This book takes a socio-legal approach and provides a rich and thorough understanding of tort law. Each section begins with a clear overview of the law, followed by illustrative extracts from case law and from government reports and scholarly literature, which are supported by explanation and analysis. This seventh edition has been brought completely up to date by Ken Oliphant and Donal Nolan. Digital formats The seventh edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. · The e-book offers a mobile experience and convenient access along with functionality tools and navigation features: www.oxfordtextbooks.co.uk/ebooks · All of OUP's tort law textbooks are supported by online resources including bi-annual updates on the latest key developments in tort law, and self-test questions on key topics, with feedback, providing an opportunity for students to test and consolidate their learning.

Containing also: Kultur im Verfassungsstaat. Grund und Grenzen der Wissenschaftsfreiheit. Die Universitat im Zeichen von OEkonomisierung und Internationalisierung. Sprache als Kultur- und Rechtsgut

Few studies look at the treatment of those inside America's prisons. Discussing race discrimination alongside gender, ethnic, and religious discrimination in contemporary American prisons, this book finds that correctional staff are swayed by stereotypes in their treatment of inmates. The American Dream is that anyone who works hard enough can be successful. It is a dream premised on equal opportunity; however, millions of racial, ethnic, religious, and gender minorities have found their opportunities for success limited—even in prison. What accounts for the discriminatory treatment of people who are already imprisoned? Relying on national data and interviews conducted by the author, this book argues that American prisons are not a tool for justice but a tool for the persecution of the weak by the powerful. The book details how African American, American Indian, and Hispanic inmates receive harsher punishments, including solitary confinement, and fewer rehabilitative programs, such as substance abuse treatment and mental health counseling. It also examines other injustices, including how female inmates suffer from a lack of rehabilitative services, Muslim inmates are placed in solitary confinement for practicing their religious beliefs, American Indians are disproportionately punished, and undocumented immigrants are forced from prison to prison in the middle of the night.

As American politics has become increasingly polarized, gridlock at the federal level has led to a greater reliance on state governments to get things done. But this arrangement depends a great deal on state cooperation, and not all state officials have chosen to cooperate. Some have opted for conflict with the federal government. Conservative Innovators traces the activity of far-right conservatives in Kansas who have in the past decade used the powers of state-level offices to fight federal regulation on a range of topics from gun control to voting processes to Medicaid. Telling their story, Ben Merriman then expands the scope of the book to look at the tactics used by conservative state governments across the country to resist federal regulations, including coordinated lawsuits by state attorneys general, refusals to accept federal funds and spending mandates, and the creation of programs designed to restrict voting rights. Through this combination of state-initiated lawsuits and new administrative practices, these state officials weakened or halted major parts of the Obama Administration's healthcare, environmental protection, and immigration agendas and eroded federal voting rights protections. Conservative Innovators argues that American federalism is entering a new, conflict-ridden era that will make state governments more important in American life than they have been at any time in the past century.

Since the passage of the Civil Rights Act, virtually all companies have antidiscrimination policies in place. Although these policies represent some progress, women and minorities remain underrepresented within the workplace as a whole and even more so when you look at high-level positions. They also tend to be less well paid. How is it that discrimination remains so prevalent in the American workplace despite the widespread adoption of policies designed to prevent it? One reason for the limited success of antidiscrimination policies, argues Lauren B. Edelman, is that the law regulating companies is broad and ambiguous, and managers therefore play a critical role in shaping what it means in daily practice. Often, what results are policies and procedures that are largely symbolic and fail to dispel long-standing patterns of discrimination. Even more troubling, these meanings of the law that evolve within companies tend to eventually make their way back into the legal domain, inconspicuously influencing lawyers for both plaintiffs and defendants and even judges. When courts look to the presence of antidiscrimination policies and personnel manuals to infer fair practices and to the presence of diversity training programs without examining whether these policies are effective in combating discrimination and achieving racial and gender diversity, they wind up condoning practices that deviate considerably from the legal ideals.

The past fifty years are conventionally understood to have witnessed an uninterrupted expansion of sexual rights and liberties in the United States. This state-of-the-art collection tells a different story: while progress has been made in marriage equality, reproductive rights, access to birth control, and other areas, government and civil society are waging a war on stigmatized sex by means of law, surveillance, and social control. The contributors document the history and operation of sex offender registries and the criminalization of HIV, as well as highly punitive measures against sex work that do more to harm women than to combat human trafficking. They reveal that sex crimes are punished more harshly than other crimes, while new legal and administrative regulations drastically restrict who is permitted to have sex. By examining how the ever-intensifying war on sex affects both privileged and marginalized communities, the essays collected here show why sexual liberation is indispensable to social justice and human rights.  Contributors. Alexis Agathocleous, Elizabeth Bernstein, J. Wallace Borchert, Mary Anne Case, Owen Daniel-McCarter, Scott De Orio, David M. Halperin, Amber Hollibaugh, Trevor Hoppe, Hans Tao-Ming Huang, Regina Kunzel, Roger N. Lancaster, Judith Levine, Laura Mansnerus, Erica R. Meiners, R. Noll, Melissa Petro, Carol Queen, Penelope Saunders, Sean Strub, Maurice Tomlinson, Gregory Tomso

There is a reason why people claim great respect for officers of the law: the job, by description, is hard—if not deadly. It takes a certain kind of person to accept the consequences of the job— seeing the very worst situations, on a regular basis, and knowing that one’s life is on the line every hour of every day. Working in law enforcement is emotionally and psychologically draining. It affects these public servants both on and off the job. Said plainly, shaking an officers’ hand when you see them or posting a sign in the front yard that reads “Support the Badge� is lip service. Even going as far as to donate money to a crowdsourcing fundraising site does little to support the long-term professional development needs of officers. These are surface level signs of solidarity, and do little in terms of showing respect for the job and those who do it. For those who want to do more, this text provides reasons and a rationale for doing better by these public servants. Showing respect does not mean that one agrees with whatever another person or institution claims to be the “right� way. Showing respect and admiration means that we charge individuals to live up to their fullest potentials and integrate innovation wherever possible. In the case of policing in the era of Black Lives Matters, policing as usual simply is not an option any longer. It is disrespectful, to both the officers and those who are being policed, to rest on the laurels of past policing tactics. As we enter a time period in which police interactions are recorded (dash cams or body cams, for example) and new populations are being targeted (Latinx people), there is much to learn about what is working and what is not.

This book follows the journeys of those fleeing war, poverty or political crises, risking their lives as they attempt to find sanctuary in Europe. Over the past 25 years, almost 40,000 migrants have been reported missing or died due to drowning or exhaustion on the borders of Europe. 6,000 migrants died in 2016 alone, making it the deadliest year on record. Growing numbers of arrivals since 2015 have caused a wave of panic to sweep across the countries of the European Union, which has responded with an increasingly entrenched policy - the only one it considers appropriate - of fortifying its external borders. As a result, numerous walls and fences have sprung up to "regulate the flows", new camps have been opened and reception centres have been set up beyond the frontiers of Europe, all accompanied by the steady militarisation of surveillance and repression. The EU has thus been just as active in precipitating this "migrant crisis" as it has been in prolonging its effects. Indeed, this crisis calls into question the entire European system for border management and policies on immigration and reception. Deconstructing preconceptions, changing the way we see others, probing borders and mapping the nexus of control and detention, the collection of articles, maps, photographs and illustrations in this Atlas provide an important critical geography of migration policies. Perfect for journalists, activists, students of geopolitics at school or university, this Atlas seeks, above all, to give migrants a voice.

In 1958 Mildred Jeter and Richard Loving, two young lovers from Caroline County, Virginia, got married. Soon they were hauled out of their bedroom in the middle of the night and taken to jail. Their crime? Loving was white, Jeter was not, and in Virginia--as in twenty-three other states then--interracial marriage was illegal. Their experience reflected that of countless couples across America since colonial times. And in challenging the laws against their marriage, the Lovings closed the book on that very long chapter in the nation's history. "Race, Sex, and the Freedom to Marry" tells the story of this couple and the case that forever changed the law of race and marriage in America.

The story of the Lovings and the case they took to the Supreme Court involved a community, an extended family, and in particular five main characters--the couple, two young attorneys, and a crusty local judge who twice presided over their case--as well as such key dimensions of political and cultural life as race, gender, religion, law, identity, and family. In "Race, Sex, and the Freedom to Marry," Peter Wallenstein brings these characters and their legal travails to life, and situates them within the wider context--even at the center--of American history. Along the way, he untangles the arbitrary distinctions that long sorted out Americans by racial identity--distinctions that changed over time, varied across space, and could extend the reach of criminal law into the most remote community. In light of the related legal arguments and historical development, moreover, Wallenstein compares interracial and same-sex marriage.

A fair amount is known about the saga of the Lovings and the historic court decision that permitted them to be married and remain free. And some of what is known, Wallenstein tells us, is actually true. A detailed, in-depth account of the case, as compelling for its legal and historical insights as for its human drama, this book at long last clarifies the events and the personalities that reconfigured race, marriage, and law in America.

Students often find the complex and commercial nature of contract law a real challenge. Contract Law tackles this head-on with problem scenarios and illustrations that reinforce learning and bring the law to life. It equips students with comprehensive knowledge of contract law and gives them the opportunity to engage with the content at a much deeper level. The clear structure and guiding narrative, married with rigorous academic analysis and examination of the law, provides unrivalled support to enable students to confidently navigate the complexities of contract law. Contract Law empowers students to understand, analyse, and critique the law, and to develop their ability to participate in academic debate with confidence and skill. Digital formats and resources: The third edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. -The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks - On the accompanying online resources students can find additional support for their studies, including podcasts and videos

This monograph addresses the questions of where the legal trend in the law of capital markets will lead, how the specifications of the MiFID can be implemented in German law, and how an optimal arrangement of the regulation for alternative trading systems could appear. In comparing the law with the US American provisions, the requirements of the MiFID as well as the exchange statute are analysed with the goal of making recommendations for a practicable implementation of the guidelines in German law and for the creation of effective exchange law regulations for over-the-counter securities trading systems as well. At the same time, the point is also to determine which mandatory requirements the policy includes, and what room it leaves for a national configuration on the other hand.

Equipping you with a solid understanding of legal topics, Gardner and Anderson's CRIMINAL LAW, 13th Edition, delivers comprehensive coverage of the major components of substantive criminal law in a remarkably reader-friendly presentation. A student favorite for more than 30 years, the text uses a more narrative, descriptive approach -- with fewer lengthy cases -- to expose you to the language of the law without bogging you down in legalese. You'll find compelling coverage of the issues and principles driving American criminal justice today, with a presentation that combines current concerns and cases with an accessible writing style and study system to help you build a practical understanding of complex legal topics.

Today the idea of natural law as the basic ingredient in moral, legal, and political thought presents a challenge not faced for almost two hundred years. On the surface, there would appear to be little room in the contemporary world for a widespread belief in natural law. The basic philosophies of the opposition--the rationalism of the "philosophes," the utilitarianism of Bentham, the materialism of Marx--appear to have made prior philosophies irrelevant. Yet these newer philosophies themselves have been overtaken by disillusionment born of conflicts between "might" and "right." Many thoughtful people who were loyal to secular belief have become dissatisfied with the lack of normative principles and have turned once more to natural law. This first book-length study of Edmund Burke and his philosophy, originally published in 1958, explores this intellectual giant's relationship to, and belief in, the natural law. It has long been thought that Edmund Burke was an enemy of the natural law, and was a proponent of conservative utilitarianism. Peter J. Stanlis shows that, on the contrary, Burke was one of the most eloquent and profound defenders of natural law morality and politics in Western civilization. A philosopher in the classical tradition of Aristotle and Cicero, and in the Scholastic tradition of Aquinas, Burke appealed to natural law in the political problems he encountered in American, Irish, Indian, and British affairs, and in reaction to the French Revolution. This book is as relevant today as it was when it was first published, and will be mandatory reading for students of philosophy, political science, law, and history.

The work deals with the relationship of temporary bankruptcy administration to the bankruptcy dispute in the opened proceeding. This theme generally receives great attention in case law and literature. However, the particular questions to which the work is dedicated have not been previously addressed at the center of academic discourse, although they are of great practical relevance both for the temporary bankruptcy administrator and the creditors. In fact, a circular argument exists between the security of the assets and the equal treatment of creditors in the temporary bankruptcy proceeding. This clearly emerges if not only the debtor, but also the temporary bankruptcy administrator is involved in the disputed legal action, and if the opposing party refers to his confidence in the legally validity of the legal action. Both decisions of the BGH [German Federal Supreme Court] from March 13, 2003, which are the focus of the work, deal with this combination.

Rimpelstories is 'n leesreeks vir die Hersiene Nasionale Kurrikulum in die Intermediêre Fase. Rimpelstories is 'n leesreeks vir die Hersiene Nasionale Kurrikulum in die Intermediêre Fase. Die reeks poog om jong lesers die genot van lees te laat ontdek en hul visuele geletterdheid te ontwikkel deur interessante, boeiende tekste wat ryklik geïllustreer is.

Die tematiese inhoud sluit sensitiewe vraagstukke soos besoedeling, boelies en vigs in, maar dit sluit aan by die leefwêreld van die lesers met humor wat wyd gebruik word.

"Corporate Law"] Jan Wilhelm, Kapitalgesellschaftsrecht, aims both at law students and at lawyers and other practitioners concerned with the law of corporations. After giving a general introduction, the book presents the main "classic" problems which have arisen in case law and are discussed in academic writing. Jan Wilhelm particularly focuses on the developments in case law since the courts' influence on company law is vital.

Enriched Classics offer readers accessible editions of great works of literature enhanced by helpful notes and commentary. Each book includes educational tools alongside the text, enabling students and readers alike to gain a deeper and more developed understanding of the writer and their work. Dostoyevsky's penetrating study of a man for whom the distinction between right and wrong disappears, and a riveting portrait of guilt and retribution. This edition includes: -A concise introduction that gives readers important background information -A chronology of the author's life and work -A timeline of significant events that provides the book's historical context -An outline of key themes and plot points to help readers form their own interpretations -Detailed explanatory notes -Critical analysis, including contemporary and modern perspectives on the work -Discussion questions to promote lively classroom and book group interaction -A list of recommended related books and films to broaden the reader's experience Enriched Classics offer readers affordable editions of great works of literature enhanced by helpful notes and insightful commentary. The scholarship provided in Enriched Classics enables readers to appreciate, understand, and enjoy the world's finest books to their full potential.

Beloved by academic and general readers alike, Mountains Without Handrails, Joseph L. Sax’s thought- provoking treatise on America’s national parks, remains as relevant today as when first published in 1980. Focusing on the long- standing and bitter battles over recreational use of our parklands, Sax proposes a novel scheme for the protection and management of America’s national parks. Drawing upon still controversial disputes— Yosemite National Park, the Colorado River in the Grand Canyon, and the Disney plan for California’s Mineral King Valley—Sax boldly unites the rich and diverse tradition of nature writing into a coherent thesis that speaks directly to the dilemma of the parks. In a new foreword, environmental law scholar Holly Doremus articulates this book’s enduring importance and reflects on what Sax, her former teacher, might have thought about the encroachment of technology into natural spaces, the impact of social media, and growing threats from climate change. At this moment of great uncertainty for the national parks, Mountains Without Handrails should be read (and re- read) by anyone with a stake in America’s natural spaces.

This volume contains the contributions from the convention "The Future of Clearing and Settlement", which the ILF staged on June 27, 2005, at the Johann Wolfgang Goethe University. The first part of the convention was devoted to selected questions about deposit and company law regarding securities safekeeping in the media, including possible alternatives to the applicable law and a comparative law look at Switzerland. At the same time, the analysis of the legal foundation for clearing and settlement offered the opportunity to put the market models for securities settlement, which are actively discussed at present, to the test in the second part of the convention.

The ideal introduction to legal argument for new law students and competitive mooters
Guiding you through the process of legal argument, this book will teach you all you need to know about how to research and structure your moot, the use of legal authority, honing your presentation skills and addressing the court. To show you how it's done, Hammond provides a worked example applying the two-stage method to creating a legal argument in a moot court.
Competitive mooters will find details of internal, national and international competitions and guidelines for event judges and clerks.

Das Lern- und Arbeitsbuch behandelt das komplexe Gebiet der Strafvollstreckung in übersichtlicher Form. Es orientiert sich dabei eng an der gesetzlichen Systematik und bietet eine detaillierte Einführung in das Thema. Zahlreiche Beispielsfälle erleichtern das Erfassen des Stoffs, dessen Wiederholung sowie die praktische Umsetzung. Schwerpunkte bilden die Vollstreckung von Freiheits- und Geldstrafen. Besondere Berücksichtigung findet vor allem – auch im Rahmen der Fallbeispiele – die aktuelle Rechtsprechung. Damit erhalten Studierende ebenso wie alle mit Fragen der Strafvollstreckung Befasste wertvolle Antworten und hilfreiche Unterstützung.

This book consists of two parts: "The Law of Peoples," a major reworking of a much shorter article by the same name published in 1993, and the essay "The Idea of Public Reason Revisited," first published in 1997. Taken together, they are the culmination of more than fifty years of reflection on liberalism and on some of the most pressing problems of our times by John Rawls. "The Law of Peoples" extends the idea of a social contract to the Society of Peoples and lays out the general principles that can and should be accepted by both liberal and non-liberal societies as the standard for regulating their behavior toward one another. In particular, it draws a crucial distinction between basic human rights and the rights of each citizen of a liberal constitutional democracy. It explores the terms under which such a society may appropriately wage war against an "outlaw society" and discusses the moral grounds for rendering assistance to non-liberal societies burdened by unfavorable political and economic conditions. "The Idea of Public Reason Revisited" explains why the constraints of public reason, a concept first discussed in Political Liberalism (1993), are ones that holders of both religious and non-religious comprehensive views can reasonably endorse. It is Rawls's most detailed account of how a modern constitutional democracy, based on a liberal political conception, could and would be viewed as legitimate by reasonable citizens who on religious, philosophical, or moral grounds do not themselves accept a liberal comprehensive doctrine-such as that of Kant, or Mill, or Rawls's own "Justice as Fairness," presented in A Theory of Justice (1971).

A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky� are “unquestionably shielded� by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,� even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech� for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.� While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.