular form if the students are to fulfil the public purposes of lawyers and find deep meaning and satisfaction in their work. In this book, Professors Patrick Longan, Daisy Floyd, and Timothy Floyd combine what they have learned in many years of teaching and research concerning the lawyer's professional identity with lessons derived from legal ethics, moral psychology, and moral philosophy. They describe in depth the six virtues that every lawyer needs as part of his or her professional identity, and they explore both the obstacles to acquiring and deploying those virtues and strategies for overcoming those impediments. The result is a straightforward guide for law students on how to cultivate a professional identity that will allow them to make a meaningful difference in the lives of others and to flourish as individuals.

The field of Legal translation and interpreting has strongly expanded over recent years. As it has developed into an independent branch of Translation Studies, this book advocates for a substantiated discussion of methods and methodology, as well as knowledge about the variety of approaches actually applied in the field. It is argued that, complex and multifaceted as it is, legal translation calls for research that might cross boundaries across research approaches and disciplines in order to shed light on the many facets of this social practice. The volume addresses the challenge of methodological consolidation, triangulation and refinement. The work presents examples of the variety of theoretical approaches which have been developed in the discipline and of the methodological sophistication which is currently being called for. In this regard, by combining different perspectives, they expand our understanding of the roles played by legal translators and interpreters, who emerge as linguistic and intercultural mediators dealing with a rich variety of legal texts; as knowledge communicators and as builders of specialised knowledge; as social agents performing a socially-situated activity; as decision-makers and agents subject to and redefining power relations, and as political actors shaping legal cultures and negotiating cultural identities, as well as their own professional identity. Chapter 2 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license. https://tandfbis.s3-us-west-2.amazonaws.com/rt-files/docs/Open+Access+Chapters/9781138492103_oachapter2.pdf

This extensively revised second edition is a rigorous introduction to the construction and criticism of arguments about questions of fact, and to the marshalling and evaluation of evidence at all stages of litigation. It covers the principles underlying the logic of proof; the uses and dangers of story-telling; standards for decision and the relationship between probabilities and proof; the chart method and other methods of analyzing and ordering evidence in fact-investigation, in preparing for trial, and in connection with other important decisions in legal processes and in criminal investigation and intelligence analysis. Most of the chapters in this new edition have been rewritten; the treatment of fact investigation, probabilities and narrative has been extended; and new examples and exercises have been added. Designed as a flexible tool for undergraduate and postgraduate courses on evidence and proof, students, practitioners and teachers alike will find this book challenging but rewarding.

Civil Litigation introduces students to the processes and procedures involved in making and defending civil litigation claims. The text is ideal for students taking the Legal Practice Course or relevant LLB or LLM modules and features case studies on both a personal injury matter and a commercial matter, making it suitable for students with either a high street or a commercial focus. Following the chronological progression of a civil litigation claim, the book offers practical guidance on advising clients whilst ensuring that the latest principles of the SRA Handbook and Code of Conduct are maintained. Students on CILEx courses, new trainees in practice, and paralegals will find this practical guidance of use in both their study and their work. Innovative diagrams at the beginning of chapters clearly illustrate the litigation procedure and help students understand the nature of the process as a whole. Examples provide students with a realistic context for their learning, while issues of cost, best practice, and professional conduct are clearly highlighted. Alternative dispute resolution is given appropriate practical emphasis, and references to the Civil Procedure Rules throughout make sure that students are ready for life in practice. Digital formats and resources This edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. - Access to a digital version of this book comes with every purchase to enable a more flexible learning experience-12 months' access to this title on Oxford Learning Link will be available from 15 July 2022. Access must be redeemed by 1 August 2024. - The online resources include: case study documentation to support the fictional scenarios referred to in the book; additional chapters covering injunctions, a practical guide to court hearings, instructions to counsel and enforcements of judgment; annotated forms; appendix (links to key Court forms); litigation train timeline to help students put the litigation process in context; podcasts; weblinks; additional case study materials for lecturers, including suggested answers to case study questions; video clips; and a test bank of over 50 multiple choice questions.

This well-respected and highly regarded book provides straightforward coverage of all aspects of law and police procedure that affect the community at large. It is comprehensive, easy to understand, and suitable for all readers, including those with no formal legal training. Police Law meets the reference needs of thousands of police officers, and provides an excellent source of information for members of the public wishing to refer to a legal text written in an accessible way. It is a practical volume for everyday use, which police officers and others working and studying in this area will find invaluable. This edition has been fully updated. In addition to a host of amendments to pre-existing legislation, new bodies of statute law, such as the Investigatory Powers Act 2016, the Haulage Permits and Trailer Registration Act 2018, and the Assault on Emergency Workers (Offences) Act 2018, are dealt with. Case law developments are also described, as are revisions to the PACE Codes. Introduced into the body of the new edition is content covering public service vehicles, good vehicles, animals, birds, and plants, and game. Police Law is accompanied by a companion website with regular chapter updates on new legislation and case law, as well as further content to that in the text.

This text deals with the basic concepts of the law and explains the operation of the law and the administration of justice. It features practical exercises at the end of each chapter to help the student develop the ability to analyse information and apply knowledge. Another feature is the appendixes in which step-by-step explanations are given of how to research and apply primary sources of the law such as statutes and decisions in court.

Criminal Litigation is a comprehensive guide to the criminal justice process in Ireland and its evidential and procedural rules. It profiles the obligations of the state and the rights of the accused at all stages of the trial process for summary and indictable crime, at all court levels, in a framework that reflects the criminal justice process from arrest to trial and beyond. Effective practice knowledge is linked with regulatory crime, juvenile justice, road traffic offences, the ECHR, and European Arrest Warrants. The book's content has been extensively revised for the fourth edition, and it now includes a new chapter on victims' rights in Ireland, incorporating the Victims' Rights Directive. It also takes into account recent changes with respect to advising clients in Garda custody, forensic and DNA evidence, bail application processes and suspended sentences. Criminal Litigation is essential reading for trainee solicitors studying this subject on the Professional Practice Course and an excellent resource for Irish legal practitioners and other actors in the criminal justice system.

Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries.

In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental.

Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.

This book is an invaluable resource for any prisoner fighting for his or her freedom. Armed with knowledge unknown by most other clemency applicants, he or she will gain a serious advantage. Smith lays out every aspect of the clemency process, step by step: the relief available, the statutory regulations (for all fifty state jurisdictions as well as federal), the grounds for executive clemency, the self-development, personal growth, and transformation processes, social intelligence, communication skills clemency campaign strategies, how to prepare a clemency application, examples of successful applications, and much more.

Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.

For centuries, most people believed the criminal justice system worked - that only guilty defendants were convicted. DNA technology shattered that belief. DNA has now freed more than three hundred innocent prisoners in the United States. This book examines the lessons learned from twenty-five years of DNA exonerations and identifies lingering challenges. By studying the dataset of DNA exonerations, we know that precise factors lead to wrongful convictions. These include eyewitness misidentifications, false confessions, dishonest informants, poor defense lawyering, weak forensic evidence, and prosecutorial misconduct. In Part I, scholars discuss the efforts of the Innocence Movement over the past quarter century to expose the phenomenon of wrongful convictions and to implement lasting reforms. In Part II, another set of researchers looks ahead and evaluates what still needs to be done to realize the ideal of a more accurate system.