Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present. The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law.

Global Private International Law is a groundbreaking casebook, combining the expertise of over sixty international and interdisciplinary contributors who analyze key legal proceedings in order to provide a comprehensive study of the impact of globalisation on the law. Providing a unique and clearly structured tool, this book presents an authoritative collection of carefully selected global case studies. Some of these are considered global due to their internationally relevant subject matter, whilst others demonstrate the blurring of traditional legal categories in an age of accelerated cross-border movement. The study of the selected cases in their political, cultural, social and economic contexts sheds light on the contemporary transformation of law through its encounter with conflicting forms of normativity and the multiplication of potential fora. Key Features: the specific global scope allows the reader to gain a contextualised understanding of legal transformation each case has two commentaries from different viewpoints, ensuring a nuanced perspective on the implications of the global turn in private international law and its importance for adjudication an astute combination of theory and practice ensures readers gain an understanding of the relevance of innovative legal theories in interpreting concrete cases in a changing world comparative material and ground-breaking analysis make this book eminently suitable for use with students and a useful tool for researchers and courts confronted with novel topics or issues.

Recent years have witnessed a vibrant debate concerning the constitutional basis of judicial review,which reflects a broader discourse about the role of the courts, and their relationship with the other institutions of government, within the constitutional order. This book comprehensively analyses the foundations of judicial review. It subjects the traditional justification, based on the doctrine of ultra vires, to criticial scrutiny and fundamental reformulation, and it addresses the theoretical challenges posed by the impact of the Human Rights Act 1998 on administrative law and by the extension of judicial review to prerogative and non-statutory powers. It also explores the relationship between the theoretical basis of administrative law and its practical capacity to safeguard individuals against maladministration. The book seeks to develop a constitutional rationale for judicial review which founds its legitimacy in core principles such as the rule of law, the separation of powers and the sovereignty of Parliament. It presents a detailed analysis of the interface between constitutional and administrative law, and will be of interest to all public lawyers.

Why and in what ways have lawyers been importing economic theories into a legal environment, and how has this shaped scholarly research, judicial and legislative work? Since the financial crisis, corporate or capital markets law has been the focus of attention by academia and media. Formal modelling has been used to describe how capital markets work and, later, has been criticised for its abstract assumptions. Empirical legal studies and regulatory impact assessments offered different ways forward. This book presents a new approach to the risks and benefits of interdisciplinary policy work. The benefits economic theory brings for reliable and tested lawmaking are contrasted with important challenges including the significant differences of research methodology, leading to misunderstandings and problems of efficient implementation of economic theory's findings into the legal world. Katja Langenbucher's innovative research scrutinises the potential of economic theory to European legislators faced with a lack of democratic accountability.

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.

As companies and organisations increasingly operate across national boundaries, so the incentive to understand how to acquire, deploy and protect IP rights in multiple national jurisdictions has rapidly increased. Transnational Intellectual Property Law meets the need for a book that introduces contemporary intellectual property as it is practiced in today?s global context. Focusing on three major IP regimes - the United States, Europe and China - the unique transnational approach of this textbook will help law students and lawyers across the world understand not only how IP operates in different national contexts, but also how to coordinate IP protection across numerous national jurisdictions. International IP treaties are also covered, but in the context of an overall emphasis on transnational coordination of legal rights and strategies. Providing detailed thematic coverage of the major IP rights, including Patents, Copyright, Trademarks, Trade Secrets and Design Protection, the book delves into the national laws and operational realities of these three jurisdictions, highlighting the issues and questions that are most frequently encountered in practice. Of special note are the many English translations of Chinese legal materials = providing the richest and most in-depth coverage of authoritative IP-related statutes, cases and commentaries currently available to students. The textbook draws heavily on cases and other primary sources to tease out the differences, commonalities, and ultimately, strategies for taking a global approach to IP protection. Thought-provoking questions and scenarios throughout the book will stimulate class discussion and cement understanding. Key features: Introductory problems allow students to identify and navigate the key issues An accessible layout with case extracts, questions and notes clearly highlighted illustrates examples of crucial issues, helps identify key information, and points to extensive practical and scholarly commentary on important issues? Comparative approach with numerous references to law and business context in China, the United States and Europe allows students to place national IP in a global context Expert analytical commentary on carefully selected cases guides readers on the key issues. Engaging and comprehensive, this textbook will be essential for all IP courses that aspire to teach the global dimension of IP, and for all students whose aim is to practice IP in what is an increasingly transnational marketplace.

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.

Fueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.

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.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. He offers a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

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.

Three major contributions [of Patents Misuse and Antitrust Law] stand out. First, it illustrates as well as any other work how to bridge the study of antitrust law and patent law... A second and related feature is Professor Lim's excellent use of historical narratives to show how patent misuse concepts have developed over time... A third impressive dimension is its powerful empirical orientation. Professor Lim combines a comprehensive examination of misuse cases with extensive interviews to demonstrate how theory meets practice. In these respects and others, Patent Misuse and Antitrust Law broadens and extends the emerging path of a refreshing new scholarship that links antitrust and patent law. --From the foreword by Prof. William E. Kovacic, former Chairman of the Federal Trade Commission, Global Competition Professor of Law and Policy, George Washington University Law School 'The age old debate as to whether patents are simply a property right in that any trespassing on the property should be punishable, or whether they are tools of economic policy so that questions of misuse can arise when they are not used to encourage commercial developments of new products, has become heated with the advent of patent assertion entities and the problems that arise when use of a patented invention is necessary to comply with an industry standard. Daryl Lim's timely book provides a sober background against which to consider such ideas and possible expansion of types of action that may give rise to claims of patent misuse in the future.' - John Richards, Partner, Ladas & Parry, LLP This unique book provides a comprehensive account of the patent misuse doctrine and its relationship with antitrust law. Created to remedy and discourage misconduct by patent owners a century ago, its proper role today is debated more than ever before. Innovation and competition take place in increasingly complex environments that demand a clear understanding of where illegality ends and legitimate corporate strategy begins. The book is an essential resource for the curious, the expert and all those engaged in deciding what patent misuse means and should mean today. In addition to in-depth doctrinal and policy perspectives, it looks at patent misuse through the eyes of today's leading practitioners, judges, government officials and academics. It also presents a qualitative analysis of modern misuse case law spanning 1953 to 2012. The result is a compelling account that lays out an important doctrinal, policy and empirical framework for future cases and scholarship. Patent law students and scholars will find the author's comprehensive study of popular and actual perceptions of the misuse doctrine a valuable resource, while practitioners, government officials and judges will appreciate the predictive value of the author's findings. Contents: Foreword by William E. Kovacic Preface Prologue Introduction 1. Misuse and Antitrust 2. A Brief History of Patent Misuse 3. The Anatomy of a Defense 4. Key Objections 5. Rethinking the Future of Patent Misuse 6. The Empirical Landscape of Misuse 7. Charting the Scope of Patent Misuse 8. Conclusion Index

Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty's Principal Secretaries of State, despatched Nathan Carrington and three other of the King's messengers to John Entick's house in Stepney. They broke into his house, seizing his papers and causing significant damage. Why? Because he was said to have written seditious papers published in the Monitor. Entick sued Carrington and the other messengers for trespass. The defendants argued that the Earl of Halifax had given them legal authority to act as they had. Lord Camden ruled firmly in Entick's favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful. The case is a canonical statement of the common law's commitment to the constitutional principle of the rule of law. In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on. Winner of the American Society for Legal History Sutherland Prize 2016.

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.
Cross offers the first comprehensive analysis of statutory interpretation and includes extensive empirical evidence of Supreme Court practice. It contains a thorough review of the active disputes over the appropriate approaches to statutory interpretations, namely whether courts should rely exclusively on the text or also examine the legislative history. The book then considers the use of these approaches by the justices of the recent Rehnquist Court and the degree to which they were applied by the justices, either sincerely or in pursuit of an ideological agenda.

This book includes guiding cases of the Supreme People's Court, cases deliberated at the Adjudication Committee of the Supreme People's Court, and cases discussed at the Joint Meetings of Presiding Judges from various tribunals. This book is divided into three sections, including Cases by Justices, Cases at the Adjudication Committee and Typical Cases, which will introduce readers to Chinese legal process, legal methodology and ideology in an intuitive, clear and accurate manner. This volume 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 function of cases from the Supreme People's Court, and to achieve the goal of serving trial practices, serving economic and social development, serving legal education and legal scholarship, serving the rule of law in China, the China Applied Jurisprudence Institute, 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.

"[This book] will be of great value to practitioners, students, academics and judges - whatever their level of experience. [...] The trouble for many legal practitioners, and indeed for many legal book writers, can be a failure to see the wood for the trees, and that is a particular risk when it comes to a subject as fissiparous as statutory interpretation. David Lowe and Charlie Potter are to be congratulated for having avoided that risk: they have written a crisp and engaging book, which covers this important topic in an informative and accessible way..." From the foreword by David Neuberger Understanding Legislation provides a practical, accessible guide to interpreting both English and European legislation of all kinds. This book can be used as a first port of call for practitioners and students on all matters of statutory construction. It is designed to serve as a succinct and authoritative point of reference for questions concerning sources of legislation, the anatomy and structure of differing instruments and matters of interpretation. As well as considering how to read statutory language, and the key principles and presumptions that the courts will apply, the book addresses how other legislation and materials can influence the interpretive exercise and in what way. To this end, it discusses the interpretive significance of the different components of legislation, the various external aids to construction that may exist, and the role of international law, the European Convention on Human Rights (through the Human Rights Act 1998) and EU law in interpreting domestic law. While the primary focus is on English law, the treatment of EU and international law will also serve as concise freestanding guidance as to the sources of EU law, the construction of EU legislation and the construction of treaties.

Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin.

The second edition of this popular textbook has been thoroughly revised, expanded and updated in order to reflect the recent extensive changes in European IP legislation. Providing an in-depth examination of the core areas of IP law, from copyright, patents and trademarks through to the protection of plant varieties and industrial design, it is perfectly pitched to guide the reader through the complexities of the European IP system. New to this edition: Coverage of recent legislative changes since the first edition, including detail on the proposed new copyright package New expanded chapters on Plant Variety Rights, Industrial Designs and Geographical Indications New chapter on IPRs and Unfair Competition, including Trade Secrets Expanded chapter on patents, including coverage of the unitary patent and the UPC, by new co-author and patent expert Stefan Luginbuehl. Key features: Concise and straightforward style, gives students and non-specialist practitioners a clear understanding of the fundamentals of European intellectual property law Highlights extracts from primary sources including decisions of the CJEU and other key case law, reports, and white papers Poses questions designed to provoke critical thinking and reflection around legal problems Covers related areas adjacent to IP law, in order to help students understand the context in which IP legislation operates Gives an overview of community and European IP rights and areas that have been harmonized at a legislative level Considers international IP protection and the interrelation between European and IP law more broadly in order to promote comparative study. With its detailed and comprehensive overview on the structure and content of European IP law, this textbook has proved an essential companion to both basic and advanced courses on European intellectual property across the globe. Acclaim for the first edition: 'This clearly-written and comprehensive text, by two leading scholars of European intellectual property law, is extremely adaptable. It is a perfect platform for classroom teaching, and is also a fine resource for those researching in what is becoming an increasingly complex field.' - Graeme B. Dinwoodie, Chicago-Kent University, US

'Focused content, layout and price - Routledge competes and wins in relation to all of these factors' - Craig Lind, University of Sussex, UK 'The best value and best format books on the market.' - Ed Bates, Southampton University, UK Routledge Student Statutes are: * Exam Friendly: un-annotated and conforming to exam regulations * Tailored to fit your course: 80% of lecturers we surveyed agree that Routledge Student Statutes match their course and cover the relevant legislation * Trustworthy: Routledge Student Statutes are compiled by subject experts, updated annually and have been developed to meet student needs through extensive market research * Easy to use: a clear text design, comprehensive table of contents, multiple indexes and highlighted amendments to the law make these books the most student-friendly Statutes on the market Competitively Priced: Routledge Student Statutes offer content and usability rated as good or better than our major competitor, but at a more competitive price * Supported by a Companion Website: presenting scenario questions for interpreting Statutes, annotated web links, and multiple-choice questions, these resources are designed to help students to be confident and prepared.

This book critically examines the Human Rights Act 1998 (HRA) and evaluates its impact from a multi-disciplinary perspective. The book includes both a domestic and international analysis of the effectiveness of the HRA, and also considers possible future developments in policy and practise as well as contemplating the potential for a British Bill of Rights. The editors have collected pieces from contributors drawn from diverse spheres, all of whom are internationally recognised for their impact in the field of human rights law. Contributors include members of the bench in the United Kingdom and Australia, academics, researchers, members of NGOs, and campaigners as well as people's testimony of lived experiences in relation to the Human Rights Act. Valuable contributions from the likes of Costas Douzinas, Keith Ewing, Helen Fenwick, Lady Hale, Irene Khan, Michael Kirby, Francesca Klug, Peter Tatchell and others have resulted in a book which draws out the connections between legal framework, theory, and the actual experience of the protection afforded to groups and individuals by the HRA. Confronting the Human Rights Act 1998 will be of particular interest to scholars and students of Law, International Studies and Political Science.

"A Century of Constitutional Reform" is a detailed study of the introduction, passage and consequences of major constitutional legislation in the United Kingdom. The book covers legislation enacted since the passage of the Parliament Act 1911, with contributions from leading specialists.Examines in depth the legislation that has shaped the constitution of the United Kingdom since the passage of the Parliament Act 1911Provides a systematic study of the reasons for the introduction of the measures, their passage through ParliamentDiscusses the effects of legislation and the extent to which the laws both achieved their purpose and their unintended consequencesEach contribution is written by a specialist in the field

Legislative drafting is an extremely onerous, exacting and highly-skilled task. What is clearly conceived in the mind may not be easily expressed with clarity and precision in words. It is a highly technical discipline, and one of the most vigorous forms of writing. Few lawyers have the special combination of skills, aptitudes and temperament necessary for a competent draftsperson. This book provides, for the first time, detailed commentary on legislative drafting with a specific focus on the Commonwealth, covering: the ethics of legislative drafting, teaching, training and retention of drafters, the role of legislative drafting in good governance, keeping the statute book up-to-date, drafting by more than words: the use of graphics, labels and formulae in legislation; and the particular challenges of drafting for small states. It constitutes a key reference for legislative drafters, parliamentary counsel and professionals involved in this field in the Commonwealth and beyond. This book was based on a special issue of Commonwealth Law Bulletin.

This book is a research guide and bibliography of Parliamentary material, including the Old Scottish Parliament and the Old Irish Parliament, relating to patents and inventions from the early seventeenth century to 1976. It chronicles the entire history of a purely British patent law before the coming into force of the European Patent Convention under the Patents Act 1977. It provides a comprehensive record of every Act, Bill, Parliamentary paper, report, petition and recorded debate or Parliamentary question on patent law during the period. The work will be an essential resource for scholars and researchers in intellectual property law, the history of technology, and legal and economic history.

Regulating risks in modern societies increasingly involves governments guiding and co-opting corporate risk management systems. This book examines the feasibility of this with reference to occupational health and safety on Britain's railways. It raises important questions about how workplace risks are managed and what influence the law can have in this. These issues are especially significant in the wake of major rail disasters and in the face of the increasing popularity of risk-based approaches to corporate governance.

Public law is an increasingly codified area, arguably more so in Scotland than the rest of the UK. This volume contains a wide-ranging selection of materials on constitutional and administrative law, human rights and civil liberties, making it essential for public law students on the Scottish LLB Law degree. New material for this edition includes the Early Parliamentary Elections Act 2019, the Contingencies Fund Act 2020 and the Coronavirus (Scotland) Act 2020. With no commentary or analysis included, this book is suitable for being taken into exams.