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Books > Law > Laws of other jurisdictions & general law > Law reports
Italian Constitutional Justice in Global Context is the first book ever published in English to provide an international examination of the Italian Constitutional Court (ItCC), offering a comprehensive analysis of its principal lines of jurisprudence, historical origins, organization, procedures, and its current engagement with transnational European law. The ItCC represents one of the strongest and most successful examples of constitutional judicial review, and is distinctive in its structure, institutional dimensions, and well-developed jurisprudence. Moreover, the ItCC has developed a distinctive voice among global constitutional actors in its adjudication of a broad range of topics from fundamental rights and liberties to the allocations of governmental power and regionalism. Nevertheless, in global constitutional dialog, the voice of the ItCC has been almost entirely absent due to a relative lack of both English translations of its decisions and of focused scholarly commentary in English. This book describes the "Italian Style" in global constitutional adjudication, and aims to elevate Italian constitutional jurisprudence to an active participant role in global constitutional discourse. The authors have carefully structured the work to allow the ItCC's own voice to emerge. It presents broad syntheses of major areas of the Court's case law, provides excerpts from notable decisions in a narrative and analytical context, addresses the tension between the ItCC and the Court of Cassation, and positions the development, character, and importance of the ItCC's jurisprudence in the larger arc of global judicial dialog.
Compliance with the Low Voltage Directive (LVD) is now essential
for CE marking. Products cannot leave your firm without it. This
book provides essential and informative reading for company
directors, engineers, designers and students designing,
manufacturing or studying the design of electrical products covered
by the Low Voltage Directive.
This book contains tributes to Professor Johann Neethling, as well as essays on areas of the law in which he worked. The essays in this volume disseminate original research by recognised scholars on a wide array of disciplines in which Professor Neethling has an interest.
"Road Traffic Reports" is a series of full length law reports of all reportable decisions in higher courts on road traffic law. Every report in RTR is prepared by a barrister, and can be relied upon for citation as precedent in all courts. Many of the decisons reported are too specialized to appear in a general series. An average of some 100 full length reports is published in each volume, more than 50% of which have not appeared elsewhere.
This text provides students with a variety of case materials on different aspects of administartive law. Each chapter begins with a short summary of the law and the legal issues raised in the chapter, followed by extracts from case law. As far as possible, the latest case law is used.
Practical Drafting Skills focuses on skills transfer to draft papers without relying on a precedent. Practical Drafting Skills is the ideal guide for law students, pupil advocates, candidate attorneys as well as those professionals seeking to enhance their drafting skills, turn instructions into a cause of action or defence, and draft effective pleadings that are clearly understood and effectively serve their clients. The book is illustrated by case studies and includes chapters on logical thinking and plain language writing. The light and entertaining style, combined with detailed practical steps and explanations, enables the reader to easily acquire a thorough understanding of drafting. This book is a must-have for all legal practitioners.
Criminal Finances Act 2017 is a new legislation guide which explains how the Criminal Finances Bill (which amends the Proceeds of Crime Act 2002) will affect your clients' business, how your firm will need to advise on it, as well as the effects it will have on your own firm. Composed of two parts: part one includes expert commentary on the Bill, breaking it down point-by-point; and part two reproduces the full text of the Criminal Finances Bill. This essential guide will help your firm: * avoid corporate failure to prevent the facilitation of tax evasion * advise your clients on statutory defences * advise your clients on the new unexplained wealth orders * understand the Proceeds of Crime Act 2002, and the money laundering regulations 2007 as amended by the new Act, in particular the duties of solicitors to submit suspicious activity reports.
This indispensable work gives you quick, manageable and affordable access to precedents that are likely to be used on a day-to-day basis. The precedents are organised into sections by area of practice. Each section starts with commentary, explaining the context for the subsequent precedents. The precedents are reproduced as separate files on CD-ROM to enable you to customise them swiftly and as needed. The third edition features: New personal injury precedents drafted by leading PI lawyer Kerry Underwood including a: * Conditional fee agreement * CFA analysis form * Contingency agreement for pre issue * Bridging agreement * CFA for CICA and for MIB claims. As well as: * Completely revised company and matrimonial sections to take account of widespread changes to law and practice * A long form of prenuptial agreement. Precedent Library for the General Practitioner contains over 200 precedents covering a wide area of practice in one volume and offers a cost-effective alternative to the often expensive, vast online libraries of precedents that you might never make full use of.
Oscar Wilde had one of literary history's most explosive love affairs with Lord Alfred "Bosie" Douglas. In 1895, Bosie's father, the Marquess of Queensberry, delivered a note to the Albemarle Club addressed to "Oscar Wilde posing as sodomite." With Bosie's encouragement, Wilde sued the Marquess for libel. He not only lost but he was tried twice for "gross indecency" and sent to prison with two years' hard labor. With this publication of the uncensored trial transcripts, readers can for the first time in more than a century hear Wilde at his most articulate and brilliant. The Real Trial of Oscar Wilde documents an alarmingly swift fall from grace; it is also a supremely moving testament to the right to live, work, and love as one's heart dictates.
Regulating cyber matters is a complex task, as cyberspace is an intricate world full of new threats related to a person's identity, finance, and private information. Algorithm manipulation, hate crimes, cyber-laundering, and data theft are strong menaces in the cyber-world. New technologies are generating both privacy and security issues involving anonymity, cross border transactions, virtual communications and assets, among others.This book is a collection of works by experts on cyber matters and legal considerations that need addressing in a timely manner. It comprises cross-disciplinary knowledge that is pooled to this end. Risk mitigation tools, including cyber risk management, data protection regulations, as well as ethical practice guidelines are reviewed in detail.The regulatory issues associated with new technologies along with emergent challenges in the field of cybersecurity that require improved regulatory frameworks are considered. We probe ethical, material, and enforcement threats, thus revealing the inadequacy of current legal practices. To address these shortcomings, we propose new regulatory privacy and security guidelines that can be implemented to deal with the new technologies and cyber matters.
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
This volume explores the nature of intellectual property law by looking at particular disputes. All the cases gathered here aim to show the versatile and unstable character of a discipline still searching for landmarks. Each contribution offers an opportunity to raise questions about the narratives that have shaped the discipline throughout its short but profound history. The volume begins by revisiting patent litigation to consider the impact of the Statute of Monopolies (1624). It continues looking at different controversies to describe how the existence of an author's right in literary property was a plausible basis for legal argument, even though no statute expressly mentioned authors' rights before the Statute of Anne (1710). The collection also explores different moments of historical significance for intellectual property law: the first trade mark injunctions; the difficulties the law faced when protecting maps; and the origins of originality in copyright law. Similarly, it considers the different ways of interpreting patent claims in the late nineteenth and twentieth century; the impact of seminal cases on passing off and the law of confidentiality; and more generally, the construction of intellectual property law and its branches in their interaction with new technologies and marketing developments. It is essential reading for anyone interested in the development of intellectual property law.
This new addition to Hart Publishing's Landmark Cases series brings together leading figures in the field to discuss a selection of the most significant cases in medical law. These are cases which either signpost a new development for medical law, illustrate an important development of the law, or signpost likely future developments of the law. The cases are explored in their social and historical context to understand better what has influenced the development of the law. This collection provides a fascinating insight in the interaction of medical law and broader social changes to our bodies, illness and medical professionals.
Baker and Milsom's Sources of English Legal History is the
definitive source book on the development of English private law.
This new edition has been comprehensively revised and udpated to
incorporate new sources discovered since the original publication
in 1986, and to reflect developments in recent scholarship.
In ruling against the controversial historian David Irving, whose libel suit against the American historian Deborah Lipstadt was tried in April 2000, the High Court in London labeled Irving a falsifier of history. No objective historian, declared the judge, would manipulate the documentary record in the way that Irving did. Richard J. Evans, a Cambridge historian and the chief adviser for the defense, uses this famous trial as a lens for exploring a range of difficult questions about the nature of the historian's enterprise.
William Blackstone's Commentaries on the Laws of England (1765-69) is perhaps the most elegant and influential legal text in the history of the common law. By one estimate, Blackstone has been cited well over 10,000 times in American judicial opinions alone. Prominent in recent reassessment of Blackstone and his works, Wilfrid Prest also convened the Adelaide symposia which have now generated two collections of essays: Blackstone and his Commentaries: Biography, Law, History (2009), and Re-Interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (2014). This third collection focuses on Blackstone's critics and detractors. Leading scholars examine the initial reception of the Commentaries in the context of debates over law, religion and politics in eighteenth-century Britain and Ireland. Having shown Blackstone's volumes to be a contested work of the Enlightenment, the remaining chapters assess critical responses to Blackstone on family law, the status of women and legal education in Britain and America. While Blackstone and his Commentaries have been widely lauded and memorialised in marble, this volume highlights the extent to which they have also attracted censure, controversy and disparagement.
This book focuses on Anglo-American disputes arising out of the civil war in the United States and British interests in the American continent: the Geneva Arbitration, the Venezuela-Guiana Arbitration and the Bhering Sea Arbitration. It draws on those cases as model proceedings which laid the foundations and inspiration for a promotion of international law through the Hague Conferences and by the work of English and American jurists. It considers the encouragement these cases gave to the promotion of public international law and how that contributed to the resolution of inter-state disputes.
A survey of the changing and charged relationship between pornography and legislation in 20th century America. Groups battling pornography must demonstrate that the products they seek to ban are truly obscene and not legitimately protected by the First Amendment-a requirement that often leads to public debate and controversy. Author Thomas C. Mackey thoroughly examines the problems and issues in public policymaking, legal precedents, and the people behind them. After a brief historical background, Pornography on Trial surveys and analyzes the leading issues and case law on obscenity from l957 to the present. Half the book consists of documents-judicial opinions-from key cases. There are biographical sketches of key people, laws, and concepts from Judge Learned Hand and the Hicklin test to Chief Justice Sir Alexander James Edmund Cockburn's judicial definition of obscenity from l868. The book also includes a chronology, a table of cases, and an annotated bibliography. Four narrative chapters discuss pornography in historical context from the founding of the United States Includes a documents section with court cases, statutes, law reviews, and historical journal articles as well as a chronology of the development of free speech law
Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.
This new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.
This book explores the relationship between European Union law, culture, and identity. Community trade and competition rules have certainly affected many mundane, though highly formative, aspects of our day-to-day lives: when we shop, what we drink, even which football matches we watch on television. But Community law is not merely a vehicle for challenging established national rules which have a cultural dimension: Article 151 of the EC Treaty, which came into force in 1993, empowers the Community to 'contribute to the flowering of the cultures of the Member States', whilst at the same time bringing the 'common cultural heritage to the fore'. This book explores some of the challenges facing the European Union in developing convincing and coherent policies in the cultural domain. These challenges stem not only from the Union's fragmented institutional structure and Member State sensitivities but also from the uncertainty which surrounds the very meaning of the term 'culture' itself. The wide-ranging contributions illustrate how cultural issues can be seen to permeate all aspects of European Union law, by focussing on areas as diverse as international trade and aid, education, sport, language use, and the mass media.
Throughout American history, legal battles concerning the First Amendment's protection of religious liberty have been among the most contentious issue of the rights guaranteed by the United States Constitution. Religious Liberty and the American Supreme Court: The Essential Cases and Documents represents the most authoritative and up-to-date overview of the landmark cases that have defined religious freedom in America. Noted religious liberty expert Vincent Philip Munoz (Notre Dame) provides carefully edited excerpts from over fifty of the most important Supreme Court religious liberty cases. In addition, Munoz's substantive introduction offers an overview on the constitutional history of religious liberty in America. Introductory headnotes to each case provides the constitutional and historical context. Religious Liberty and the American Constitution will be an indispensable resource for anyone interested matters of religious freedom from the Republics earliest days to current debates.
This book is a study of the character and compilation of
Justinian's Digest, the main volume of Justinian's Corpus Iuris
Civilis (528-534 AD). This is often considered as one of the most
influential works in the history of Western culture. It remains
significant, partly because it is still a part of the law in six
countries in Southern Africa, and partly because of its role in the
evolution over fifteen hundred years of the theory and practice of
human rights - a theme explored in Professor Honore's previous book
studying Ulpian (2nd ed, OUP 2002). |
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