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Part of the Quantum of Damages series, the Quick Guide provides researchers with a compact guide aimed at quickly and easily categorising injuries and determining comparative quantum awards handed down in both the courts and in selected arbitrations. Content:
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.
Volume 114 of Terrorism: Commentary on Security Documents, European Responses to Terrorist Radicalization, approaches the subject as it has been identified and addressed by the United Kingdom, the Netherlands, and Germany. The introduction to this provides background information on terrorist incidents, and evaluates the evolution of policy on radicalization. It also contains an analysis of radicalization generated by the Organization of Security and Cooperation in Europe, providing insight into trans-European cooperation efforts relating to counter-radicalization policy in Europe.
The relevance of lawyers and jurists in the process of state-building in nineteenth-century Latin America has been widely acknowledged. This collection of essays assembles a series of studies dealing with the interaction between the legal world and the wider political, economic, social and cultural processes in which the transition from colonial status to independent nationhood took place. Rather than viewing this transition as a radical transformation of judicial institutions and practices, emphasis has been put upon the continuities between those two phases. The chapters range from general overviews of both colonial and republican Spanish America to more detailed case studies of Mexico, Brazil and Argentina. contributors include: Linda Arnold, Virginia Tech; Osvaldo Barreneche, Universidad Nacional de la Plata, Argentina; Charles R. Cutter, Purdue University; Thomas H. Holloway, Cornell University; Victor M. Uribe, Florida International University.
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.
For much of history, the rules of war decreed that "to the victor
go the spoils." The winners in warfare routinely seized for
themselves the artistic and cultural treasures of the defeated;
plunder constituted a marker of triumph. By the twentieth century,
international norms declared the opposite, that cultural monuments
should be shielded from destruction or seizure. Prohibiting Plunder
traces and explains the emergence of international rules against
wartime looting of cultural treasures, and explores how
anti-plunder norms have developed over the past 200 years. The book
covers highly topical events including the looting of thousands of
antiquities from the Iraqi National Museum in Baghdad, and the
return of "Holocaust Art" by prominent museums, including the
highly publicized return of five Klimt paintings from the Austrian
Gallery to a Holocaust survivor.
Three years after its establishment the CEFL presents its first Principles of European Family Law in the field of divorce and maintenance between former spouses. The Principles aim to bestow the most suitable means for the harmonisation of family laws in Europe. In this respect they may serve as a frame of reference for national, European and international legislatures alike. The Principles could considerably facilitate their task not only by virtue of the fact that the CEFL's in-depth and comprehensive comparative research is easily accesible but also because most of the rules have been drafted in a way legislatures normally consider to be appropriate.
For more than a decade, American lawyers have bewailed the ethical
crisis in their profession, wringing their hands about its bad
image. But their response has been limited to spending money on
public relations, mandating education, and endlessly revising
ethical rules. In this book, Richard Abel will argue that these
measures will do little or nothing to solve the problems
illustrated by the six disciplinary case studies featured in this
book unless the legal monopoly enjoyed by attorneys in the U.S. is
drastically contracted.
The first time Ravi Shankar was arrested, he spoke out against racist policing on National Public Radio and successfully sued the city of New York. The second time, he was incarcerated when his promotion to full professor was finalized. During his ninety-day pretrial confinement at the Hartford Correctional Center--a level 4, high-security urban jail in Connecticut--he met men who shared harrowing and heart-felt stories. The experience taught him about the persistence of structural racism, the limitations of mass media, and the pervasive traumas of twenty-first-century daily life. Shankar's bold and complex self-portrait--and portrait of America--challenges us to rethink our complicity in the criminal justice system and mental health policies that perpetuate inequity and harm. Correctional dives into the inner workings of his mind and heart, framing his unexpected encounters with law and order through the lenses of race, class, privilege, and his bicultural upbringing as the first and only son of South Indian immigrants. Vignettes from his early life set the scene for his spectacular fall and subsequent struggle to come to terms with his own demons. Many of them, it turns out, are also our own.
Regulation has become a key form of state activity and an area of burgeoning academic concern, both in Public Law and Economics. This collection makes available to the reader a number of indispensable readings. The text considers the central topics of regulation and looks to theory as well as practice, enforcement as well as rule-making, and supra-national as well as domestic concerns. Particular attention is paid to the ways that regulatory developments can be explained, the choices of technique that confront regulators and the varieties of regulatory style that are encountered within and between different regimes. The introductory essay considers the maturation of regulation both as a practice and as a discipline. it examines regulation as a topic for study, reviews major developments in regulation and outlines central themes. This book is intended as a resource for upper-level undergraduate students and teachers of regulation as part of degree courses in law, economics, business, public policy and politics, but also for those involved in or subject to regulation on a daily basis.
Consolidated Treaties of International Agreements is the only up-to-date publication available that offers the full-text coverage of all new treaties and international agreements to which the United States is a party. Treaties that have been formally ratified but not officially published, as well as those pending ratification, are included to guarantee the most comprehensive treaty information available. Executive agreements that have been made available by the Department of State in the previous year are also included. A unique and thorough indexing system, with indices appearing in each volume, allows quick and easy access to treaties.
The present volume contains three essays, 'Of Sexual Irregularities', 'Sextus', and 'General Idea of Not Paul, but Jesus', written in the mid-1810s but never before been published in authoritative form. Bentham presents the utilitarian case for sexual liberty on the grounds that the gratification of the sexual appetite constituted the purest form of pleasure, in opposition to the traditional Christian view that the only morally acceptable form of sexual activity was between one man and one woman, within the confines of marriage, for the purpose of procreation. Bentham offers classical Greece and Rome, where certain male same-sex relationships were regarded as normal, as alternative models of sexual morality, condemns the hostile portrayal of homosexuals in eighteenth-century literature, and calls for the removal of sanctions, whether imposed by religion, law, or public opinion, from all forms of consensual sexual activity, at least in so far as practised in private. Bentham was, moreover, persuaded by Malthus's argument that population growth tended to outstrip food supply. In these circumstances, non-procreative sexual activity had the additional benefit of not contributing to an increase in the size of the population. In the course of his discussion, Bentham expresses forthright views on various aspects of sexuality.
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.
Although the protection of individuals' interests against administrative actions is still primarily the domain of the judiciary, most legal systems nowadays also assign this task to ombudsmen. This can potentially lead to tension between the two institutions and can affect their relations, and therefore needs coordination. This book investigates whether relations between the judiciary and ombudsmen exist at all, how their respective tasks and competences influence one another and how they are coordinated. It contains a comprehensive and comparative study on the coordination of the relations between ombudsmen and the judiciary in three considerably different legal systems, namely the Netherlands, England and the European Union. The author identifies three levels of possible coordination: institutional coordination, case coordination and normative coordination. He explores and compares the statutory rules, the case law of the judiciary and ombudsprudence. In addition, he draws from experiences shared through interviews with ombudsmen, judges and employees of ombudsman offices. In doing so, he demonstrates that several improvements to the ombudsmen-judiciary relations are required
With Economic and Monetary Union, the European Union has embarked on one of the biggest projects in its history. Previous literature has focused on how EMU came into being and on the policy issues that it raises. This text seeks to move the discussion forwards by offering a systematic evaluation of how it is affecting EU states, both members and non-members of the Euro-Zone. It explicitly situates EMU in the growing literature on Europeanization. It examines the effects on public policies, political structures, discourses, and identities. The book seeks to identify the scope of EMU's effects, the direction that it imparts to political and policy changes, the mechanisms by which it produces its effects, and the role of domestic institutions, political leadership and specific forms of discourse in shaping responses. In addition, the book assesses how, and with what effects, EMU is affecting key policy sectorslabour markets and wages, welfare states, and financial market governance.
The Optional Protocol to the UN Convention Against Torture (OPCAT)
establishes an independent international monitoring committee (SPT)
which itself will visit states and places where persons are
deprived of their liberty. It also requires states to set up
independent national bodies to visit places of detention. This
book, drawing upon events held and interviews with governments,
civil society, members of UN treaty bodies, national visiting
bodies and others, identifies key factors that have shaped the
operation of these visiting bodies since OPCAT came into force in
2006. It looks in detail at the background to the adoption of the
Protocol, as well as how the international committee, the SPT, has
carried out its mandate in its first few years. It examines the
range of places of detention that could be visited by these bodies,
and the expectations placed on the national visiting bodies
themselves.
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.
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.
Volume 111 of Terrorism: Commentary on Security Documents, Discerning President Obama's National Security Strategy, makes available documents from the first fifteen months of the Obama administration that provide insights into its developing national security strategy. Included are documents that include detailed intelligence estimates and strategies as well as documents that outline important lessons regarding stability and reconstruction in Iraq. Additional documents provide valuable insight into the Obama Administration's Afghanistan and Pakistan Strategy. General Editor Douglas Lovelace, an expert in U.S. military matters, elucidates the complexities of military spending and of counter-insurgency tactics.
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.
What is arbitration? This volume provides a novel theoretical
examination of the concept of arbitration, attempting to answer
fundamental questions which have rarely been addressed
systematically in English. It explores the place of arbitration in
the legal process, offering a challenging, yet accessible overview
of the field and its theoretical underpinnings and contending that
arbitration is important enough to be understood in its own terms,
as a sui generis feature of social life.
Written by the recognised world authority on the subject, this title remains the definitive work on British nationality law. Includes the following updates: - Changes to primary legislation as regards deprivation of citizenship and registration as a British citizen; - Changes to secondary legislation including Nationality Instructions being replaced by the Nationality Guidance, and the Immigration Rules which now contain provisions for a Statelessness Determination Procedure; - Updated case law surrounding statelessness and possession of nationality - European Union citizenship, international standards and principles of nationality law, both in the European region and globally.
This collection of original essays, by some of the best known contemporary criminal law theorists, tackles a range of issues about the criminal law's 'special part' - the part of the criminal law that defines specific offences. One of its aims is to show the importance, for theory as well as for practice, of focusing on the special part as well as on the general part which usually receives much more theoretical attention. Some of the issues covered concern the proper scope of the criminal law, for example how far should it include offences of possession, or endangerment? If it should punish only wrongful conduct, how can it justly include so-called 'mala prohibita', which are often said to involve conduct that is not wrongful prior to its legal prohibition? Other issues concern the ways in which crimes should be classified. Can we make plausible sense, for instance, of the orthodox distinction between crimes of basic and general intent? Should domestic violence be defined as a distinct offence, distinguished from other kinds of personal violence? Also examined are the ways in which specific offences should be defined, to what extent those definitions should identify distinctive types of wrongs, and the light that such definitional questions throw on the grounds and structures of criminal liability. Such issues are discussed in relation not only to such crimes as murder, rape, theft and other property offences, but also in relation to offences such as bribery, endangerment and possession that have not traditionally been subjects for in depth theoretical analysis. |
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