The U.S. Supreme Court is a public policy battleground in which organized interests attempt to etch their economic, legal, and political preferences into law through the filing of amicus curiae ("friend of the court") briefs. In Friends of the Supreme Court: Interest Groups and Judicial Decision Making, Paul M. Collins, Jr. explores how organized interests influence the justices' decision making, including how the justices vote and whether they choose to author concurrences and dissents. Collins presents theories of judicial choice derived from disciplines as diverse as law, marketing, political science, and social psychology. This theoretically rich and empirically rigorous treatment of decision-making on the nation's highest court, which represents the most comprehensive examination ever undertaken of the influence of U.S. Supreme Court amicus briefs, provides clear evidence that interest groups play a significant role in shaping the justices' choices.

Learn the skills it takes to succeed as a law graduate with this essential text. Letters to a Law Student, 5th edition, Global Edition by Nicholas J McBride, provides a thorough introductory guide to higher education and learning context for law studies. Voted in the top 6 books that future law students should read, it is an approachable and easy-to-follow guidebook. The text flows as a series of letters between a lecturer and aspiring student, divided into chronological parts from thinking about a law degree to preparing to study law, studying law, writing like a lawyer, and thinking about the future. McBride adds practical advice throughout the book, supporting your transition from school to studying law as a first-year undergraduate. The 5th edition helps to build confidence and encourages the essential study and legal skills you will need to succeed. Packed with new and revised material, Letters to a law student remains a current and helpful reference. This text is a great companion for general law modules on skills, legal system, jurisprudence and law, government, and society to keep you thinking critically, analysing and understanding the law.

With an interdisciplinary approach, this book elaborates and discusses the strategic, regulatory and economic scenario that the sponsorship of a European Digital Single Market has been generating for small- and medium-sized companies (SMEs). Encompassing expert innovative analysis of the regulatory framework, economic dynamics and organizational processes, SMEs in the Digital Era highlights the effects these have and the complex process through which SMEs can enter and successfully compete in the digital market. With contributions from international scholars, this insightful book takes a deep dive into the current most relevant debates taking place in management, economics and business law using original evidence from a variety of fields and countries. Chapters offer a fresh look at the new policies and regulatory tools required to meet the challenges of digitalization, reflecting on the effects on employment, competition and organizational processes, and how imbalances can impact the future of the technological revolution. Providing insights into the most advanced and recent research on digital markets, this will be an excellent resource for academics, practitioners, managers and policymakers in fields ranging from organization theory and organizational behaviour to strategy, economic analysis as well as economics and business law.

This incisive book tackles a controversy that has plagued the Warsaw Convention 1929 and the Montreal Convention 1999 for decades: whether the conventions provide an independent cause of action upon which a plaintiff can rely directly when pleading their action, and, if so, whether that cause of action provides the exclusive remedy. This book resolves this controversy by presenting a new conceptual framework for understanding aviation law cause of action in the conventions. Written in a scholarly yet engaging style, this insightful book reveals foundational concepts for the conventions' regimes, from the legal relationships they govern, to the manner of their implementation in national law. Employing legal history and comparative law to support his arguments, David Cluxton enriches the doctrinal analysis with an in-depth academic study of the legal background to, and drafting history of, the Warsaw Convention, the subsequent development of the relevant issues, and the case law and commentary thereon. Aviation Law Cause of Action Exclusivity in the Warsaw and Montreal Conventions will be a valuable resource for scholars and students of private air law, private international law and dispute resolution, while also being of great interest to aviation law practitioners and aviation insurers and policy-makers.

Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Courts, Codes, and Custom addresses the question of why some states recognize and comply with international human rights and environmental law, while others do not. To address this question, Dana Zartner has developed a novel cultural-institutional theory to explain the manner in which a state's domestic legal tradition shapes policy through the process of internalization. A state's legal tradition-the cultural and institutional factors that shape attitudes about the law, appropriate standards of behavior, and the legal process-is the key mechanism by which international law becomes recognized, accepted, and internalized in the domestic legal framework. Legal tradition shapes not only perceptions about law, but also provides the lens through which policy-makers view state interests, directly and indirectly influencing state policy. The book disaggregates the concept of legal tradition and examines how the individual cultural and institutional characteristics present within a state's domestic legal tradition facilitate or hinder the internalization of international law and, subsequently, shape state policy. In turn it explains both the differences in international law recognition across legal traditions, as well as the variance among states within legal traditions. To test this theory Zartner compares case studies within five of the main legal traditions in the world today: common law (U.S. and Australia), civil law (Germany and Turkey), Islamic law (Egypt and Saudi Arabia), mixed traditions (India and Kenya), and East Asian law (China and Japan). She addresses the differences among legal traditions as well as between states within the same tradition; the important role that legal culture and history play in shaping contemporary attitudes about law; and similarities and differences in state policy towards human rights law versus environmental law.

Developments have turned the study of South African constitutional law, even at an introductory level into a major undertaking. The purpose of this book is to guide the student of constitutional law in such an undertaking.

This is a collection of essays written by Moore which form a thorough examination of the theory of criminal responsibility. The author covers a wide range of topics, giving the book a coherence and unity which is rare in assembled essays. Perhaps the most significant feature of this book is Moore's espousal of a retributivist theory of punishment. This anti-utilitarian standpoint is a common thread throughout the book. It is also a trend which is currently manifesting itself in all areas of moral, political and legal philosophy, but Moore is one of the first to apply such attitudes so sytematically to criminal law theory. As such, this innovative, new book will be of great interest to all scholars in this field.

As the arbitration of internal trust disputes has attracted significant attention amongst the arbitration and trust law communities in recent years, this book provides a timely and comprehensive examination of the ways of overcoming challenges associated with trust arbitration. Rebutting arguments made against the enforceability of trust arbitration clauses, it highlights key traps for the unwary when drafting such clauses, and thereby provides readers with the necessary knowledge to enter by the narrow gate of trust arbitration, rather than by the broad gate of trust litigation. Key features include: Guidance for the drafting of trust arbitration clauses In-depth analysis of the European Convention on Human Rights (ECHR) and natural justice issues posed by trust arbitration Comparisons between several commonwealth jurisdictions to determine how trust arbitration could work in each system Analysis and commentary on multiple common law trust arbitration statutes, as well as relevant international treaties, including the Hague Trust Convention and the New York Convention Arbitrators, private client lawyers, trust professionals and scholars will greatly benefit from the detailed analysis and commentary in this book. Accessible in style, it will also prove invaluable to students of arbitration or trust law.

A lucid and accessible explanation of international intellectual property law. The authors do not shrink from the complexities and nuances of the field but manage commendably to present them as a part of a coherent system.' - Graeme B. Dinwoodie, University of Oxford, UK'Written by two of the foremost scholars in trade and intellectual property, this book offers a clear and comprehensive overview of the institutions, actors, texts, concepts, norms and issues encountered in the intellectual property arena. It is hard to imagine a better introduction to the international regime. Indeed, it is a 'must-have' for anyone entering the field from the academy, practice, government, arbitration or adjudication.' - Rochelle Dreyfuss, New York University, School of Law, US 'International norms constitute an essential framework at global, regional and domestic level for any development of this increasingly important but also complex area of law which is intellectual property. This advanced introduction to international property authored by Professor Frankel and Professor Gervais, two leading scholars in this field, is therefore particularly timely, as it presents in a condensed but complete and easy accessible way all the relevant institutions and actors, the major instruments, the key concepts, the current norms and the most important challenges to be addressed by the international intellectual property system. A must have in any good IP library!' - Christophe Geiger, University of Strasbourg, France 'This concise manual offers an ideal overview of international intellectual property. It will serve as a valuable Introduction for readers unfamiliar with intellectual property law, or with certain of its branches. But even readers already versed in some or all IP areas will also find illuminating insights throughout each chapter. Moreover, in addition to the principal traditional intellectual property sectors, the book addresses topics that have more recently commanded the attention of scholars and policy makers, particularly private international law and the relationship of IP and traditional knowledge.' - Jane C. Ginsburg, Columbia University, School of Law, US Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world s leading scholars. This authoritative introduction provides a detailed overview of the complexities of the international intellectual property regime and the ways in which it operates. The authors cover the key international institutions and agreements that regulate and inform intellectual property at an international level such as the TRIPS Agreement, WIPO, WTO, the Paris Convention and the Berne Convention. The book serves as a platform to understand and contextualize policy discussions on topics such as public health, Internet regulation, as well as regional and bilateral trade treaties. Key features include: - Accessible and carefully summarized overview of the field - Comprehensive and up-to-date review of all major international intellectual property institutions and instruments - Introduces current issues within international IP negotiations - Provides tools to analyze the history and possible future development of international IP norms. Students, researchers, policy makers and practitioners of intellectual property will find this book to be an invaluable resource in gaining an understanding of the international rules and context in which both domestic and international IP policy issues should be understood.

This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region. Taking a deep dive into the health care systems of Brazil and Colombia, Local Maladies, Global Remedies illustrates how transnational pharmaceutical companies are influencing the litigation of health rights, from moulding doctors' preferences for branded drugs to controlling the availability of cheaper generics and bio-similars. The book deploys a wide range of theoretical perspectives and insights from socio-legal literature to map out the practices of stakeholders that are reclaiming the right to health in Latin America. Its concluding remarks propose a set of remedies to help alleviate the challenges faced by global South countries when trying to guarantee their population's right to health, ultimately calling for a major shift of decision-making responsibilities from a local to a global level. The wide-ranging, interdisciplinary scope of this cutting-edge book will benefit scholars, practitioners, policymakers, and students operating at the intersections between socio-legal studies, sociology, health anthropology, public health, globalisation, and human rights.

Online Dispute Resolution - Theory and Practice is intended to provide an in-depth analysis and overview of not only the past and present but also the future of Online Dispute Resolution. It serves as a guide to scholars and practitioners having an interest in the interplay between dispute resolution, ICTs and AI applications. The book employs international, comparative, empirical, and interdisciplinary approaches to a myriad of legal and technical issues across the ODR spectrum. ODR is a field that lies at the intersection of dispute resolution and technology and our challenge has been to examine the many different areas that are being touched by these elements of modern life. This second edition updates information about ODR around the world, extends and brings up to date ODR approaches to facilitation, mediation, arbitration, and ecommerce, and adds important information about new technologies like blockchain and artificial intelligence. Online Dispute Resolution - Theory and Practice is a must read text by scholars, practitioners, academics, and researchers in the dispute resolution and information technology field.

The motivation for this particular law of obligations is the notion that the core assumptions of the dogmatic structure of each field, and of the law of obligations as a whole, can be expected to begin to show their imperfections more clearly the further one moves from the centre, and that this kind of examination affords an opportunity to reassess both the current premises in each field as well as the overall structure of obligations.

This title is not merely a new edition, but a complete rewrite. It provides the reader with a thorough understanding of international income tax aspects from a South African perspective. Topics generally regarded as highly complex are dealt with in a practical way, and illustrated by relevant examples. These topics include: controlled foreign companies; foreign dividends; exchange controls; tax havens; intermediate holding companies; double-taxation agreements. Some features of this title include: a discussion of the 2010 Update to OECD Model Tax Convention and Commentaries as well as the 2010 SA Legislative amendments; a rewritten chapter on Trusts; a substantially expanded bibliography. Five new chapters added on: Taxation of individuals; Taxation of Companies and Dividends; Taxation of Partnerships; Cross-border VAT; and Interpretation of Statutes.

The Elgar Encyclopedia of Law and Data Science represents a comprehensive mapping of the field. Comprising over 60 entries, it features contributions from eminent global scholars, drawing on expertise from multiple disciplines, including law and data science, economics, computer engineering, physics, biomedical engineering and history, philosophy, neuro-engineering, political science, and geo-informatics. This Encyclopedia brings together jurists, computer scientists, and data analysts to uncover the challenges, opportunities, and fault lines that arise as these groups are increasingly thrown together by expanding attempts to regulate and adapt to a data-driven world. It explains the concepts and tools at the crossroads of the many disciplines involved in data science and law, bridging scientific and applied domains. Entries span algorithmic fairness, consent, data protection, ethics, healthcare, machine learning, patents, surveillance, transparency and vulnerability. Comprehensive yet accessible, this Encyclopedia will be an indispensable resource for scholars of law, data science, artificial intelligence and law and technology. It also contains practical implications for a manifold of users: from domain experts to policy makers, from businesses to practitioners. Key Features: The first Encyclopedic coverage of the field of Law and Data Science Over 60 entries Entries organized alphabetically for ease of reference Full analytical index Interrelated multidisciplinary perspectives Unique accessibility for non-experts.

Understanding Land Tenure Law contains a commentary on land tenure law in South Africa together with the three key pieces of legislation: the Land Reform (Labour Tenants) Act, the Extension of Security of Tenure Act and the Prevention of Illegal Eviction from Unlawful Occupation of Land Act.

The text explains key definitions in the law and provides useful, practical guidelines on land rights disputes. Understanding Land Tenure Law also sets out the nature and scope of legal protection available to occupiers of land and labour tenants, with a section on access to the courts, including the Land Claims Court.

This book was developed by Cheadle, Thomson and Haysom Inc under the auspices of the Department of Land Affairs' Legal Services Project of the Land Rights Management Facility.

Can your employer require you to travel to India for a hip replacement as a condition of insurance coverage? If injury results, can you sue the doctor, hospital or insurer for medical malpractice in the country where you live? Can a country prohibit its citizens from helping a relative travel to Switzerland for assisted suicide? What about travel for abortion? In Patients with Passports, I. Glenn Cohen tackles these important questions, and provides the first comprehensive legal and ethical analysis of medical tourism. Medical tourism is a growing multi-billion dollar industry involving millions of patients who travel abroad each year to get health care. Some seek legitimate services like hip replacements and travel to avoid queues, save money, or because their insurer has given them an incentive to do so. Others seek to circumvent prohibitions on accessing services at home and go abroad to receive abortions, assisted suicide, commercial surrogacy, or experimental stem cell treatments. In this book, author I. Glenn Cohen focuses on patients traveling for cardiac bypass and other legal services to places like India, Thailand, and Mexico, and analyzes issues of quality of care, disease transmission, liability, private and public health insurance, and the effects of this trade on foreign health care systems. He goes on to examine medical tourism for services illegal in the patient's home country, such as organ purchase, abortion, assisted suicide, fertility services, and experimental stem cell treatments. Here, Cohen examines issues such as extraterritorial criminalization, exploitation, immigration, and the protection of children. Through compelling narratives, expert data, and industry explanations Patients with Passports enables the reader to connect with the most prevalent legal and ethical issues facing medical tourism today.

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. Peter Goodrich presents a unique introduction to the concept of jurisliterature. Highlighting how lawyers have been extraordinarily productive of literary, artistic and political works, Goodrich explores the diversity and imagination of the law and literature tradition. Jurisliterature, he argues, is the source of legal invention and the sign of novelty in judgments. Key features include: a literary approach to viewing law exploration of the visual culture of the law engagement with the affective and performative practices of jurisliterature analysis of the legal style and traditional literary practices of lawyers and judges from an historical perspective. This Advanced Introduction will be a useful and concise guide for scholars and students of law and literature. It will also be beneficial for students and teachers of courses on jurisprudence, law and the humanities and socio-legal studies.

This Research Handbook inspires a new vision of contracts, with practical illustrations of how they should be designed, rather than just drafted. The contributors offer a proactive approach, merged with innovative design, to show how contracts can be both user-friendly and legally functional. This ground-breaking work goes beyond the initial drafting and formation of contracts to cover implementation and integration with business infrastructure - including digital processes. Drawing on a multi-disciplinary perspective, it highlights all aspects of the contract lifecycle, using both theoretical and practical scenarios. As well as improved design and communication, the Handbook takes a creative view of the role of emerging technologies, including AI, and how they can increase contract functionality and visualisation. The goals are simplification, clarity about rights and obligations, and the prevention of unnecessary legal problems. Providing an up-to-date analysis of current trends in contract design thinking and practice, this Handbook will be an excellent resource for contract and legal professionals, scholars and practitioners. Entrepreneurs, procurement and sales managers, information designers and technologists will also find the forward-thinking, human-centred approach in this book illuminating and informative.

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. The Advanced Introduction to Applied Green Criminology provides a comprehensive overview of interventions and practices that contribute to environmental protection. Topics include crime prevention, environmental regulation and law enforcement, environmental forensics, greening of criminal justice institutions, and social activism. Underpinning these topics is the notion of eco-justice, which focuses on environmental justice (humans), ecological justice (ecosystems) and species justice (non-human animals and plants). Key Features: Discusses practical ways to prevent and stop environmental crimes and harms Presents grounded examples and knowledge gained from years of experience and expertise reflecting a 'pracademic' orientation Provides insightful summaries of intervention practices This Advanced Introduction will be invaluable to practitioners, such as green criminologists, conservation scientists, and environmental lawyers and regulators, as well as academics and students interested in preventing, stopping, and deterring environmental crimes and harms.?

This timely book offers a comprehensive study of the mechanism that gives effect to foreign bank resolution actions. In particular, it focuses on how the legal framework for the recognition of foreign bank resolution actions should be structured and proposes detailed legal principles on which effective frameworks should be based. Shuai Guo conducts both normative and positive law analysis to investigate the status quo of available legal instruments that are used to recognise foreign resolution actions within three representative jurisdictions: the European Union, the United States and mainland China. Building on the traditional legal doctrines of private international law, financial law and insolvency law, this book proposes ten principles that should be applied to foreign bank resolution actions, offering innovative ideas for further research and study. Additionally, it fills the gap in scholarly research on the issue of cross-border bank resolution and formulates rules that would facilitate effective resolution actions across borders to achieve a global orderly resolution for banks. Recognition of Foreign Bank Resolution Actions will be key reading for researchers and students in the fields of private international law, finance and banking law. The technical legal issues addressed throughout the book will also appeal to insolvency and banking lawyers, as well as policy makers within the field.