The New Jersey State Constitution is a completely revised new edition that provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of New Jersey's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of New Jersey's constitution.
State constitutions perform different functions and contain different provisions from the more-familiar U.S. Constitution. The book first outlines the historical development of New Jersey's state constitution from 1776 to the present and explains the highlights of the process of state constitutional development, leading to the current New Jersey constitution. Next, each section of the current constitution is analyzed, including its origins, general intent and purpose, and important judicial interpretations illustrating the types of situations in which the section can come into play, including references to key academic analysis of each section. Careful explanation is provided, with illustrations from cases, of the complex and evolving relationship between rights guaranteed by the U.S. Constitution and rights guaranteed by the New Jersey constitution. In many instances, New Jersey's rights can be more protective than those included in the Federal Constitution. Finally, the book provides a thorough bibliographical essay reviewing the evolution of the New Jersey constitution.
The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research.
Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.

In Brexit and the Future of Private International Law in English Courts, Mukarrum Ahmed discusses the impact of Brexit upon jurisdiction, foreign judgments, and the applicable law in civil and commercial matters. By providing a commentary on the principal post-Brexit changes in England, this book faces towards the future of private international law in English courts. It utilises a once-in-a-generation opportunity to analyse, understand, and reframe some fundamental assumptions about the discipline with a view to suggesting adjustments and law reform. Ahmed argues that a conscious unlearning of the central precepts of EU private international law would be detrimental to the future of English private international law. The multilateral issues that lie ahead for the discipline rely on the legal epistemology of EU private international law, which also serves as a useful reference point when comparing aspects of English private international law. Unshackled from the EU's external competence constraints, the UK will have the opportunity to play a more prominent role in the development of the Hague Conference's global instruments. A methodologically pluralist approach to English private international law may be the best route to sustain its global leadership in this field, as well as simultaneously assimilating the best private international law developments from the Commonwealth, Europe, and beyond.

Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.

Anton Fagan has taught the South African law of delict for twenty years and has written extensively on the subject. Undoing Delict: The South African Law of Delict under the Constitution includes his ten best previously published articles and essays. They deal with a range of topics, such as wrongfulness, causation, pure economic loss, and defamation. Several of the contributions investigate the impact of the Constitution, or of certain Constitutional Court judgments, on the law of delict or a part thereof. In addition, Undoing Delict includes a previously unpublished essay in which Fagan develops a new explanation of what it means for intentional harm-causing conduct to be wrongful. Many of the views put forward in this book are controversial and their defence against contrary views is at times robust. But the aim throughout is to deepen or advance our understanding of important and interesting, and in some instances puzzling, aspects of the South African law of delict.

This book provides law enforcement officials with the essential legal knowledge and practical acumen needed for the performance of their duties.

Professor Dickson has used the conference notes of Justices Brennan, Burton, Clark, Douglas, and to a lesser degree Frankfurter and Jackson to compile a list of conference notes for more than two hundred landmark cases from 1945- 1985. He has transcribed and heavily annotated notes to make them more accessible and meaningful to readers. The project draws out some of the patterns, tendencies, and personalities of the conference and answers some of the questions long asked about the Court: Do the Justices bargain with each other for votes? How do Chief Justices manipulate the conference and control opinion assignments? Do Justices come into the conference with their minds already made up? Who takes a leadership role in conference and with which cases? Who are the crucial swing votes?

The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe: Short film portrait of the Mufti of Komotini 3D impression of the courtroom of the Sharia court of Komotini 3D impression of the street side of the Sharia court of Komotini The only Sharia court that exists in Europe is located at the eastern tip of Greece. In this travelogue of his fieldtrips to the region, professor Maurits Berger gives a unique insight into the workings of that court. His encounters with Muftis, Muslims and Christians are interspersed with background information and personal reflections on the larger issues, such as religious courts, Islamic law, Turkish-Greek politics, Islam in Europe, minorities and human rights. This book is intended for anyone who is interested in today's issues of Muslims and Islam in Europe. The book is accompanied by unique film material about the mufti of the last Sharia Court in Europe.

Public procurement law governs the acquisition of the goods and services that a state needs to fulfil its public functions. This area of law has seen tremendous development globally in recent years, and Africa is no exception. In many African countries there have been sweeping reforms in the regulatory regimes that govern public procurement. This trend shows no signs of slowing down. On the African continent, public procurement law is closely tied to pressing policy issues: from development plans to donor aid and international lending, to anti-corruption agendas and capacity challenges, to public finance management, enforceable remedies under the rule of law, and human rights. This book investigates a number of these themes to foster an understanding of public procurement law in the context of contemporary Africa. The authors of this collection, Public Procurement Regulation for 21st Century Africa, draw on their varied experience from scholarship, government, international bodies, NGOs and private practice to provide a range of perspectives that shed light on this vital field of law.

With increased international trade transactions and a corresponding increase in disputes arising from those transactions, the application of the doctrine of Forum Non Conveniens - the discretionary power of a court to decline jurisdiction based on the convenience of the parties and the interests of justice - has become extremely relevant when determining which country's court should preside over a controversy involving nationals of different countries. Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choice of Court Agreements provides an in-depth analysis of the common law doctrine of Forum Non Conveniens as it has evolved in the four major common law countries (UK, US, Canada, and Australia), and looks at the similarities and differences of the doctrine among those four countries. It compares Forum Non Conveniens to the more rigid analogous doctrine of Lis Alibi Pendens found in civil law countries, which requires automatic deference to the court where a dispute is first filed and explains current initiatives for coordinating jurisdictional issues between the common law and civil law systems, the most important of which is the 2005 Hague Convention on Choice of Court Agreements. The authors explain how the Hague Convention provides a rational approach to the confluence of common law and civil law doctrines and how its application to international transactions is likely to temper judicial application of the doctrine of Forum Non Conveniens and provides greater predictability with respect to enforcement of private party choice of court agreements.
Forum Non Conveniens: History, Global Practice, and Future Under the Hague Convention on Choiceof Court Agreements is the only book to provide a complete explanation of Forum Non Conveniens in the context of global litigation, making it a very important resource and reference work.

The Supreme Court of Namibia: Law, Procedure and Practice, written by the Deputy Chief Justice of the Supreme Court of Namibia and author of Namibia's first ever civil procedure title, covers all aspects of Namibia's apex court's procedure and practice. The Supreme Court of Namibia: Law, Procedure and Practice covers both the criminal and civil practice of Namibia's Supreme Court. The book is systematically organised, covering the background to the legal system, general principles related to civil and criminal practice and procedure, prosecution of an appeal, duties of parties to litigation, challenges experienced by courts during litigation as well as the granting of costs as a post-hearing order. The author provides practical examples of how the court's appellate, review and first instance jurisdictions are exercised.

This book discuss some fundamental changes in South African legal education. One of these changes is the introduction at first year level of a course in the basics of the law and the development of legal skills. At several universities, Roman law will be taught to students at first year level. Roman law is both foundation and basic superstructure of South African private law. This new work promotes a proper understanding of Roman legal development and is an essential study guide for students of Roman law.

The new constitutional order has brought about substantial changes to the application of property remedies in South African law. Property Remedies investigates the ways in which various property remedies have been developed by the courts. The book shows that the transformation of remedial possibilities needs to be informed by different contexts. The book argues that it is important to consider this jurisprudential challenge in developing property remedies that are suited to a new constitutional order based on a single system of law. Property Remedies covers the traditional common-law remedies used to protect property interests, such as the rei vindicatio, the actio negatoria, the mandament van spolie, the possessory action, the actio legis aquiliae, compensation for improvements, the prohibitory interdict and the declaratory order. The book also discusses constitutionally inspired property remedies such as compensation for expropriation, constitutional damages and non-expropriatory compensation for lawful state action. The book offers guidance on how to deal with the tension between preserving the existing common-law remedies, accommodating new statutory interventions and developing the current system of property remedies in line with the Constitution.

This book of friends (liber amicorum) is a tribute to Professor JC Sonnekus by colleagues and friends from Europe and South Africa to celebrate his more than 40 years in the academy and his contribution to law and its development. Authors from Belgium, the Netherlands, Germany and South Africa make contributions on the multitude of subjects and areas of jurisdiction to which professor Sonnekus contributed over the years. Subjects that are discussed, are divided under a general heading, the recognition and enforcement of judgments, prescription, uncertainty regarding common law rules and how the courts sometimes act in a law-making capacity, conditional cession and `who has the King's voice' - looking back at the convictions of the people and the legal convictions in the nineteenth century and how it could still lead to new insights. The law of delict leads to contributions on accountability of children, the law concerning liability in general and liability for an omission. The law of succession contains contributions on wills and trustees; the section on estoppel and enrichment touches on aspects of estoppel and the Turquand rule, as well as Ponzi schemes and pyramid schemes. International developments are discussed in the section on the law of marriage and family law with contributions on marriage contracts and the consequences of divorce under German law, general matrimonial property law in Europe and the influence of the Belgian constitutional court on family law. Insolvency law includes business rescue and the actio Pauliana and the law of contract contains a potpourri of contributions on the interpretation of contracts, perpetual contracts, evictions and independent warranties. The law of things (property) section contains contributions on property law and habitatio, credit security law, fragmented property, syndicated loans, servitudes and digital assets. This collection of essays concludes with two contributions on insurance law relating to self-steering and distance-steered vehicles and the sources of insurance law.

Democracy of Sound is the first book to examine music piracy in the United States from the dawn of sound recording to the rise of Napster and online file-sharing. It asks why Americans stopped thinking of copyright as a monopoly-a kind of necessary evil-and came to see intellectual property as sacrosanct and necessary for the prosperity of an "information economy." Recordings only became eligible for federal copyright in 1972, following years of struggle between pirates, musicians, songwriters, broadcasters, and record companies over the right to own sound. Beginning in the 1890s, the book follows the competing visions of Americans who proposed ways to keep obscure and noncommercial music in circulation, preserve out-of-print recordings from extinction, or simply make records more freely and cheaply available. Genteel jazz collectors swapped and copied rare records in the 1930s; radicals pitched piracy as a mortal threat to capitalism in the 1960s, while hip-hop DJs from the 1970s onwards reused and transformed sounds to create a freer and less regulated market for mixtapes. Each challenged the idea that sound could be owned by anyone. The conflict led to the contemporary stalemate between those who believe that "information wants to be free" and those who insist that economic prosperity depends on protecting intellectual property. The saga of piracy also shows how the dubbers, bootleggers, and tape traders forged new social networks that ultimately gave rise to the social media of the twenty first century. Democracy of Sound is a colorful story of people making law, resisting law, and imagining how law might shape the future of music, from the Victrola and pianola to iTunes and BitTorrent.

This study examines the ways in which the law of tort provides protection against injury to financial assets such as money, property, and contracts. In the past twenty-five years or so there has been much debate and litigation concerned with the extent to which the law of tort should be involved in compensating for economic loss caused by negligent conduct. Many believe that the primary role of tort law is to provide a system of compensation for death and personal injury and that it has, at most, only a marginal part to play in protecting economic interests. This book is an attempt to examine the whole of tort law in terms of the protection of financial assets and of people's interest in creating and preserving wealth. It discusses the concepts and principles which tort law utilizes to this end, and the relationship between tort law and other legal techniques of providing such protection. It focuses primarily on the kinds of financial interests the law of tort protects and on the sort of protection it provides. This approach allows a fresh examination of functions of tort law and of the justifications, both social and doctrinal, for the imposition of tort liability so far as it is concerned with the protection of wealth.

The recent introduction of the Consumer Protection Act revolutionised consumer rights in South Africa. Along with that, it also fundamentally altered the way in which businesses are required to treat their clients, imposing a new set of obligations – or at least a formalised set of responsibilities – that had been easily circumnavigated or simply ignored before. Marketing campaigns, returns policies, contracts, quality issues, and a host of business practices had to be reviewed and reappraised. Some businesses have done this, while many blithely continue as if nothing has changed, little appreciating the risks of non-compliance and – perhaps more importantly – failing to appreciate that treating consumers fairly is simply a sound business practice. This new work provides a comprehensive overview of consumer law – not just the Act – in a way that follows the typical chain of consumer transactions. It serves to guide, educate and enlighten the professional, the business person and the consumer alike. No business or professional adviser should be without it. Written by a leading specialist in the field, it is simple, clear, comprehensive, authoritative and accessible.

Climate change will have a bigger impact on humanity than the Internet has had. The last decade's spate of superstorms, wildfires, heat waves, and droughts has accelerated the public discourse on this topic and lent credence to climatologist Lonnie Thomson's 2010 statement that climate change "represents a clear and present danger to civilization." In June 2015, the Pope declared that action on climate change is a moral issue. This book offers the most up-to-date examination of climate change's foundational science, its implications for our future, and the core clean energy solutions. Alongside detailed but highly accessible descriptions of what is causing climate change, this entry in the What Everyone Needs to Know series answers questions about the practical implications of this growing force on our world: * How will climate change impact you and your family in the coming decades? * What are the future implications for owners of coastal property? * Should you plan on retiring in South Florida or the U.S. Southwest or Southern Europe? * What occupations and fields of study will be most in demand in a globally warmed world? * What impact will climate change have on investments and the global economy? As the world struggles to stem climate change and its effects, everyone will become a part of this story of the century. Here is what you need to know.

An important and timely contribution to rapidly growing competition law in South Africa, this study meets the need for critical evaluation of the developments in the field since the Competition Act came into force in 1999. Chapters cover vital questions ranging from broad policy considerations to technical issues in the main areas of competition evaluation, namely merger assessment, abuse-of-dominance enforcement, and the detection and prosecution of cartels. The book reflects on the maturing South African competition law regime and discusses a framework for promotion competition in electronic communications; vertical arithmetic and its application in vertical mergers; price discrimination in input markets; the empirical differences between collusion, parallelism, and competition; and the role of information exchange in facilitating collusion.

Black Natural Law offers a new way of understanding the African American political tradition. Iconoclastically attacking left (including James Baldwin and Audre Lorde), right (including Clarence Thomas and Ben Carson), and center (Barack Obama), Vincent William Lloyd charges that many Black leaders today embrace secular, white modes of political engagement, abandoning the deep connections between religious, philosophical, and political ideas that once animated Black politics. By telling the stories of Frederick Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King, Jr., Lloyd shows how appeals to a higher law, or God's law, have long fueled Black political engagement. Such appeals do not seek to implement divine directives on earth; rather, they pose a challenge to the wisdom of the world, and they mobilize communities for collective action. Black natural law is deeply democratic: while charismatic leaders may provide the occasion for reflection and mobilization, all are capable of discerning the higher law using our human capacities for reason and emotion. At a time when continuing racial injustice poses a deep moral challenge, the most powerful intellectual resources in the struggle for justice have been abandoned. Black Natural Law recovers a rich tradition, and it examines just how this tradition was forgotten. A Black intellectual class emerged that was disconnected from social movement organizing and beholden to white interests. Appeals to higher law became politically impotent: overly rational or overly sentimental. Recovering the Black natural law tradition provides a powerful resource for confronting police violence, mass incarceration, and today's gross racial inequities. Black Natural Law will change the way we understand natural law, a topic central to the Western ethical and political tradition. While drawing particularly on African American resources, Black Natural Law speaks to all who seek politics animated by justice.

At a time of unprecedented growth in arbitrations between investors and States over energy resources, International Energy Investment Law: The Pursuit of Stability examines and assesses the variety of contract- and treaty-based instruments in commercial and international law that strive to protect the respective interests of investors and States in the international energy industry. It covers most forms of energy, especially oil and gas, and considers issues arising from energy network operation including transit. It pays particular attention to their practical impact through an analysis of their enforcement by arbitration tribunals and bodies, such as ICSID, the ICC and the LCIA. The book also examines growing challenges presented by environmental and human rights concerns to the stability of long-term agreements.
Investors in the international energy industry have long sought to secure guarantees from host States to mitigate the risk of unilateral revision of the deal at a future date. In recent years the traditional method of securing such guarantees has been supplemented by an unprecedented growth of international investment law in the form of BITs, MITs and other treaty-based instruments. Many States have also introduced guarantees into their domestic legislation. This 'multi-tier' regime of stability has fundamentally altered the legal framework for energy investors and host States and offers extensive scope for international arbitration in the event of disputes. It is a system that is currently being tested in a number of high-value commercial disputes as a result of a wave of unilateral State action, most evidently in Latin America and East Europe. The protections for investors are being tested as arbitrators develop new notions of 'legitimate expectations' and give content to 'fair and equitable treatment', while mapping out more precisely the duties which investors have to host States. This book examines critically the interaction between contract and treaty forms of stability in the new multi-tier setting, including two highly detailed regional case studies of Latin America and East Europe. In its concluding section, it looks forward to new challenges arising from climate change, human rights and environmental issues.

This book analyses the fundamental aspects of the Constitution of the United States of America, which has proven to be a reality in motion and with an 'exceptional' capacity to adapt to the rapid and profound changes that have occurred in over two centuries in American society and economy. The book aims to better understand how the constitutional text has evolved up to our times. The 27 amendments to the Constitution, the interpretation of the Supreme Court and the particular political system have ensured that the constitutional system has not undergone major institutional upheavals. Thanks to the contribution of the many authors, the book offers valuable insights into a constitutional system that still reveals an extraordinary relevance. This can be considered an added value to studies in the field of comparative law.