Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Setting out the current rules on legal professional privilege (LPP), with specific attention to their relevance in EU competition investigations, this comprehensive book analyses the practice of LPP by the European Commission and its interpretations in the European Courts. It also compares this to practice in the EU Member States, as well as other jurisdictions including Japan, the UK, and the US. Key Features: An overview of the history of LPP Discussions on the practice of LPP in the EU and globally Commentary on the relevant case law of the EU courts in relation to LPP in EU competition investigations Analysis of LPP in competition investigations in the EFTA countries, EU Member States, and other jurisdictions This book will be an essential resource for competition practitioners – both private practitioners and in-house counsel – as well as officials at the Commission and at the competition authorities and enforcement agencies.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Herbert Kritzer presents a clear introduction to the history, methods and substance of empirical legal research (ELR). Quantitative methods dominate in empirical legal research, but an important segment of the field draws on qualitative methods, such as semi-structured interviews and observation. In this book both methodologies are explored alongside systematic data analysis. Offering an overview of the broad ELR literature, the institutions of the law, the central actors of the law, and the subjects of the law are each addressed in this highly readable account that will be essential reading for legal researchers. Key features include: Summaries of the history of empirical legal research A clear introduction to methods in empirical legal research Coverage of both quantitative and qualitative methods and research A readable guide to the impact and rationale of different methodologies. This relatively short book provides an invaluable quick introduction for students, scholars, legal professionals and policy professionals.

Drawing on a rich and diverse legal heritage, Unjustified Enrichment provides a comprehensive and clearly structured exposition and an in-depth evaluation of the South African law of unjustified enrichment.

The book analyses each of the general elements of enrichment liability, and suggests a manageable way of dealing with the intractable problems that arise in the context of indirect or multi-party enrichment.

Shareholder inspection rights form an important tool for shareholder protection. They offer shareholders seeking information private access to specific books and records of the company that are otherwise not publicly available. While there has been a discourse on the topic in some jurisdictions such as Delaware (USA), it has not received scholarly treatment at an international level. This Research Handbook seeks to alter that, and signifies the first endeavor to engage in a comprehensive and comparative analysis of shareholder inspection rights across 19 different jurisdictions representing five continents. Themes emerging from the study include the historical evolution of inspection rights, the statutory design of the inspection regime, how inspection rights interact with disclosure norms under securities regulation, and the manner in which inspection rights are actually utilized by shareholders. While there is some commonality among jurisdictions, the larger story is one of divergence, which is understandable since local needs tend to drive the design and operation of the regime. The Research Handbook on Shareholder Inspection Rights is invaluable to academics, scholars, and students working the area of corporate law and governance, legal practitioners working in corporate law and, in particular, shareholder litigation and regulators and government bodies overseeing the corporate sector, including corporate and securities regulators.

This insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time. The author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'. This expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.

In this original and thought-provoking Research Handbook, an international and interdisciplinary group of scholars, artists, lawyers, judges, and writers offer a range of perspectives on rethinking law by means of literary concepts. Presenting a comprehensive introduction to jurisliterary themes, it destabilises the traditional hierarchy that places law before literature and exposes the literary nature of the legal. Chapters explore multiple genres and modes, from travel reviews to graphic novels, from poetics to ghost-writing, from cartography to speculative fiction. Working with diverse methods and areas of inquiry, including enstrangement, colonial entanglements, blockchain narratives, transing and transgression of many kinds, matterphor, aesthetics and epistemology, this Research Handbook provides a systematic application of literary approaches to the reading of law. Scholars and students of jurisprudence, and those in the humanities with an interest in law and literature, will find this ground-breaking Research Handbook an indispensable guide. It also offers insight to international legal scholars looking for materialist accounts of law, as well as those interested in contemporary challenges to the rule of law.

Bringing together current research from a diverse range of jurisdictions on family law, the Research Handbook on Family Justice Systems addresses the aims and boundaries of family justice systems. Delineating the common purpose of family law to achieve fairness for groups of people who live or have lived together, this Handbook is concerned with the rules referred to as ‘family law’, but also with the institutions comprising the operating system. This Handbook presents the view that a Family Justice System (FJS) is a living entity, working with and for a wide range of beliefs and practices, comprising far more than a set of rules and regulations, which can respond to a changing society, while also contributing to that change. Looking specifically at the FJS as an important and evolving element in the organisation of a society, with which sociologists, as well as lawyers and family sociologists are concerned, it explores how an FJS works in practice, what it tries to do and why. With contributions from the US, UK, Germany, Netherlands, Switzerland, France, Poland, Japan and China, this Research Handbook is an internationally relevant and comprehensive work. The Research Handbook on Family Justice Systems examines FJS in practice, making it highly pertinent to researchers, academics, practitioners, government lawyers, policymakers and government administrators in the fields of sociology and law with a special interest in family law and the FJS.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments. Key features include: a literary approach to viewing law exploration of the visual culture of the law engagement with the affective and performative practices of jurisliterature analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective. This Advanced Introduction will be a useful and concise guide for scholars and students of law and literature. It will also be beneficial for students and teachers of courses on jurisprudence, law and the humanities and socio-legal studies.

This indispensable book offers a concise comparative introduction to international commercial arbitration. With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration provides a comparative analysis of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage. Combining perspectives from both practice and academia, Franco Ferrari, Friedrich Rosenfeld and Consultant Editor John Fellas examine all the key points of international commercial arbitration. After introductory remarks on the applicable normative framework, the book covers arbitration agreements and their enforcement, the initiation of proceedings and the constitution of the tribunal, the taking of evidence, issues arising in complex arbitrations, as well as the award and the post-award regime. Scholars and students of international commercial arbitration across the globe will find this book invaluable for its comparative analysis. It will also be most useful for arbitration practitioners and judges interested in learning how jurisdictions differ in their approaches to arbitration proceedings.