This book provides in-depth studies of some of the leading family law cases which have shaped modern family law in England and Wales. Family law cases tend to raise highly controversial issues, often on striking facts, frequently provoking wider social debate and/or extensive publicity. Consequently, the landmark cases chosen for this collection provide considerable scope, not only for doctrinal analysis and explanation of the importance and impact of the decisions, but also for in-depth examination of the social or policy developments that influenced them. The stories behind the cases provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts of England and Wales.

Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been - undeservedly - assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.

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.

Under the Appointments Clause, the President is empowered to nominate and appoint principal officers of the United States, but only with the advice and consent of the Senate. In addition to this general appointment authority, the Recess Appointments Clause permits the President to make temporary appointments, without Senate approval, during periods in which the Senate is not in session. This book begins with a general legal overview of the Recess Appointments Clause and a discussion of applicable case law that existed prior to the D.C. Circuit's decision in Noel Canning. In Noel Canning v. National Labor Relations Board, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) ruled that President Obama's appointments of three Members to the National Labor Relations Board (NLRB) were constitutionally invalid. This book focuses on the ramifications that the Noel Canning decision might have on the President's authority to make recess appointment by providing a legal analysis of Noel Canning and the applicable case law that existed prior to that decision. The U.S. Constitution explicitly provides the President with two methods of appointing officers of the United States. This book also provides an overview of the Recess Appointments Clause, exploring its historical application and legal interpretation by the executive branch, the courts, and the Comptroller General. It also reflects on the U.S. Court of Appeals for the D.C. Circuit's decision in Noel Canning v. Nat'l Labor Relations Board, which held that the President's three recess appointments to the National Labor Relations Board (NLRB) were invalid.

Few rules of law can so quickly strike terror into the hearts of lawyers as the Rule against Perpetuities. This rule, two centuries in development, is designed to prevent tying up property for too long a time. It can be stated in one sentence, but the great nineteenth-century master of the Rule, John Chipman Gray, required more than 400 scrupulously detailed pages to explain it. For deceptive subtleties and unexpected traps it has no equal. This book views the Rule in the microcosm of Kentucky cases. It shows that perpetuities law in action differs from perpetuities law in the books. It is more chaotic than any writer has ever suggested. While the words of doctrine remain the same, the meaning shifts from case to case. Seemingly the law is working slowly and tortuously to a new and sounder policy base. The book also is designed to provide the practicing lawyer with a simplified statement of the Rule and comprehensive analysis of Kentucky cases. Lastly, the book deals with an analysis of reform, particularly the 1960 Kentucky legislature reform act, based upon a draft by the author.

2012 Reprint of 1961 Edition. Exact facsimile of the original edition, not reproduced with Optical Recognition Software. In this title Nizer recounts some of his significant civil and criminal cases. The tension of the courtroom and the fervor of the advocate pervaded his books, including "My Life in Court," which made him nationally famous. It rose to the top of The Times's best-seller list and logged 72 weeks as a sales leader. One critic praised it as "entertaining and philosophically instructive, an unusual combination." The book included stories of court cases that Mr. Nizer had won, including the famous libel action that the writer Quentin Reynolds, with Mr. Nizer as his lawyer, brought successfully against the columnist Westbrook Pegler. The account of that case served as the basis of the 1963 Broadway play "A Case of Libel."

This title presents a selection of federal acts including the Posse Comitatus Act; the Foreign Corrupt Practices Act (FCPA); the Arsenal Act; the Emergency Planning and Community Right-to-Know Act (EPCRA); the Toxic Substances Control Act (TSCA); the Fair Credit Reporting Act; and the Combating Autism Act.

Ancient accounts of Aristotle credit him with 170 Constitutions of various states; it is widely assumed that these were research for the Politics, and that many of them were written or drafted by his students. Athens, however, was a particularly important state, and where Aristotle was living at the time; it is plausible that, even if students did the others, Aristotle did that one himself, and possible that it was intended as a model for the rest.

Since the beginning of the 20th century, various attempts have been made by legal scholars to draft a Civil Code in China. However, only since the 1980s, when the open-door policy was implemented, has Chinese Civil law become the basis for the development of a socialist market economy. Since the adoption of Chinese contract law (1999), property Law (2007) and tort Law (2009) in recent years, the basic construction of a socialist civil law system has been formulated. For the completion of a systematic civil law structure, a Civil Code has now been further advocated by society. The Draft Civil Code, prepared by the Chinese Academy of Social Sciences headed by Liang Huixing, is the first Draft Civil Code since the establishment of the People s Republic of China. The English translation of this code aims to provide a source for western scholars to provide some knowledge on recent developments of Chinese civil law. Also available as a Hardback edition (978-90-04-19042-9).

This is an EXACT reproduction of a book published before 1923. This IS NOT an OCRd book with strange characters, introduced typographical errors, and jumbled words. This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book.

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 133 reports on, amongst others, the 2007 decision of the European Court of Human Rights in Behrami and Saramati, the judgment of the Court of Appeal of Singapore in CAA v. Singapore Airlines and the related Canadian decision, and the English decisions of the High Court, Court of Appeal and House of Lords in Al-Skeini.

The International Law Reports is the only publication in the world wholly devoted to the regular and systematic reporting in English of decisions of international courts and arbitrators as well as judgments of national courts. Volume 132 reports on, amongst others, the 2007 Partial Award in Eurotunnel arbitration, the Bermudan Court of Appeal case on treaties (Braswell) and the UK House of Lords judgments in joined appeals in Jones (Margaret) and Ayliffe together with the lower court decisions.

This book examines why laws fail and provides strategies for making laws that work. Why do some laws fail? And how can we make laws that actually work? This helpful guide, written by a leading jurist, provides answers to these questions and gives practical strategies for law-making. It looks at a range of laws which have failed; the 'damp squibs' that achieve little or nothing in practice; laws that overshoot their policy goals; laws that produce nasty surprises; and laws that backfire, undermining the very goals they were intended to advance. It goes on to examine some of the reasons why such failures occur, drawing on insights from psychology and economics, including the work of Kahneman and others on how humans develop narratives about the ways in which the world works and make predictions about the future. It provides strategies to reduce the risk of failure of legislative projects, including adopting a more structured and systematic approach to analysing the likely effects of the legislation; ensuring we identify the limits of our knowledge and the uncertainties of our predictions; and framing laws in a way that enables us to adjust the way they operate as new information becomes available or circumstances change. Key themes include the importance of the institutions that administer the legislation, of default outcomes, and of the 'stickiness' of those defaults. The book concludes with helpful checklists of questions to ask and issues to consider, which will be of benefit to anyone involved in designing legislation.

Blackstone's Statutes have an unrivalled tradition of trust and quality, and a rock-solid reputation for accuracy, reliability, and authority. Content is extensively reviewed to ensure a close map to courses. Blackstone's Statutes lead the market: consistently recommended by lecturers and relied on by students for exam and course use. Each title is: - Trusted: ideal for exam use - Practical: find what you need instantly with a new tab system to aid navigation - Reliable: current, comprehensive coverage - Relevant: content reviewed to match your course Visit www.oxfordtextbooks.co.uk/orc/statutes/ for accompanying online resources, including video guides to reading and interpreting statutes, exam tips, and an interactive sample Act of Parliament.

"The Irving case has done for the new century what the Nuremberg tribunals or the Eichmann trial did for earlier generations." The Daily Telegraph

From January to April 2000 a high-profile libel case brought by the British historian David Irving against Penguin Books and Deborah Lipstadt, charging that Lipstadt s book, Denying the Holocaust (1993), falsely labeled him a Holocaust denier, was tried in the British High Court. 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 prepare for the court an expert report presenting the 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 submitted an exhaustive forensic report, which he successfully defended in cross-examination in court. In his verdict in favor of the defendants, Mr. Justice Charles Grey concluded that "no objective, fair-minded historian would have serious cause to doubt that there were gas chambers at Auschwitz and that they were operated on a substantial scale to kill hundreds of thousands of Jews."

The Case for Auschwitz analyzes why Auschwitz has become central to Holocaust denial and how it became a focus in the Irving-Lipstadt trial. It presents the compelling evidence contained in the original expert report and details the way this evidence played out at the trial. Unique in its comprehensive assessment of the historical evidence for Auschwitz and devastating in its demolition of the arguments of Holocaust deniers against Auschwitz, van Pelt s book is essential reading for anyone interested in the history of the Holocaust and for those who seek to combat Holocaust denial."

Federal firearms regulation has been a subject of continuous interest for legislators. In recent Congresses, a range of proposals has been introduced, with some seeking to ease various federal firearms restrictions or facilitate reciprocity in state treatment of persons authorized to carry a firearm by another state. Other proposals have sought greater restrictions on the federal rules concerning the possession, transfer or sale of firearms, or the expansion of background checks for firearm purchases. These various approaches, in turn, prompt debate about not only their pros and cons but also their legalities, as Congress's ability to legislate on such matters must comport with the Second Amendment and other constitutional constraints. This book discusses important gun control issues.

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 3 contains the texts of Pleas in the Bench and before the King from 1224 to 1240.

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 law cases 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 2 contains the texts of Pleas in the Bench from 1218 to 1234.

American International Law Cases (AILC) is an annual case law reporter that provides the full text of U.S. court opinions involving international law issues. The courts covered include all U.S. federal district courts and bankruptcy courts, federal appellate courts, and the U.S. Supreme Court, as well as the U.S. Court of International Trade, other federal specialty courts, and state courts that have decided notable cases. The 2014 edition contains 12 volumes with over 350 cases. The cases appear in alphabetical order by case name, with a subject index of cases and consolidated table of cases at the end of Volume 12. The 2014 edition includes noteworthy cases from U.S. federal courts relating to the following topics: Alien Tort Statute: Al Shimari v. CACI Premier Tech. Inc.; Chowdhury v. WorldTel Bangladesh Holding, Ltd.; Ntsebeza v. Ford Motor Co. (In re South African Apartheid Litigation) Authority to order discovery regarding foreign assets outside the U.S.: Republic of Argentina v. NML Capital, Ltd. Comity: Gucci America Inc. v. Bank of China Extraterritoriality: Ntsebeza v. Ford Motor Co. (In re South African Apartheid Litigation) Federal Tort Claims Act: In re KBR, Inc., Burn Pit Litig. (Metzgar v. KBR, Inc.) Financial support of terrorists: Wultz v. Bank of China Foreign Sovereign Immunities Act: European Cmty. v. RJR Nabisco, Inc.; In re KBR, Inc., Burn Pit Litig. (Metzgar v. KBR, Inc.); Jerez v. Republic of Cuba; Republic of Argentina v. NML Capital, Ltd.; Wultz v. Bank of China Habeas corpus and the detention of suspected terrorists: Aamer v. Obama; Abdullah v. Obama; Al Janko v. Gates; Hatim v. Obama Hague Convention on the Civil Aspects of International Child Abduction: Sanchez v. R.G.L. In personam jurisdiction: Daimler AG v. Bauman; Gucci America Inc. v. Bank of China International arbitration and the New York Convention: BG Group PLC v. Argentina; Commissions Import Export SA v. Republic of the Congo Political question doctrine: Al Shimari v. CACI Premier Tech. Inc. Status and rights of aliens: Hizam v. Kerry; Scialabba v. Cuellar De Osorio War powers and national security: Ralls Corp. v. Committee on Foreign Investment in the United States

This book focuses on those policies contained in the 2014 farm bill that support agriculture-based renewable energy, especially biofuels. The introductory sections of this book briefly describe how USDA bioenergy policies evolved and how they fit into the larger context of U.S. biofuels policy. Then, each of the bioenergy provisions of the 2014 farm bill are defined in terms of their function, goals, administration, funding, and implementation status. The book describes agriculture-based biofuels and the evolution of the U.S. biofuels sector with a focus on the role that federal policy has played in shaping its development. It highlights emerging issues that are critical to the biofuels sector and of relevance to Congress. Furthermore, this book provides a description of the Biomass Crop Assistance Program's main componentsannual and establishment payments, matching payments, and project areasas outlined in USDA's final rule, along with a discussion of program funding and implementation issues.

The farm bill is an omnibus, multi-year piece of authorizing legislation that governs an array of agricultural and food programs. Titles in the most recent farm bill encompassed farm commodity price and income supports, farm credit, trade, agricultural conservation, research, rural development, bioenergy, foreign food aid, and domestic nutrition assistance. Although agricultural policies sometimes are created and changed by freestanding legislation or as part of other major laws, the farm bill provides a predictable opportunity for policy makers to comprehensively and periodically address agricultural and food issues. The farm bill is renewed about every five years. This book begins with a brief overview of the estimated budgetary impact of the 2014 farm bill, followed by a summary comparison of the major provisions of each title.

What does the rule of law mean, in practical terms, for the way that legislation is prepared, drafted and presented? It is a cornerstone of the UK legal order and requires certain things from the legal system, such as that the law must be intelligible, predictable and accessible. This book examines what those requirements mean for the form that legislation must take. Using the rule of law as the starting point, the author uses deductive reasoning to determine what flows from this in terms of the form of legislation. Each element of the rule of law is analysed to establish principles about the form that legislation ought to take, and the book examines how each principle can be given concrete effect. The originality lies in the nexus between the rule of law and the form of legislation. Much has been written about the nature and content of the rule of law, but relatively little has been devoted to legisprudence, the theory and practice of legislation. This book now draws these two subjects together in a detailed and innovative way.

The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.