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Books > Law
"A masterly work of military and judicial history." -New York
Times. Telford Taylor's book is a defining piece of World War II
literature, an engrossing and reflective eyewitness account of one
of the most significant events of our century. In 1945, the Allied
nations agreed on a judicial process, rather than summary
execution, to determine the fate of the Nazis following the end of
World War II. Held in Nuremberg, the ceremonial birthplace of the
Nazi Party, the British, American, French, and Soviet leaders
contributed both judges and prosecutors to the series of trials
that would prosecute some of the most prominent politicians,
military leaders and businessmen in Nazi Germany. This is the
definitive history of the Nuremberg crimes trials by one of the key
participants, Telford Taylor, the distinguished lawyer who was a
member of the American prosecution staff and eventually became
chief counsel. In vivid detail, Taylor portrays the unfolding
events as he "saw, heard, and otherwise sensed them at the time,
and not as a detached historian working from the documents might
picture them." Table of Contents: 1 Nuremberg and the Laws of War 2
The Nuremberg Ideas 3 Justice Jackson Takes Over 4 Establishing the
Court: The London Charter 5 The Defendants and the Charges: Krupp
and the German General Staff 6 Berlin to Nuremberg 7 Nuremberg:
Pretrial Pains and Problems 8 On Trial 9 The Nuremberg War Crimes
Community 10 The SS and the General Staff-High Command 11
Individual Defendants, Future Trials, and Criminal Organizations 12
The French and Soviet Prosecutions 13 The Defendants: Goering and
Hess 14 The Defendants: "Murderers' Row" 15 The Defendants: Bankers
and Admirals 16 The Defendants: The Last Nine 17 The Closing
Arguments 18 The Indicted Organizations 19 The Defendants' Last
Words 20 The Judgments of Solomons 21 Judgment: Law, Crime, and
Punishment Taylor describes personal vendettas among the Allied
representatives and the negotiations that preceded the handing down
of sentences. The revelations have not lost their power over the
decades: The chamber is reduced to silence when an SS officer
recounts impassively that his troops rounded up and killed 90,000
Jews, and panic overcomes the head of the German State Bank as it
becomes clear that he knew his institution was receiving jewels and
other valuables taken from the bodies of concentration camp
inmates.
In The Arizona State Constitution, John D. Leshy provides a
comprehensive history of Arizona's constitutional development.
Adopted at the height of the progressive movement, the Constitution
contains many progressive innovations. Leshy describes these along
with the dramatic changes the state has undergone in subsequent
decades. He also includes a section-by-section commentary which
crisply discusses the evolution and interpretation of each section,
including significant court decisions. Thoroughly updated to
reflect amendments and court cases through the fall of 2012, the
second edition of The Arizona State Constitution is an essential
reference guide for readers who seek a rich account of Arizona's
constitutional evolution.
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.
This timely book is a comprehensive analysis of incomplete
International Investment Agreements (IIAs), featuring insights from
negotiating experiences in a number of bilateral and multilateral
investment treaties. It examines problems, causes, and solutions
surrounding this phenomenon by employing incomplete contract theory
and opens new avenues in discussing how to correct incomplete IIAs.
Throughout the book, the author challenges the fundamental
assumption that most IIAs are concluded in a complete manner and
emphasizes the importance of accounting for the fact that IIAs are
often concluded without significant investment protection articles
and are subject to renegotiation. Park applies various
interdisciplinary approaches, including incomplete contract theory
and development theory, to illustrate how countries easily postpone
their treaty negotiations and are willing to renegotiate to remedy
incomplete IIAs. Furthermore, he depicts the reality of treaty
negotiation in recent years, helping readers to understand how
countries are failing to negotiate complete IIAs and how utilizing
an economics approach could analyse and resolve this issue.
Offering a useful and practical contribution to the discussion on
the resolution of incomplete IIAs, this book will be key reading
for academics and researchers within the fields of commercial law,
international economic law, trade law and international investment
law. It is also a must-read book for both government officers and
investment treaty lawyers in all countries involved with Free Trade
Agreements.
Supervision of Local Government discusses the role of national and
provincial governments in supervising the functions of local
government. The book analyses the legal status of local government,
which is entrenched and protected by the Constitution, and examines
the powers of the national and provincial governments to supervise
local government. Supervision of Local Government explores
international practices in the supervision of local government and
investigates general trends in the supervision of selected
municipalities in South Africa. Shortcomings, inconsistencies and
irregularities in the supervision of local government are
identified. The book discusses the concept of `supervision' as it
relates to local government in its broad sense, which includes
monitoring, intervening in and supporting local government.
Supervision of Local Government also explores the manifestation of
the principles of cooperative government and subsidiarity in the
supervision of local government by national and provincial
governments. Cooperative government requires that the other spheres
of government intervene in local government to assist
municipalities in managing their own affairs, while the principle
of subsidiarity requires that services should be rendered at the
lowest possible level of government. Thus, the national and
provincial spheres have a duty to support the local sphere of
government in fulfilling this duty and this duty is analysed in the
book.
This collection aims not only at honouring Lourens du Plessis in the traditional Festschrift style, but also to engage with his thinking, critically or otherwise, and to reflect on how his thinking can be applied to different areas of the law.
This textbook provides a compelling and structured introduction to
international environmental law in the Text, Cases and Materials
genre. The book uses extracts from a judiciously selected range of
legal instruments and case law relevant to the protection and
regulation of the environment in international law, alongside
commentary from the author team and questions for class discussion,
to facilitate student understanding and encourage engagement in the
topic. Divided into four main parts, it examines the main
principles of international environmental law, the key areas of
substantive environmental regulation, the implementation of
environmental law and the relations between environmental law and
other areas of international law. Key Features: Provides concise
introductions to each topic of environmental law Discussion
questions and further reading sections guide students in applying
their understanding Familiarises students with the key legal
materials, treaties and case law relating to international
environmental law Covers a wide variety of topics, including
sustainable development, protection of the marine environment,
atmospheric protection and responsibility and liability for
environmental damage By introducing and highlighting the most
important instruments and cases of international environmental law,
this textbook seeks to provide environmental law students and
non-specialists with a rich and full understanding of the topic.
The oil and gas industry's wide international exposure and
constantly changing landscape leave it particularly vulnerable to
disputes. As this practical book demonstrates, the risks associated
with disputes can be mitigated by parties utilising governing law
and dispute resolution clauses in contractual agreements within the
sector. Examining a global range of jurisdictions, the book offers
clear guidance on the most appropriate choice of law and choice of
dispute resolution forum for oil and gas contracts, analysing the
key issues and defining the legal contours involved. Key Features:
Insightful contributions from over 40 leading practitioners and
expert legal scholars Examination of domestic and international
case law, with analysis of the local laws of 24 jurisdictions
globally Consideration of the future of disputes in the oil and gas
industry by tracking the evolution and latest trends of the global
energy market Examination of the dispute resolution mechanisms used
to mitigate disputes, with a focus on international arbitration as
a forum for dispute resolution Discussions of a range of operations
in the oil and gas industry, including upstream, midstream and
downstream projects, and the various contracts that exist within
these Featuring a comparative and practice-oriented perspective,
this highly informative book will prove an essential resource for
practitioners advising parties concerning contractual agreements in
the oil and gas sector, as well as a valuable reference point for
scholars of energy law and arbitration.
This concise primer offers an introduction to U.S. law from a
comparative perspective, explaining not only the main features of
American law and legal culture, but also how and why it differs
from that of other countries. Gerrit De Geest initially focuses on
the core characteristics of American law, such as the predominance
of judge-made law, the significance of state law and the vital role
that juries play in the legal process. De Geest then moves on to
provide a succinct analysis of U.S. legal culture, before
summarizing the principal differences in law and legal cultures
around the world. Key features include: A thorough introduction to
the main elements of U.S. law for international students A concise,
accessible style illustrated with lively anecdotes and discussion
of relevant foundational cases Explanation of the historical and
cultural roots of law in the U.S. and other countries to provide
context for differences. Students beginning LLM programs in the
U.S., in particular international students, will find this primer
invaluable reading. It will also be of interest to pre-law and
comparative law students.
Providing a thorough legal analysis of money in all its aspects,
Mann on the Legal Aspect of Money has been the leading text on the
private and public law of money ever since the publication of the
first edition in 1939. This latest edition considers issues that
arose in the course of the financial crisis, including the legal
aspects of the Greek financial crisis, the implications of
quantitative easing and the "lender of last resort" function of the
central bank. Additionally, there is a new chapter on payment
processes following the Payment Services Directive and legislation
designed to reinforce legal arrangements in the context of payment
systems. In a private law context, the book deals with the nature
of money and its use in the payment of private debts and the right
to interest and damages in the event of a delay in the payment of a
monetary obligation. It also addresses the implications of money
laundering regulations, sanctions and similar legislation in the
context of monetary obligations. From a public law perspective, it
explores the legal consequences of inflation and the erosion of
monetary value as well as the structure of national monetary
systems, including monetary pegs, currency boards and
dollarization. In an international law context, the legal
implications of monetary associations are considered including
economic and monetary union in Europe. The text also considers the
legal implications of fluctuating exchange rates and international
obligations in relation to the national currency (e.g. exchange
rate manipulation and discriminatory monetary practices). The
seventh edition of Mann gives an up-to-date and detailed discussion
of current matters, whilst continuing to provide an in-depth
analysis on all aspects of monetary law in a single reference
source.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
This handbook is a concise guide for all those who aim at obtaining
a basic knowledge of European tax law. Designed for students, it
should also be useful for experienced international tax specialists
with little knowledge of European law, European law specialists who
are reluctant to approach the technicalities of direct taxation and
non-Europeans who deal with Europe for business or academic reasons
and need to understand the foundations of European tax law. This
book should also help academics without a legal background to
approach the technical issues raised by European Union tax law.
This edition contains selected relevant information available as of
30 June 2022. It retains all of the features and tools contained in
the previous editions (including the final charts, which our
readers very much appreciate). In this edition we have also
included a list of relevant documents and a selection of reference
textbooks on European tax law in five languages, which we found of
potential interest to our readers.
In Antitrust Law and Intellectual Property Rights: Cases and
Materials, Christopher R. Leslie describes how patents, copyrights,
and trademarks confer exclusionary rights on their owners, and how
firms sometimes exercise this exclusionary power in ways that
exceed the legitimate bounds of their intellectual property rights.
Leslie explains that while substantive intellectual property law
defines the scope of the exclusionary rights, antitrust law often
provides the most important consequences when owners of
intellectual property misuse their rights in a way that harms
consumers or illegitimately excludes competitors. Antitrust law
defines the limits of what intellectual property owners can do with
their IP rights. In this book, Leslie explores what conduct firms
can and cannot engage in while acquiring and exploiting their
intellectual property rights, and surveys those aspects of
antitrust law that are necessary for both antitrust practitioners
and intellectual property attorneys to understand. This book is
ideal for an advanced antitrust course in a JD program. In addition
to building on basic antitrust concepts, it fills in a gap that is
often missing in basic antitrust courses yet critical for an
intellectual property lawyer: the intersection of intellectual
property and antitrust law. The relationship between intellectual
property and antitrust is particularly valuable as an increasing
number of law schools offer specializations and LLMs in
intellectual property. This book also provides meaningful material
for both undergraduate and graduate business schools programs
because it explains how antitrust law limits the marshalling of
intellectual property rights.
Contract as Promise is a study of the philosophical foundations of
contract law in which Professor Fried effectively answers some of
the most common assumptions about contract law and strongly
proposes a moral basis for it while defending the classical theory
of contract. This book provides two purposes regarding the complex
legal institution of the contract. The first is the theoretical
purpose to demonstrate how contract law can be traced to and is
determined by a small number of basic moral principles. At the
theory level the author shows that contract law does have an
underlying, and unifying structure. The second is a pedagogic
purpose to provide for students the underlying structure of
contract law. At this level of doctrinal exposition the author
shows that structure can be referred to moral principles. Together
the two purposes support each other in an effective and
comprehensive study of contract law. This second edition retains
the original text, and includes a new Preface. It also includes a
substantial new essay entitled Contract as Promise in the Light of
Subsequent Scholarship-Especially Law and Economics which serves as
a retrospective of the work accomplished in the last thirty years,
while responding to present and future work in the field.
This book contains tributes to Professor Johann Neethling, as well as essays on areas of the law in which he worked.
The essays in this volume disseminate original research by recognised scholars on a wide array of disciplines in which Professor Neethling has an interest.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business, and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. Providing a comprehensive overview of the body of law that
regulates the insurance business, this Advanced Introduction
evaluates the governing principles, policies, values, and purposes
of insurance legislation and related judicial doctrines. It
examines the ways in which the industry's origins help us
understand its present shape, and how insurance connects to major
public policy issues that will shape the world for future
generations. Key Features: Introduces the fundamental rules and
principles of insurance law Explores how these rules and principles
intersect with important issues of public policy Discusses how
insurance law shapes public choices in the modern world Examines
the interactions between insurers and the people who purchase their
products Proposes avenues for further research relating to
fortuity, indemnity, misrepresentation and breach of warranty,
settlement obligations, and risk classification Providing an
enlightening overview of insurance law in context, this Advanced
Introduction will be crucial reading for students, scholars, and
practitioners in business law, insurance law, and risk management.
From Louis Brandeis to Robert Bork to Clarence Thomas, the
nomination of federal judges has generated intense political
conflict. With the coming retirement of one or more Supreme Court
Justices--and threats to filibuster lower court judges--the
selection process is likely to be, once again, the center of
red-hot partisan debate.
In Advice and Consent, two leading legal scholars, Lee Epstein and
Jeffrey A. Segal, offer a brief, illuminating Baedeker to this
highly important procedure, discussing everything from
constitutional background, to crucial differences in the nomination
of judges and justices, to the role of the Judiciary Committee in
vetting nominees. Epstein and Segal shed light on the role played
by the media, by the American Bar Association, and by special
interest groups (whose efforts helped defeat Judge Bork). Though it
is often assumed that political clashes over nominees are a new
phenomenon, the authors argue that the appointment of justices and
judges has always been a highly contentious process--one largely
driven by ideological and partisan concerns. The reader discovers
how presidents and the senate have tried to remake the bench,
ranging from FDR's controversial "court packing" scheme to the
Senate's creation in 1978 of 35 new appellate and 117 district
court judgeships, allowing the Democrats to shape the judiciary for
years. The authors conclude with possible "reforms," from the
so-called nuclear option, whereby a majority of the Senate could
vote to prohibit filibusters, to the even more dramatic suggestion
that Congress eliminate a judge's life tenure either by term limits
or compulsory retirement.
With key appointments looming on the horizon, Adviceand Consent
provides everything concerned citizens need to know to understand
the partisan rows that surround the judicial nominating process.
An introduction to Family Law in Zambia is an instrumental addition to the texts on Family Law in Zambia, it discusses key legislative reforms including the Children’s Code Act, the Anti-Gender Based Violence Act, the Matrimonial Causes Act of Zambia and the Marriage (Amendment) Act of Zambia. The book further discusses key Supreme Court decisions that have immensely transformed the field of family law. An introduction to Family Law in Zambia thus provides a comprehensive, up-to-date and reliable guide for students and law practitioners.
The book is designed to equip undergraduate students and students preparing for the legal practitioner’s qualifying exam with necessary knowledge required for family law practice. The book incorporates chapter summaries and provides a guide on approaching questions on family law to reinforce student learning
The Washington State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. In addition to an overview of Washington's constitutional
history that focuses on the document's 19th century populist roots,
it provides an in-depth, section-by-section analysis of the entire
constitution, detailing the many significant changes made since its
initial drafting. This treatment, along with a table of cases,
index, and bibliography, provides an unsurpassed reference guide
for lawyers, judges, scholars, and members of the general public.
The second edition of The Washington State Constitution has been
significantly expanded to detail the impact of the late nineteenth
century Populist movement on both the structure and content of
Washington's 1889 constitution. The book includes current and
important developments in the theory of state constitutional
interpretation in Washington State, describes the significant
expansion, over the past decade, in the Washington Supreme Court's
independent reliance on the state's constitution rather than the
federal constitution in many constitutional doctrines, particularly
those related to individual rights. The title also includes
up-to-date analysis of significant developments in a number of
areas, including the rights of criminal defendants; personal
freedoms of speech, religion and privacy; powers and constraints on
the state legislature and the governor; the initiative, referendum
and recall; and the application of Washington's unique public
education clause.
The Washington State Constitution was cited in the following
notable cases:
- League of Educ. Voters v. State, ____ Wn.2d ____, 295 P.3d 743,
758-59 (2013.) (both majority and dissent)
- In re Bond Issuance of Greater Wenatchee Regional Events Center
Public Facilities, 175 Wash.2d 788,813, 816, 287 P.3d 567, 580
(2012) (dissent)
- Bellevue School Dist. v. E.S., 171 Wash.2d 695, 717, 257 P.3d
570, 581 (2011)
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.
When International Law Works stands to change the way states and
scholars look at this contentious topic. In this seminal work,
Professor Tai-Heng Cheng addresses the current international law
debates and transcends them. Responding to influential statements
on international law by such scholars as Goldsmith, Posner,
O'Connell, and Guzman, Cheng presents a new framework that
decisionmakers should consider when they confront an international
problem that implicates the often competing policies and interests
of their own communities and global order. Instead of advocating
for or against international law as legitimate or binding, as many
commentators do, Cheng adknowledges both its shortcomings while
presenting a practical means of deciding whether compliance in a
given circumstance is beneficial, moral, or necessary. In this
manner Cheng shows how it is possible for decisionmakers to take
international law and its limitations seriously without actually
needing to determine whether or not international law is "law." To
demonstrate how his new proposal for approaching international law
would work in a real crisis, Cheng provides numerous case studies
from contemporary history that test his theory. Ranging topically
from the current global economic crisis to the West's war on
Islamist terrorism, these detailed and demonstrative case studies
set this book apart from similar works of international legal
scholarship. By combining theory with practice, When International
Law Works gives lawyers, judges, policymakers, academics and
students 'real world' guidance on how to face new global problems.
In doing so, this new book challenges readers to rethink the role
of law in an increasingly crisis-driven world.
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