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Books > Law > Laws of other jurisdictions & general law > Law reports
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...wares in the name of Heaven, and the mob will hasten to deck him out in purple and fine linen When Dr Campbell" (meaning the plaintiff) " has finished his Chinese letters, he will be a greater simpleton than we take him for if he does not force ofi' another 100,000 copies of his paper by launching a fresh series of thunderbolts against the powers of darkness. In the meanwhile, -there can be no doubt that he is making a very good thing indeed of the spiritual wants of the Chinese." And the plaintiff, by reason of the premises, has been greatly injured, scandalized and aggrieved. And the plaintiff claims 1000. Plea: Not guilty. On the trial, before Cockburn, C.J., at the Sittings at Guildhall after Hilary Term, it appeared that the defendant was the Printer of a weekly newspaper or periodical called The Satu/rday Review 'if Politics, Literature, Science and Art, and that the libels complained of were published in an article headed "The Heathens' Best Friend," contained in the number for June 14th, 1862. The plaintiff was a minister of a dissenting congregation, and the editor and part proprietor of The British Ensign and The Bfitish Standard, which were dissenting newspapers or periodicals. Extracts from the former were put in evidence, containing a, proposal to publish in it a series of letters to the Queen and persons of note on the subject and duty of evangelizing the Chinese, and to promote as widely as possible the circulation of the numbers of the paper in which those letters should appear, in order to call the attention of missionaries and others to the importance of this work of evangelization. A series of letters accordingly appeared in The British Ensign, the three first of which, ...
This book, published in 2005, is the second annual report of the American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2002 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each case is jointly evaluated by well-known experts in trade law and international economics. The reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as legal point of view, and if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.
This book is the third annual report of the American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2003 cover a wide range of WTO law. Each case is jointly evaluated by well-known experts in trade law and international economics. The reporters critically review the jurisprudence of WTO adjudicating bodies and evaluate whether the ruling 'makes sense' from an economic as well as legal point of view, and if not, whether the problem lies in the interpretation of the law or the law itself. The studies do not cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.
Providing public access to educational material from schools and universities, research and teaching is viewed politically as a means of survival for industrialized countries that have few natural resources, like Germany. The author examined the conditions that provide for success in research and teaching by means of a legal comparison of the copyright laws in Germany and Sweden.
The Palgrave Core Statutes series is designed to meet the needs of today's law students. Compiled by experienced lecturers, each title contains the essential materials needed at LLB level (and, where applicable, on GDL/CPE courses) and is easy to use under exam conditions and in the lecture hall.
This book was the first in a groundbreaking series of annual volumes utilized in the development of an American Law Institute (ALI) project on World Trade Organization Law. The project undertakes yearly analysis of the case law from the adjudicating bodies of the WTO. The Reporters' Studies for 2001 cover a wide range of WTO law ranging from classic trade in goods issues to intellectual property protection. Each of the cases is jointly evaluated by an economist and a lawyer, both well-known experts in the field of trade law or international economics. The Reporters critically review the jurisprudence of WTO adjudicating bodies and attempt to evaluate whether the ruling 'makes sense' from an economic as well as a legal point of view, and, if not, whether the problem lies in the interpretation of the law or the law itself. The Studies do not always cover all issues discussed in a case, but they seek to discuss both the procedural and the substantive issues that form the 'core' of the dispute.
Henry of Bracton (or Bratton) (c. 1210 1268) was a jurist who worked as a Justice of Assize in the south-west of England, and was the author of the first systematic discussion of English common law. The manuscripts which form Bracton's Note Book were discovered in the British Museum in 1884 by Vinogradoff, and were edited in three volumes in 1887 by Maitland. These volumes contain a collection of over 2,000 lawsuits from the thirteenth century, each with a description of how the law should be applied to the particular circumstances of each case. This is the first example of case law in English legal writing, and its usefulness as a record of legal precedent probably led to the creation of Year Rolls (official records of court cases) from 1268. Volume 1, 'Apparatus', introduces the texts and gives an account of Bracton's life.
In this volume, Mirko Canevaro studies the 'state' documents (laws and decrees) preserved in the public speeches of the Demosthenic corpus. These documents purport to be Athenian statutes and, if authentic, provide invaluable information about Athenian history, law, and institutions. Offering a comprehensive account of the presence of the documents in the corpora of the orators and in the manuscript tradition, this volume summarizes previous scholarship and delineates a new methodology for analyzing the documents. Examining the documents found in Demosthenes' On the Crown, Against Meidias, Against Aristocrates, Against Timocrates, and Apollodorus' Against Neaera, the core of the volume, which includes a chapter by Edward M. Harris, provides a guide for the reliability of the individual documents, and advances new interpretations of important Athenian laws, such as homicide regulations, legislative procedures, laws on theft, seduction, naturalization, and outlawry. Canevaro argues that some of the documents have been inserted into the speeches in an Athenian environment at the beginning of the third century BC and are therefore reliable, while many others are later forgeries. These forgeries are early products of the tradition of historical declamations and progymnasmata, and could be used as evidence of Hellenistic oratory and rhetorical education.
This study investigates the independent prerogative which Mary I and Elizabeth I exercised through royal proclamations. These public documents were announced throughout England, informing men and arguing the Queen's positions, commanding local officials to perform specific actions, and on occasion creating new but temporary law that was designed to meet crisis situation when no delay could be tolerated. The theoretical relationship between this prerogative power and the existing statutory law has been the subject of much debate. This study adds an element previously neglected, the investigation of the Queens' actual use of the proclamations, showing that they did innovate with vigour and legislate in them, but only to supplement and not supplant the law, and within the limits slowly being formulated in the sixteenth century. Professor Youngs demonstrates how the proclamations affected domestic security and foreign affairs, social and economic matters, and religion.
Royal proclamations were an important instrument of Tudor government and their legislative function has long been a subject of historical controversy, but the actual use of them by the Tudor monarchs has not been adequately studied. The main purpose of this book is to provide a systematic analysis of the use, authority and enforcement of proclamations in early Tudor England. Professor Heinze first attempts to establish a more accurate account of the proclamations issued; and then describes their formulation and promulgation. He also investigates the authority of proclamations as defined by Parliament and the role and power attributed to them by Tudor judges and legal writers. The main body of the study traces the actual use of proclamations and their relationship to statutory and common law. Separate chapters are devoted to the controversial Statute of Proclamations and the long neglected subject of enforcement.
The eighteenth century witnessed both a notable increase in the amount of legislation passed in each parliamentary session as a response to the changing economic and social climate, and the development of new forms of parliamentary practice which foreshadowed the much better known innovations of the nineteenth century. In consequence, Parliament gained much greater influence over the everyday life of the community, and the new profession of parliamentary agent developed to assist landowners and local communities in their dealings with Parliament. The study centres round the work of Robert Harper of Lincoln's Inn, an eminent conveyancer whose active career as one of the first parliamentary agents spanned half the century. Miss Lambert describes in detail Harper's important collection of printed parliamentary papers, using them to throw light on the nature of the evidence provided by printed bills. She demonstrates how this evidence may be used to advantage in conjunction with Parliamentary records, particularly in studying local, economic and family history.
Today, statutes make up the bulk of the relevant law heard in
federal courts and arguably represent the most important source of
American law. The proper means of judicial interpretation of those
statutes have been the subject of great attention and dispute over
the years. This book provides new insights into the theory and
practice of statutory interpretation by courts.
This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.
The Art of Argument guides readers through the process of developing, defending and presenting a compelling argument. Primarily aimed at students who are about to undertake or participate in an international mooting competition, The Art of Argument explains in a step-by-step process what to do when you first get the moot problem, how to begin researching the subject matter, the emotional highs and lows, why practice makes perfect, how to handle yourself at the competition, and most importantly to have fun. Through the process of mooting you learn how to construct analytical arguments, to present your point logically and soundly and to consider and address the queries and concerns of your opponent and the Moot Master. For a law student there is no greater skill than constructing a logical and compelling argument.
The Blackstone's Guide Series delivers concise and accessible books
covering the latest legislative changes and amendments. Published
soon after enactment, they offer expert commentary by leading names
on the scope, extent and effects of the legislation, plus a full
copy of the Act itself. They offer a cost-effective solution to key
information needs and are the perfect companion for any
practitioner needing to get up to speed with the latest changes.
Today, statutes make up the bulk of the relevant law heard in
federal courts and arguably represent the most important source of
American law. The proper means of judicial interpretation of those
statutes have been the subject of great attention and dispute over
the years. This book provides new insights into the theory and
practice of statutory interpretation by courts.
European law has been faced with increasingly complex issues emerging from rapid developments in pharmaceutical medicine and biotechnology. A team of distinguished European legal practitioners and academics reassess the impact of European law on health care and pharmaceutical law. The essays are grouped under four themes: free movement of goods and persons, competition and intellectual property; European drug regulation; biotechnology; and product liability and transnational health care litigation. This important study offers a valuable resource for the pharmaceutical and biotechnology industries, as well as legal academics and practitioners.
This fully revised and updated new edition offers a detailed exposition of EC Directives, individual rights, and the protection of those rights in national courts. Three central themes are investigated: the characteristics of EC Directives; the role played by national courts in protecting the rights which individuals derive from Directives; and the 'devices' and means by which the courts may implement this protection. Focussing initially upon clear examples from the ECJ case law, the author then moves on to discuss specific 'lines' within that case law, and to examine how these 'lines' complement or contradict each other. Throughout the text, the author's empirical argument is enriched by discussion of doctrine and theory. Less orthodox ideas are also incorporated through selective use of a comparative approach which illuminates the workings of EC directives from the broader perspective of the EC as a whole. In an updated conclusion, the prospects of Directives in the future and in the light of the nascent European Constitution are discussed. The result is an extensive and in-depth analysis of Directives, the case-law of the ECJ, and legal writing on the topic, which also engages with the more practical issues of implementation and enforcement in the courts.
The EU Structural Funds is a pioneering book that provides the first systematic and critical examination of the role of the EU Structural Funds and other financial instruments in European integration. The examination is important because of the substantial sums of money involved and shows that these sums are not necessarily being used effectively or efficiently. Total Structural Fund spending from 1994 to 1999 is to be almost Euro 170 billion and this sum represents around 33 per cent of the Union budget and around 0.4 per cent of the Union gross domestic product. For the years 2000 to 2006 spending of up to Euro 218.4 billion is proposed. The issues raised by Andrew Evans are highly topical because of the challenges to established practice entailed by the introduction of a single currency, the `Euro', and by plans for the future accession of several countries of Central and Eastern Europe to the Union.
This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.
European environmental and energy policies are currently challenged by two mutually dependent issues: CO2 abatement and the completion of the Internal Market for energy. Both will lead to substantial structural changes in the energy supply industry and in the wider economy. The purpose of this book is to analyze the interaction between CO2 abatement, economic structural change and the completion of the European Internal Market. This involves not only significant general equilibrium effects, but also technological changes, especially in the electricity supply sector. The simulation results indicate that the effects of measures to reduce European CO2 emissions depend considerably on the structure of the electricity supply system.
This volume discusses the role of the European Community, in particular the Single European Market, and shows how it is having an important impact on women's working lives. As well as documenting women's employment throughout Europe, the book addresses issues of key importance for women in Europe. These include how the European Community has developed policies, that positively benefit women, the way that women are influencing change at the European level and the impact that this is having at the national level.
This book argues against the conventional wisdom that a U.S. right to health is out of reach. It shows that the necessary change is not extraordinary but familiar and that the law has already laid considerable groundwork in ordinary statutes and case law. This descriptive foundation, revealed through the application of well-accepted theories of rights, has simply yet to be either acknowledged as, or relied upon, for rights-building. The book then moves from the descriptive task of showing where a right to health already exists in our legal corpus to the prescriptive goal of showing how we could feasibly and meaningfully expand the right through ordinary policies that are widely used in other domains, including impact assessments and state-sponsored reinsurance. By normalizing American health rights discourse and bringing a right to health, including a right to health care, within the domain of ordinary policy debate, this book arms health advocates for the sharp political contests over health that we face today. Amid the prevailing neoliberal, neo-Lochnerian ideologies that have led us to a dead-end, this book proposes a rival ethic that has been developing right under our noses, one focused on embodied justice, where the priority is squarely on the human and our capacity for suffering and flourishing.
This work covers such topics as: EU directives and harmonization work; health, safety and environment; recent technical development - products and processes; shot hole development; and management of blasting operations.
Published since 1929 (and featuring cases from 1919) the International Law Reports is devoted to the regular and systematic reporting of decisions of international courts and arbitrators and judgments of national courts. Cases are drawn from every relevant jurisdiction--international and national. This series is an essential holding for every library providing even minimal international law coverage. It offers access to international case law in an efficient and economical manner. |
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