The Association of Southeast Asian Nations (ASEAN) is actively seeking ways for member countries to enhance their individual economic development within the context of overall regional advancement. Central to this is the creation of a regional intellectual property framework. This book examines the efforts to move beyond sovereign protections of intellectual property rights and establish meaningful inter-state cooperation on intellectual property issues. Rather than aim for IP harmonization, ASEAN recognizes its internal diversity and pursues an agenda of 'IP Interoperability'. The essays in this collection examine the unique dynamics of 'interoperability', analyzing the administration of intellectual property in a part of the world that is of increasing importance. The book enables the reader to compare and contrast the ASEAN model to other approaches in regional cooperation, such as Europe and Latin America, and also explores private international law as a potential vehicle for interoperability.

This book provides the first comprehensive analysis of globalization's impact on the Brazilian legal profession. Employing original data from nine empirical studies, the book details how Brazil's need to restructure its economy and manage its global relationships contributed to the emergence of a new 'corporate legal sector' - a sector marked by increasingly large and sophisticated law firms and in-house legal departments. This corporate legal sector in turn helped to reshape other parts of the Brazilian legal profession, including legal education, pro bono practices, the regulation of legal services, and the state's legal capacity in international economic law. The book, the second in a series on Globalization, Lawyers, and Emerging Economies, will be of interest to academics, lawyers, and policymakers concerned with the role that a rapidly globalizing legal profession is playing in the development of key emerging economies, and how these countries are integrating into the global market for legal services.

Obligations: Law and Language is the first work of its kind to examine in depth the fundamental language used by courts, legislators, and academic commentators when describing the nature of obligations law. A comparative perspective is taken, examining the law of England, Scotland, the United States, Canada, and Australia, and an in-depth analysis is provided of the major legal commentaries, statutes, and case law from each jurisdiction. In exploring such fundamental words as obligation, liability, debt, conditional, unilateral, mutual, and gratuitous, the author examines the often confusing and contradictory ways in which basic structural language has been used, and brings clarity to a core area of legal theory and practice.

Questions of the application and interpretation of the ne bis in idem principle in EU law continue to surface in the case law of different European courts. The primary purpose of this book is to provide guidance and to address important issues in connection with the ne bis in idem principle in EU law. The development of the ne bis in idem principle in the EU legal order illustrates the difficulty of reconciling pluralism with the need for doctrinal coherence, and highlights the tensions between the requirements of effectiveness and the protection of fundamental rights in EU law. The ne bis in idem principle is a 'litmus test' of fundamental rights protection in the EU. This book explores the principle, and the way the Court of Justice of the European Union has interpreted it, in the context of competition law and the areas of freedom, security and justice, human rights law and tax law.

Many aspects relating to the conduct of mediation are left to mediator choice, but mediators often lack adequate guidance on how their discretion ought to be exercised. In this book, Omer Shapira identifies the ethical norms that govern mediators' conduct. Adopting a professional ethics perspective on the basis of role-morality and applying it to a core definition of mediators' role, Shapira argues that all mediators are placed in ethical relationships with mediation parties, the mediation profession, the public and their employers. or principals that produce ethical obligations. The book goes on to explore the legitimate expectations of these groups and analyzes existing codes of conduct for mediators. Shapira constructs a theory of mediators' ethics that produces a proposed model code of conduct for mediators - a detailed set of norms of mediators' ethics that can be rationally justified and defended with regard to mediators at large.

Although American scholars sometimes consider European legal scholarship as old-fashioned and inward-looking and Europeans often perceive American legal scholarship as amateur social science, both traditions share a joint challenge. If legal scholarship becomes too much separated from practice, legal scholars will ultimately make themselves superfluous. If legal scholars, on the other hand, cannot explain to other disciplines what is academic about their research, which methodologies are typical, and what separates proper research from mediocre or poor research, they will probably end up in a similar situation. Therefore we need a debate on what unites legal academics on both sides of the Atlantic. Should legal scholarship aspire to the status of a science and gradually adopt more and more of the methods, (quality) standards, and practices of other (social) sciences? What sort of methods do we need to study law in its social context and how should legal scholarship deal with the challenges posed by globalization?

In this book Phillip Cole calls for a radical review of what international protection looks like and who is entitled to it. The book brings together different issues of forced displacement to provide a systematic overview. It draws attention to groups who are often overlooked when it comes to discussions of international protection, such as the internally displaced, those displaced by climate change, disasters, development infrastructure projects and extreme poverty. The study draws on extensive case studies, such as border practices by European Union states, the United States with regard to its border with Mexico, and the United Kingdom. Cole places the experiences of displaced people at the centre and argues that they should be key political agents in determining policy in this area.

Haben grew up spending summers with her family in the enchanting Eritrean city of Asmara. There, she discovered courage as she faced off against a bull she couldn't see, and found in herself an abiding strength as she absorbed her parents' harrowing experiences during Eritrea's thirty-year war with Ethiopia. Their refugee story inspired her to embark on a quest for knowledge, traveling the world in search of the secret to belonging. She explored numerous fascinating places, including Mali, where she helped build a school under the scorching Saharan sun. Her many adventures over the years range from the hair-raising to the hilarious. Haben defines disability as an opportunity for innovation. She learned non-visual techniques for everything from dancing salsa to handling an electric saw. She developed a text-to-braille communication system that created an exciting new way to connect with people. Haben pioneered her way through obstacles, graduated from Harvard Law, and now uses her talents to advocate for people with disabilities. HABEN takes readers through a thrilling game of blind hide-and-seek in Louisiana, a treacherous climb up an iceberg in Alaska, and a magical moment with President Obama at The White House. Warm, funny, thoughtful, and uplifting, this captivating memoir is a testament to one woman's determination to find the keys to connection.

From the roots of a law that applied to all subjects of the Scottish King to the Union with England, this new legal history textbook explores the genesis, evolution and enduring influence of early Scots law. Discover how and why Scots law come into being, how was it used in dispute resolution during the medieval and early modern periods and how its authority developed over the centuries.

In 1776, Thomas Paine declared the end of royal rule in the United States. Instead, “law is king,” for the people rule themselves. Paine’s declaration is the dominant American understanding of how political power is exercised. In making law king, American lawyers became integral to the exercise of political power, so integral to law that legal ethics philosopher David Luban concluded, “lawyers are the law.”American lawyers have defended the exercise of this power from the Revolution to the present by arguing their work is channeled by the profession’s standards of ethical behavior. Those standards demand that lawyers serve the public interest and the interests of their paying clients before themselves. The duties owed both to the public and to clients meant lawyers were in the marketplace selling their services, but not of the marketplace. This is the story of power and the limits of ethical constraints to ensure such power is properly wielded. The Lawyer’s Conscience is the first book examining the history of American lawyer ethics, ranging from the mid-eighteenth century to the “professionalism” crisis facing lawyers today.

Law is best interpreted in the context of the traditions and cultures that have shaped its development, implementation, and acceptance. However, these can never be assessed truly objectively: individual interpreters of legal theory need to reflect on how their own experiences create the framework within which they understand legal concepts. Theory is not separate from practice, but one kind of practice. It is rooted in the world, even if it is not grounded by it. In this highly original volume, Allan C. Hutchinson takes up the challenge of self-reflection about how his upbringing, education, and scholarship contributed to his legal insights and analysis. Through this honest examination of key episodes in his own life and work, Hutchinson produces unique interpretations of fundamental legal concepts. This book is required reading for every lawyer or legal scholar who wants to analyse critically where he or she stands when they practice and study law.

The field of artificial intelligence (AI) and the law is on the cusp of a revolution that began with text analytic programs like IBM's Watson and Debater and the open-source information management architectures on which they are based. Today, new legal applications are beginning to appear and this book - designed to explain computational processes to non-programmers - describes how they will change the practice of law, specifically by connecting computational models of legal reasoning directly with legal text, generating arguments for and against particular outcomes, predicting outcomes and explaining these predictions with reasons that legal professionals will be able to evaluate for themselves. These legal applications will support conceptual legal information retrieval and allow cognitive computing, enabling a collaboration between humans and computers in which each does what it can do best. Anyone interested in how AI is changing the practice of law should read this illuminating work.

In 1773 John Adams observed that one source of tension in the debate between England and the colonies could be traced to the different conceptions each side had of the terms "legally" and "constitutionally"--different conceptions that were, as Shannon Stimson here demonstrates, symptomatic of deeper jurisprudential, political, and even epistemological differences between the two governmental outlooks. This study of the political and legal thought of the American revolution and founding period explores the differences between late eighteenth-century British and American perceptions of the judicial and jural power. In Stimson's book, which will interest both historians and theorists of law and politics, the study of colonial juries provides an incisive tool for organizing, interpreting, and evaluating various strands of American political theory, and for challenging the common assumption of a basic unity of vision of the roots of Anglo-American jurisprudence. The author introduces an original concept, that of "judicial space," to account for the development of the highly political role of the Supreme Court, a judicial body that has no clear counterpart in English jurisprudence. Originally published in 1990. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Seit einiger Zeit polarisieren die Diskussionen um den Nutzen des Wissens und des Nichtwissens im Zusammenhang mit Zufallsbefunden mit Relevanz fur die Gesundheit Betroffener und Verwandter. Die Autorin befasst sich mit der Frage, ob Umgang und Folgen der Generierung eines Zufallsbefundes im Kontext der Diagnostik und Forschung rechtlich geregelt sind. Dabei erlautert sie die rechtlichen Grundlagen des Rechts auf Nichtwissen und der arztlichen Fursorge und analysiert medizinethische Empfehlungen und spezialgesetzliche Regelungen zu Zufallsbefunden. Aufgrund notwendiger rechtlicher Regelungen prasentiert sie Gesetzesentwurfe zur Loesung des Spannungsfeldes zwischen Recht auf Nichtwissen des Betroffenen, arztlicher Fursorgepflicht und Interessen Verwandter bei Generierung eines Zufallsbefundes.

Along with used car dealers and telemarketers, lawyers are considered to be among the least trustworthy of all professionals. If lawyers want more respect, they will have to earn it by reframing their ethical responsibilities. In an original approach to law's moral dilemma, legal theorist Allan C. Hutchinson takes seriously the idea that 'litigation is war'. By drawing an extended analogy with the theory of ethical warfare, he examines the most difficult questions facing practicing lawyers today. Comparing the role of military officers to legal professionals and theories of just peace to legal settlement, Hutchinson outlines a boldly original approach to legal ethics. Fighting Fair's recommendation for a more substantive, honor-based approach to ethics will be a thought-provoking tool for anyone concerned about the moral standing of the legal profession.

The purpose of this book is to explore what role ethical discourse plays in public and private international law. The book seeks (1) to delineate the role of ethical investigation in creating, sustaining, challenging and changing international law and (2) to open up a conversation between two related disciplines - public and private international law - that frequently labor in different vineyards. By examining the role of ethical discourse in international law's public and private dimensions, this volume will hopefully open new avenues for cross-disciplinary exchange in these important fields and related disciplines. The chapters in this book show that there is a way to engage the ethical dimension of international law without seeking to use ethics as raw politics and the will to power.

We live in an era of economic austerity and political uncertainty. This has profound implications for all areas of publicly funded services; the justice system is no exception. During such times, the judiciary must remain steadfast in maintaining their independence irrespective of any funding model. Professor Hardy and Sir Ryder set out a vision for the Justice system that takes a strategic approach to the legal system, explicitly based on national self-interest and commercial effectiveness. They argue that, in striving for such a strategic approach to the justice system, there should not be separate access to justice and business reliance on the Rule of Law, as if they are separate worlds. The authors advocate an approach enabling access to justice to be efficient as well as effective, evidence based and founded on solid analysis of needs and capabilities. This new strategic approach would therefore be to ensure that the Judiciary, as 'one judiciary' is equipped and skilled as proficiently as it possible and as aligned and as effective in its leadership. The authors bring unique expertise to the pursuit of 'one judiciary', carefully and thoroughly analysing how such a system would work in theory and in practice. This revolutionary monograph promises to be a defining text in the field of judicial leadership. It is essential reading for all Judicial Office Holders, legal policy makers, legal practitioners and academics, and for all those with an interest in human resources, business and management, psychology, and law.

Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because - regardless of political affiliation, race, or gender - every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.