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This is the second of three self-contained volumes, making up the Oxford Encyclopaedia of EC Law, a major reference work on the law of the European Community/Union. The first of its kind in any language, it provides an authoritative guide to the interpretation of Community law. This volume focuses in particular upon those areas of Community law which are relevant to the creation and functioning of the internal market, such as the four freedoms, i.e. the free movement of goods, persons, services and capital, including the right of establishment; customs law; company law; intellectual property rights; sex equality law; social security law; public procurement; tax law; and related areas. There will be a companion volume that focuses upon competition law and policy, while a new edition of the volume of the Encyclopaedia covering Institutional Law (first published 1991) will be produced once the fate of the European Constitution has been decided. Each entry begins with a short definition of a term or concept, followed by a longer and more detailed explanation. The definitions and explanations are based on the Treaties and the legal acts of the institutions (secondary legislation), as interpreted in the extensive case-law of the European Court of Justice and the Court of First Instance, to which full references are made in the text. The volume thus contains a comprehensive and detailed coverage of its subject, reflecting the authoritative interpretation of Community law by the Community Courts. The entries are arranged alphabetically, with a full list of entries at the beginning of the volume guiding the reader to the relevant term or concept. For ease of use, the book is thoroughly cross-referenced, and each entry is followed by a reading list to facilitate further research in a particular area. There are comprehensive tables of cases, Treaties, international agreements and secondary legislation, plus an Index to the entire volume. Prepared by a team of recognized experts in the field of EC/EU law, the volume will serve both as a reliable tool for practitioners looking for an authoritative and up-to-date explanation of a subject supported by an extensive citation of cases, and as a starting-point for advanced students or academics wishing to carry out further research in this branch of the law.

Bennion, Bailey and Norbury on Statutory Interpretation is the leading work on statutory interpretation. It provides a clear and comprehensive guide to understanding, interpreting and applying legislation. Regularly used by practitioners and academics, and frequently cited in judgments throughout the common law world, it is a trusted and authoritative resource. The eighth edition continues to enhance the presentation and scope of the content, including new chapters on devolution contributed by subject experts. The material in the new edition has been extensively restructured, and in places rewritten, to improve accessibility and enhance the content. The edition has been produced by a new editorial team, with Professor David Feldman QC (Hon) FBA, Rouse Ball Professor of English Law, as consultant editor. Key features: * comprehensive and up to date account of statutory interpretation * logical structure and overviews enable readers to find information quickly * each section begins with a succinct legal proposition, which is followed by more detailed commentary and analysis * extensive examples illustrate the application of principles discussed in the text

The European Union is in 1998 on the threshold of great changes. The euro is to become the single currency for most of the member states. Negotiations for the accession of six new states have begun and membership, which already covers almost all of Western Europe, will before long extend to most of Central and Eastern Europe, too. The Union's institutions will be reformed. Its powers may soon reach beyond the economy and the environment into the fields of foreign policy and defence.

First published as European Community: The Building of a Union, this third edition has been thoroughly revised and updated to take these recent developments into account. John Pinder provides a detailed and coherent view of the evolution of the European Union, and investigates its future as Europe approaches the millennium.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

A central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other times entirely withdrawn from it.

With a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book covers all the major cases specified in the national and state civics and American history standards. For each case, there is an introductory essay providing historical background and legal commentary as well as excerpts from the decision(s); related documents such as briefs or evidence, with headnotes and/or marginal commentary, some possibly in facsimile; and features or sidebars on principal players in the decisions, whether attorneys, plaintiffs, defendants, or justices. An introductory essay defines the criteria for selecting the cases and setting them in the context of American history and government, and a concluding essay suggests the role that the Court will play in the future.

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. All the sources included are translated into modern English, offering an accessible inroad to the leading primary materials for students of the history of the common law. The sources themselves - revealing the operation of courts across a wide range of personal and economic disputes - offer a rich resource for historians researching the development of the English government, society, and economy. Their significance in shaping the common law spans beyond England, and ensures the collection is an essential reference point for all those interested in the history of the common law in any jurisdiction.

This revised and fully up-to-date English translation of the 7th edition of the Casebook Verfassungsrecht includes a new outline of the German constitution, the BVerfG Court, and its jurisprudence. It condenses more than six decades of constitutional jurisprudence in order to familiarize readers with the style, technique, and language of the Court. As well as an analysis of the general principles of German constitutional law, the book covers the salient articles of the German Constitution and offers relevant extracts of the Court's most important decisions on the provisions of the Basic Law. It provides notes and discussions of landmark cases to illustrate their legal and historical context and give the reader a clear understanding of the principles governing German constitutional law. The book covers the fundamental rights catalogue of the Basic Law and offers a comprehensive account of its intellectual moorings. It includes landmark jurisprudence on the equal treatment of same-sex couples, life imprisonment, the legal structure of property, the right to assembly, and the right to informational self-presentation. The book also covers the provisions and respective case law governing the state structure of Germany, for instance the recent decisions on the prohibition of the far-right German nationalist party, and the Court's jurisprudence on European integration, including the most recent decisions on the OMT-program of the European Central Bank.

This book provides in English the case law of the Colombian Constitutional Court, which has become one of the most creative and important courts of the global south and the world since its creation in 1991. It offers concise and carefully chosen extracts of the Court's most important cases, along with notes and introductory materials to place them in historical and comparative context. The book covers the Court's landmark rights jurisprudence, including the decriminalization of drug possession, the legalization of same-sex marriage, the protection of social rights through broad structural orders such as the ones covering internally displaced persons and the right to health. It also covers the protection of the rights of indigenous peoples to cultural autonomy and to be consulted before economic projects are undertaken on their land, and the rights of victims of the country's long-running internal armed conflict to truth, justice, and reparations. Also provided are the Court's most noteworthy structural cases, particularly its successful attempt to limit the use of states of exception and its substitution of the constitution doctrine, which allows it to strike down amendments that replace rather than amending core principles of the existing constitutional order. The materials focus on the Court's contributions in a comparative perspective, showing how they are exemplary of a range of problems faced by courts around the world and particularly as an example of aggressive judicial review by the courts of the global south. At the same time, they demonstrate how many of the Court's key cases - such as the judicial review of the peace process with guerrilla groups or the striking down of an amendment to allow a popular president to seek a third term - are reactions to the historical features of the Colombian legal and social landscape.

Well-selected and authoritative, Macmillan Core Statutes provide the key materials needed by students in a format that is clear, compact and very easy to use. They are ideal for use in exams. This new edition of Core Statutes on Criminal Law contains essential material up to June 2021.

Designed specifically for students, Blackstone's Statutes lead the market in providing a carefully selected, regularly updated, and well sourced collection of legislation for the core subjects and major options offered on the law syllabus. Each title is ideal for use throughout the course and in exams providing the student with: - Unparalleled coverage - Unannotated primary and secondary legislation - Detailed indexing and tables of content to aid quick and efficient research - Up-to-date and relevant material - Online Resource Centre providing updates, web links, and guidance on using a statutes book

From January to April 2000 historian David Irving brought a high-profile libel case against Penguin Books and Deborah Lipstadt in the British High Court, charging that Lipstadt's book, Denying the Holocaust (1993), falsely labeled him a Holocaust denier. The question about the evidence for Auschwitz as a death camp played a central role in these proceedings. Irving had based his alleged denial of the Holocaust in part on a 1988 report by an American execution specialist, Fred Leuchter, which claimed that there was no evidence for homicidal gas chambers in Auschwitz. In connection with their defense, Penguin and Lipstadt engaged architectural historian Robert Jan van Pelt to present evidence for our knowledge that Auschwitz had been an extermination camp where up to one million Jews were killed, mainly in gas chambers. Employing painstaking historical scholarship, van Pelt prepared and submitted an exhaustive forensic report that he successfully defended in cross-examination in court.

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.

Following the international success of Volume 1 in 2010, Volume 2 presents a brand new selection of cases that have changed our lives. This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by. It takes a retrospective look at the circumstances behind the results of these great cases, examining the facts and the lasting legacies, as well as revealing a human side to the events that is not always apparent from the law reports. The themes addressed by the book demonstrate the rule of law, showing that through something as abstract as judicial reasoning, we create a set of rules and procedures which govern our lives. In support of the rule of law and the causes championed by LexisNexis, a sum of GBP1 from every copy of the book sold will be donated to Stop the Traffik, a global movement of activists around the world who passionately give their time and energy to build resilient communities and prevent human trafficking.

This new edition of Wikeley, Ogus and Barendt's The Law of Social Security has been restructured to reflect the significant legislative and case law developments that have taken place since publication of the fourth edition in 1995. These include the introduction of jobseeker's allowance and tax credits along with major reforms to bereavement benefits and pensions law, as well as fundamental changes to the decision making and appeals system.

The fourth edition of this book has been fully updated to take account of the drastic reforms that have occurred as a result of requirements to comply with EC Directives. In addition, an increasing body of international guidelines has been issued. This new edition includes the extensive amendments to the Copyright, Designs and Patents Act 1988, the European Patent Convention, the Patent Co-operation Treaty, the Madrid Agreement, the Agreement on Trade-related aspects of Intellectual Property Rights, the WIPO Copyright Treaty and the Performances and Phonograms Treaty. Concentrating on topics of particular practical importance and interest in a stimulating and concise way, this book should be of interest to both students and practitioners and is an introduction to the subject.

This book examines the Golan v. Holder Supreme Court Case, which discussed whether Congress has the power to grant copyright protection to creative works that have already entered the public domain. A group of orchestra conductors, educators, performers, film archivists, and motion picture distributors, who had relied on the free and unrestricted availability of these artistic works in the public domain for their livelihoods, filed a lawsuit against the federal government challenging the constitutionality of the URAA.

Fully updated in line with current law this popular title is designed as a learning aid and written in an informal style. The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines. Publishing in the LawBasics series this book is a helpful easily digestible guide to the development of case law in Scotland, from the Union of the Parliaments to Devolution (and beyond?) 100 Cases LawBasics is presented in a clear, concise and accessible format. Written in chronological order, it can be read in that order or dipped into for particular cases or topics of interest.

The Mental Capacity Act 2005 provides a statutory framework for acting and making decisions on behalf of individuals who lack the mental capacity to do so for themselves. It introduced a number of laws to protect these individuals and ensure that they are given every chance to make decisions for themselves. The Act has recently been supplemented with new provisions pertaining to those who need to be accommodated under care and treatment regimes that may have the effect of depriving them of their liberty, but who lack the capacity to consent. This Code of Practice provides guidance and information for professionals implementing the deprivation of liberty safeguards legislation on a daily basis. In some cases, this will be paid staff, in others, those who have been appointed by law to represent individuals who lack capacity to make decisions for themselves (such as deputies or donees of a Lasting Power of Attorney).The Code incorporates good practice and demonstrates how the principles of the Act can be applied to those who have been deprived of their liberty for their own safety, or for the safety of others.

An essential collection of articles, tables and notes, to define and explain the modern uses and relationships - as well as the global origins, evolution and culture - of the units composing what became known as the Imperial System, but has since in practice become the universal Anglo-American system of customary measures. For use in the home, in schools, in government and public bodies, by trade, industry, the media and in countries overseas. For quick reference, occasional consultation, continual study or simply reading for pleasure.

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.

In June 1938, Franklin D. Roosevelt signed into law a new Food, Drug, and Cosmetic Act, the first major legislation regulating these industries since the 1906 Wiley law. Eliminating many serious and long-standing abuses in production, labeling, and advertising, the 1938 Act was, in the words of David L. Cowen, "a milestone in federal interest in consumer protection." Despite its importance to the American public, however, its passage was effected only after a long, complex battle between conflicting interest groups. This volume is a study in depth of that five-year struggle, fully documented by records, correspondence, and publications, as well as a social history of the period. The author analyzes the inadequacy of the 1906 law, the roles of Franklin Roosevelt, Henry Wallace, and Rexford Tugwell, the American Medical Association, drug associations, and consumers' and women's groups. Originally published in 1970. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

After a distinguished career as a jurist in Germany, Alfred Oppler came to the United States in 1939, and in 1946 was invited to Tokyo, where he was SCAP's authority on reform of the Japanese legal order to implement the principles of the new Constitution. Here is his account of the legal reforms and the methods used to achieve them. The author describes the wide scope of his activities, which included a vigorous promotion of civil liberties, surveillance of relevant legislation, and observation of the administration of justice throughout the country. He focuses on the Continental nature of the Japanese law and analyzes the American objectives as well as the personalities of the Occupation and of Japanese with whom he negotiated. Special chapters describe the Supreme Court mission to the United States (which the author escorted), the removal of General MacArthur, and the author's post-Occupation work on Japanese, Korean, and Ryukyuan problems. Treating all aspects of the legal reforms, this book provides insights into Japan during and after the Occupation. Originally published in 1976. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

The Commentary provides quick access to the essentials of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community (the "Withdrawal Agreement"). The Commentary has a clear and intuitive structure, which explains the Withdrawal Agreement on the basis of relevant chapters, such as Rules on Free Movement of Citizens, the Financial Settlement, and the Protocol on Ireland/Northern Ireland. At the beginning of each chapter, a short overview allows the reader to understand at first glance the topics that are covered by the respective articles of the chapter. The commentary in each chapter is structured thematically, grouping individual articles to provide a more concise, easily accessible text, while also ensuring a consistent presentation throughout the Commentary.