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This comprehensive book presents the English law of contract and tort in the context of a European law of obligations. Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the 'harmonisation debate'; should the law of obligations be harmonised at a European - or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology. Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.
Law for Social Workers has been supporting social work students and professionals for over 25 years. Written by an expert team with practical experience, this book provides the perfect combination of legal explanation and practical insight and is the ideal text to see students through their course and career. This edition continues to provide an accurate, jargon-free account of the law social workers need to know, with helpful diagrams and case studies included throughout to explain areas of difficulty and ensure understanding for students and professionals at all levels. The 15th edition includes an expanded Social Worker's Toolkit, offering practical advice on topics such as going to court, preparing evidence, and writing reports, providing the ideal support while on placement or in the workplace. Online resources The book is accompanied by the following online resources: For students -Video tutorials on a range of practical topics -Multiple choice questions for students to test their knowledge -Guidance on answering the exercises from the book -Further reading suggestions -Glossary of legal jargon For lecturers -PowerPoint slide lecture outlines for each chapter -Notes to accompany the slides with discussion of key issues to consider when teaching this area of law
Understanding Unemployment Insurance Law forms part of the Juta's Pocket Companions series. Titles in this series explain key legislation in non-legalistic language, in an affordable accessible format. The book begins with a brief outline of the legislative history and then systematically explains the different pieces of legislation which provide protection to the unemployed. At the end of each chapter, key-points boxes provide the reader with concise summaries of the commentary and FAQs assist the reader by anticipating and answering potential questions. Understanding Unemployment Insurance Law deals with the scope of the insurance cover, the institutional framework, the duties and rights of contributors and employees, eligibility for benefits, dispute settlement and enforcement. Selected unemployment insurance forms are included for easy reference.
This book examines the calculation and evaluation of regulatory costs by regulators in accordance with a legislative mandate. A serious limitation in that enterprise, the possibility of technological change and innovation, often compromises those efforts and has long been under-appreciated in standard 'cost-benefit analysis.' Regulators who study the inducement of innovation and the avoidance of regulatory costs by the regulated often find significant cost-saving opportunities, leading to more stringent and more effective risk governance. Ultimately, the weighing of costs in this more elaborate model is more than simple welfare maximization. It views regulatory costs as important to society for a range of reasons, some grounded in fairness and some in deliberative process values, as a society seeks to minimize all costs over time. This analysis places the weighing of regulatory costs in context by comparing cost calculation methods and evaluative tools in three illuminating case studies. It assesses cost-factoring methods under different normative frameworks and highlights the role of technological innovation in cost minimization over time while considering regulatory costs that result from multiple regulatory tool choices. A single regulatory cost investigation is tracked from agency to legislative back to agency choice, outlining the steps to consensus-oriented cost factoring methods. Academic and professional lawyers in fields like environmental protection, food and drug safety, and workplace safety will find this an invaluable resource, as will researchers in disciplines dealing with judicial choice from economic or political theoretical frameworks and regulatory agencies charged with regulating risks.
In 1946 a young woman named Ada Lois Sipuel Fisher (1924-1995) was denied admission to the University of Oklahoma College of Law because she was African American. The OU law school was an all-white institution in a town where African Americans could work and shop as long as they got out before sundown. But if segregation was entrenched in Norman, so was the determination of black Oklahomans who had survived slavery to stake a claim in the territory. This was the tradition that Ada Lois Sipuel sprang from, a tradition and determination that would sustain her through the slow, tortuous path of litigation to gaining admission to law school. A Step toward Brown v. Board of Education - the first book to tell Fisher's full story - is at once an inspiring biography and a remarkable chapter in the history of race and civil rights in America. Cheryl Elizabeth Brown Wattley gives us a richly textured picture of the black-and-white world from which Ada Lois Sipuel and her family emerged. Against this Oklahoma background Wattley shows Sipuel (who married Warren Fisher a year before she filed her suit) struggling against a segregated educational system. Her legal battle is situated within the history of civil rights litigation and race-related jurisprudence in the state of Oklahoma and in the nation. Hers was a test case organized by the NAACP (National Association for the Advancement of Colored People) to go all the way to the U.S. Supreme Court and, as precedent, strike another blow against ""separate but equal"" public education. Fisher served as both a litigant, with Thurgood Marshall for counsel, and, later, a litigator; both a plaintiff and an advocate for the NAACP; and both a student and, ultimately, a teacher of the very history she had helped to write. In telling Fisher's story, Wattley also reveals a time and a place undergoing a profound transformation spurred by one courageous woman taking a bold step forward.
Pennsylvania Constitutional Development has proven to be the definitive study of the history of Pennsylvania's constitution in its first four incarnations. Rosalind Branning's critique, first published in 1960, reflects the movement that led to the constitution of 1968. After tracing the history of the 1776 constitution and its earliest revisions--in 1790 and 1838--Branning primarily focuses on the constitutional convention of 1872-73 and the resulting document of 1874, which endured for almost a century. She uses the published Debates, newspaper files, and the observations of contemporary writers and statesmen to provide a detailed and engaging study of the politics and leadership of the time. Her analysis demonstrates that this constitutional convention produced an instrument that was designed to meet nineteenth-century needs but would need significant revisions by future generations. Foreseeing the very issues that would be addressed in the 1967-68 constitutional convention, Branning identifies the elements that are necessary for successful constitutional lawmaking. The evolution of Pennsylvania's body of laws serves as a cogent example of the opportunities and foibles intrinsic to the process of defining effective governance of a state. Pennsylvania Constitutional Development remains an essential resource for students and historians, and should be read by anyone interested in the government of the Keystone State.
The internet has transformed the world of work in ways that could not have been imagined even a decade ago. Almost anything we do is intimately connected to information creation, retrieval, processing or management. Regardless of perceived ethical or enforcement limitations, laws have become increasingly significant, from the protection of copyright to the enforcement of online contracts. [email protected] III: the law of the internet in South Africa provides specialist insight into the myriad legal issues generated by the convergence of technologies and the rise of the internet. The third edition of [email protected] is a comprehensive and updated version of the original text and covers a wide range of topics and new areas of discussion in the field of cyberlaw, including going more in-depth on issues of e-taxation, cybercrime laws, and the processing of e-evidence and its value in civil and criminal proceedings. Contents include the following: ISP liability and take down notice procedure; IT risk management, cyber liability and dispute resolution; Internet defamation, pornography and hate speech; Telecommunication licences and regulation; Interception of online communications at the workplace; Online consumer protection and spamming; Electronic signatures, encryption and authentication; Software patents, trademarks and domain names. [email protected] III is a specialist work aimed at researchers, lawyers, magistrates, judges, students as well as other professionals such as auditors, accountants, law enforcement offi cers, forensic investigators, IT managers and company directors who deal with the use and implications of technology on a daily basis.
Families and family law have encountered significant challenges in the face of rapid changes in social norms, demographics and political expectations. The Cambridge Companion to Comparative Family Law highlights the key questions and themes that have faced family lawyers across the world. Each chapter is written by internationally renowned academic experts and focuses on which of these themes are most significant to their jurisdictions. In taking this jurisdictional approach, the collection will explore how different countries have tackled these issues. As a result, the collection is aimed at students, practitioners and academics across a variety of disciplines interested in the key issues faced by family law around the world and how they have been addressed.
Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers. Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today's national labor law models. In the context of modern labor law's central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers. This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.
This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions. Through the analysis and comparison of court practices and case law across global domestic courts as varied as the National Green Tribunal in India, the Land and Environment Court in Australia, and the District Court of The Hague in the Netherlands, the expert contributors bring together a wealth of knowledge in order to enhance mutual learning and understanding towards an environmental rule of law. In doing so, they illustrate that courts play a vital role in the formation and crystallization of rulings and decisions to protect and conserve the environment. Ultimately, they prove that there are many lessons to be learnt from other legal systems in seeking to maintain and enhance the environmental rule of law. Contemporary and global in scope, Courts and the Environment is essential reading for scholars and students of environmental law, as well as judges, legal practitioners and policymakers interested in understanding the legal challenges to and the legal basis for protecting environmental values in courts.
Written for HR professionals and business people, California Employment Law: An Employer's Guide is the essential resource for avoiding the many traps set for California employers. This valuable reference is updated to address new developments in 2018, including: California's new Ban the Box law; New parental leave requirement for smaller employers; Prohibition on salary history inquiries; Prohibition on employer cooperation with immigration authorities; Requirement that employees not be on call during rest breaks; Requirement that employees be given one day's rest in seven; New protections for transgender employees; Increased minimum wage; Increased pay thresholds for overtime exemptions; WARN Act coverage of brief furlough; and much more.
Since 9/11, we have lived in an age of counterterrorism in which the spectre of terrorism justifies increasingly repressive and violent measures. Against this backdrop, legal scholars and human rights advocates have encouraged integration of human rights into the discourse of counterterrorism as the best way to counter such repression and violence. This book challenges that received wisdom by showing the ambiguous effects of such converged discourse on developing countries. It highlights the effect of terrorism discourse on human rights in two developing countries, viz., the Philippines and Indonesia, the efforts of local advocates in resisting abuses in the name of counterterrorism, and the persistence of violations despite legal and policy reforms in those countries. Applying a novel analytic framework drawn from critical terrorism studies and critical international law, the book provokes new thinking on the future of human rights advocacy in the age of counterterrorism.
The concept of supranational European citizenship has become one of the core concepts of the EU's unique polity. It has, however, been one of the most difficult to actualise. This book examines the challenges of, and barriers to, exercising full citizenship rights for European citizens and considers how they might best be overcome. Drawing on cutting-edge research from interdisciplinary areas of study, this book examines the key issues surrounding EU citizenship. Reflecting on the diversity of European societies, it identifies, analyses and compares the many barriers that citizens face to fully exercising their rights. With chapters examining key issues from migration to democratic governance and social rights, Moving Beyond Barriers critically analyses concepts of citizenship and the way that EU citizenship is politically, legally, economically and socially institutionalised, and elaborates alternatives to the current paths of realising EU citizenship. Citizenship issues feature prominently in the European policy-making agenda and the insights offered by this book will be of benefit to those with an interest in EU law, social and public policy and administration. Policy-makers and practitioners will also benefit from the reflections on citizenship and the practical guidance on how to move beyond current issues regarding EU citizenship.
These two revision and study guides have been packaged together to offer you great value when you're looking to get the most out of your revision. Contract Law Concentrate is the essential revision and study guide for law students looking to consolidate knowledge and achieve the best possible marks. Providing clear, succinct coverage of all the key topics, it enables you to quickly grasp the fundamental principles of this area of law and excel in your exams and coursework. Concentrate Q&A Contract Law contains model exam questions and answers, with expert advice on recognising what examiners are looking for, structuring a first class answer, avoiding common exam mistakes and making your answer stand out from the crowd.
Contract Law is designed to provide coverage of the fundamental legal principles at play in this area. Written in the authors' trademark clear and engaging style and incorporating a range of student-focused features, the book also introduces critical and contextual analysis to help you to develop your own critique and deepen your understanding of the law of contract.
All the cases you need, together with the tools to understand them. This contract casebook presents all the leading cases, supplemented by succinct author commentary and thought-provoking questions to deepen your understanding. Now updated by Professor Robert Merkin QC and Dr Severine Saintier, Poole's Casebook on Contract Law takes a uniquely supportive approach, to give you the confidence to engage with and analyse judgments. Online resources: The study of contract law continues via the online resources, keeping you up to date and helping to consolidate your learning. - Exercises and guidance on reading cases - Updates on new legislation, cases, and other legal developments
We live in the age of big companies where rising levels of power are concentrated in the hands of a few. Yet no government or organisation has the power to regulate these titans and hold them to account. We need big companies to share their power and we, the people of the world, need to reclaim it. In Competition is Killing Us, top business and competition lawyer Michelle Meagher establishes a new framework to control capitalism from the inside in order to make it work for the many and not just the few. Meagher has spent years campaigning against these multi-billion and trillion dollar mammoths that dominate the market and prioritise shareholder profits over all else; leading to extreme wealth inequality, inhumane conditions for workers and relentless pressure on the environment. In this revolutionary book, she introduces her wholly-achievable alternative; a fair and comprehensive competition law that limits unfair mergers, enforces accountability and redistributes power through stakeholder governance. With an afterword by Simon Holmes, Member of the UK 's Competition Appeal Tribunal, Academic Visitor at the Centre for Competition Law and Policy, Oxford University
EU climate law is one of the most dynamic and fastest growing areas of EU law. This exciting new textbook provides a comprehensive account of essential EU climate mitigation law. In addition, the contents cover a number of important and topical issues related to the EU's efforts to tackle climate change. Written by some of the key thinkers on EU climate law from the University of Groningen, each chapter addresses the relevant directives and regulations as well as their implementation issues, explaining how this affects current policy and academic debate. The chapters therefore not only describe but also critically reflect upon EU climate law. Key features include: * Comprehensive introduction to EU climate mitigation law * Discussion of the climate targets and instruments of the EU * Review of the relevant climate-related directives and regulations * Analysis of their implementation problems * Relationship between climate law and broader issues including energy law * Educational design based on reviews by climate law students The combination of educational design and analytical accuracy makes the textbook suitable for both students and professionals. This introduction is highly recommended for courses on EU climate mitigation law, also in the context of broader curricula on climate law, energy law and EU law in general.
International energy law is an elusive but important concept. There is no body of law called 'international energy law', nor is there any universally accepted definition for it, yet many specialised areas of international law have a direct relationship with energy policy. The Research Handbook on International Energy Law examines various aspects of international energy law and offers a comprehensive account of its basic concepts and processes. Adopting a practical approach, the Handbook traces the wide and somewhat informal notion of international energy law and covers the latest developments in the field. The expert contributors offer original research and analysis on pertinent topics such as energy investment, international energy disputes and energy trade. In addition to examining public international law issues and their application to energy activities, the Handbook also includes studies focused on private contractual arrangements and provides an angle on the human rights aspects of energy. This book will be a valuable tool for the expert audience - both academics and practitioners - and will provide students and early career practising lawyers with a good understanding of what 'international energy law' really means.
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