"Law, Liberty, and the Competitive Market" brings the clash between law and legislation to the attention of economists and political scientists. It fills a void and offers a series of texts that have not previously been translated into English. This anthology connects various articles by Leoni on economics and law with the objective of emphasizing how much Leoni's own theory in the juridical environment was influenced by reflection on authors of the Austrian school--from Carl Menger to Ludwig von Mises, from Friedrich von Hayek to Murray N. Rothbard.

The essays dealing with economics help us understand how many of Leoni's positions were libertarian. A careful reader of Mises, Leoni often ends up by assuming positions that are even more anti-state than those of the Austrian economist (concerning monopolies, for example). It is significant that in the 1960s his thought was influenced by Rothbard. The very critiques that he addresses to normativism and to analytical philosophy contain strong ideological elements, as they move from the awareness that legal positivism leads to statism and philosophical relativism to acquiescence in the face of power.

Studying the market economy, Leoni perceives opposition between spontaneous order and planning. In this way, he understands how such a contrast is significant for the origins of norms. Leoni's idea of a law able to protect individual liberty has its roots in the market. Thus, the market is at the same time the model he uses to conceive the legal order and an institution fundamental for the service of civilization, which the law is called to protect. This is an important work by a figure only now being recognized as a pioneer in the field of economics and an innovator in political theory.

This book presents a comprehensive analysis of the existing nature of India's groundwater laws. In the backdrop of the gravity of groundwater crisis that threatens to engulf the country, the book examines the correlation between the imperfections in the law and water crisis and advocates a reform agenda to overhaul the legal framework. It accomplishes this objective by examining how some of the States and Union Territories regulate and manage groundwater through the legal instrumentality against the backdrop of the two conflicting paradigms: the "elitist" and the "egalitarian." The book's fundamental premise is that despite being an extraordinarily critical resource that supports India's burgeoning population's ever-increasing water demands, groundwater is abused and mismanaged. The key argument that it posits is that the elitist paradigm must give way to an egalitarian one where groundwater is treated as a common property resource. To place this message in perspective, the book's introduction explains the dichotomy between the two paradigms in the context of groundwater. This sets the stage, after which the book is divided thematically into three parts. The first part deals with some of the general groundwater management concerns brought to the fore by the operation of the elitist paradigm. Since water is constitutionally a State subject, the second part analyses the groundwater legislations of different States and Union Territories set against their unique circumstances. As these laws do not dismantle the elitist paradigm that interlocks groundwater rights to land rights, the next part articulates the legal reform agenda where a case is made to re-engineer groundwater laws to reflect a more sustainable basis. The findings and arguments resonate with the situation in many developing countries around the world due to which the book is a valuable resource for researchers across disciplines studying this area, and also for policy makers, think tanks, and NGOs. Groundwater Management-Inter-state Water Conflicts-Aquifers-Water Markets-Water Security-Water Law Reform-Groundwater Law-Water Law-Sustainable Development-Hydrology

The relationship between modern international law and Islamic law has raised many theoretical and practical questions that cannot be ignored in the contemporary study and understanding of both international law and Islamic law. The significance and relevance of this relationship in both academic and practical terms, especially after the terrorist attacks of 11 September 2001, is now well understood. Recent international events in particular corroborate the need for a better understanding of the relationship between contemporary international law and Islamic law and how their interaction can be explored and improved to enhance modern international relations and international law. The articles reproduced in this volume examine the issues of General Principles of International Law, International Use of Force, International Humanitarian Law, International Terrorism, International Protection of Diplomats, International Environmental and Water Law, Universality of Human Rights, Women's Rights, Rights of the Child, Rights of Religious Minorities, and State Practice. The essays have been carefully selected to reflect, as much as possible, the different Islamic perspectives on each of these aspects of international law.

This book discusses environmental crime and individual wrongdoing. It uses the theory of convenience throughout to examine financial motives, attractive opportunities, and personal willingness to explain deviant behavior. This book focusses primarily on the case study of the Island of Tjome in Norway, an attractive resort where building permits were repeatedly granted to rich people in a protected zone along the shoreline. This book investigates how these crimes were detected and investigated by police over a few years with the help of whistleblowers. It discusses the interplay between the potentially corrupt public officials, professionals like architects and attorneys, and rich individuals, as an interesting and challenging arena for law enforcement. It covers attorneys' defense strategies, evaluates private internal policing, and provides insights for those investigating individuals involved in environmental crime. It also examines the Vest Tank toxic waste dumping case and the resulting explosion where unusually both the chairperson and the chief executive were successfully sentenced to prison because of environmental crime, unlike many other environmental crime cases where individuals avoid prison. The case studies are drawn from Norway to supplement more well-known case studies from the USA.

This volume analyses the process and structure of ecotaxes in India to bring forth its rationale, application and incidence on emerging environmental problems on the backdrop of the environmental issues confronted by the Indian economy. Being at infant stage in India, the concept of ecotaxes is plagued with large empirical difficulties. This book provides a holistic understanding of the complexities in the design and implementation of these fiscal instruments at the country level. After elaborating on the theory, history of its applications, the book provides an innovative methodological exercise. It examines the adequacy and relevance of ecotaxation in the Indian context, along with ensuring that the distortions due to the proposed levy are minimised. The incidence of these taxes on the households, the double dividend hypothesis and the effect on competitiveness of the producer are a few of the core themes elaborated upon in this book. This is demonstrated through a linear general equilibrium framework of Environmentally extended Social Accounting Matrix (E-SAM).The book provides material for the researchers and graduate students on the methodological structure of eco-taxes. The proposed methodological intervention could be utilised by the researchers who wish to analyse the macroeconomic impact of any tax through the framework of Social Accounting Matrix (SAM). Additionally, the process as well as the implications and nuances provided in the book will assist the policy makers to design innovative policies for dealing with environmental issues. The volume also has something for the practitioners by helping them comprehend various effects of these instruments on different stake holders of the economy and thus will be useful as a policy prescription. The three policy scenarios analysed in this study could be considered by the policymakers while attempting to design these instruments in the Indian context and thus ending the extensive reliance on the age old and grossly ineffective Command and Control (CAC) Policies.

As individuals and companies realise the importance of their inventions, issues surrounding patent laws and practices are taking centre stage around the world.

"Patent Strategy" introduces researchers to patent applications and patent portfolios. With minimum use of 'legal jargon' it provides the technical professional with the assistance and advice they require to understand the legal complexities that they may encounter before and during a patent application. It also discusses the responsibilities of the researcher after patent applications have been filed and the role the researcher can play in the maintenance of a global patent estate.

This updated edition of the best selling book has been expanded to keep pace with modern day movements and addresses the global issue surrounding intellectual property. Including new information on areas such as software and biotechnology it shows the techniques that can be used by individuals and academic inventors to protect their work and is the ideal reference source.Bridges the gap between the legal system and scientific research and avoids legal jargonDetails the reasons behind patents, their importance and relevance to all researchers and the strategy needed for filing for a patentFocuses on the strategy and reasons rather than just being a textbook of patent lawPresents an overview of tools a researcher can use while working with a patent attorney or agentAdopts a readable style that explains the basics right up to developing a strategyEssential reading for all those who wish to keep pace and protect their work

Reviews from previous edition:

..".I can recommend it for technology managing types. Does a nice job of explaining many aspects of the patent system and patent strategies with a minimum of jargon and case citations..."--"Internet Patent News"

..".provides an enlightened approach to a complex subject. It is relatively easy to read and follow..."-- "Polymers Paint and Colour Journal"

"This handy book provides the researcher with useful guidance on how to maximize the benefit of their inventiveness to themselves and their organization."--"Journal of Chemical Technology and Biotechnology"

This work explores the role of canon law in the ecclesiastical reform movement of the eleventh century, commonly known as the Gregorian Reform. Focusing on the Collectio canonum of Bishop Anselm of Lucca, it explores how the reformers came to value and employ law as as means of achieving desired ends in a time of social upheaval and revolution.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.

A resource for healthcare professionals in beginning, improving, or successfully marketing a career as an expert witness, Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide provides fundamental information on the legal process and practical advice for readers across various fields of medicine and allied health. The book draws on the authors' experiences as both expert witnesses and litigation experts who have trained hundreds of nurses, physicians, and healthcare professionals. Covering topics like the fundamentals of litigation and the legal process and trial preparation, Becoming an Expert Witness in Healthcare and Litigation explores the basic principles of being an expert witness while offering practical advice that will enable expert witnesses and attorneys to maximize their effectiveness. Topics covered include: *Roles and expectations of key players *Courtroom presentation *Depositions and trials *Moral issues *Writing for the court *Business of expert witnessing *Ethical marketing Also included in Becoming an Expert Witness in Healthcare and Litigation: *Checklists *Example expert witness forms like fee structures, engagement letters, and more *A comprehensive glossary of industry terms Those looking to break into the field and seasoned expert witnesses alike will find that Becoming an Expert Witness in Healthcare and Litigation: A Beginner's Guide offers valuable insights and guidance.

The Yearbooks of Cultural Property Law provide the key, up-to-date information and analyses that keep heritage professionals, lawyers, and land managers abreast of current legal practice, including summaries of notable court cases, settlements and other dispositions, legislation, government regulations, policies and agency decisions. Interviews with key figures, refereed research articles, think pieces, and a substantial resources section round out each volume. Thoughtful analyses and useful information from leading practitioners in the diverse field of cultural property law will assist government land managers, state, tribal and museum officials, attorneys, anthropologists, archaeologists, public historians, and others to better preserve, protect and manage cultural property in domestic and international venues. In addition to eight practice-area sections (federal land management; state and local; tribes, tribal lands, and Indian arts; marine environment; museums; art market; international; enforcement actions), the 2009 volume features an interview with an important figure in the field and original articles on new ICOMOS rules on dispute resolution, Section 47 of the Internal Revenue Code, risk and fair market value of antiquities, the visual artists rights act, and religious free exercise and historic preservation. All royalties are donated to the Lawyer's Committee on Cultural Heritage Preservation.

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam - banks, charities, schools, elections, clans - it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

British Islam and English Law presents a novel argument about the nature and place of groups in society. The encounter with Islam has led English law to tread a line between two theoretical models, liberal individualism and multiculturalism, competing for dominance over the law of organised religion. This philosophical rivalry has generated a set of seemingly intractable conflicts between individual and community, religion and state, nation and culture. This book resurrects the long-buried theory of classical pluralism to address and resolve these tensions. Applying this to five understudied institutions that give structure and form to British Islam - banks, charities, schools, elections, clans - it outlines and justifies the reforms that would optimise the relationship between law and religion. Unflinching and unorthodox, this book places law and theory in context, employs innovative methods such as nudge theory and applied history, and provides detailed answers to hard questions about British Islam.

A case study in the textual architecture of the venerable legal and ethical tradition at the center of the Islamic experience, Shari'a Scripts is a work of historical anthropology focused on Yemen in the early twentieth century. There-while colonial regimes, late Ottoman reformers, and early nationalists wrought decisive changes to the legal status of the shari'a, significantly narrowing its sphere of relevance-the Zaydi school of jurisprudence, rooted in highland Yemen for a millennium, still held sway. Brinkley Messick uses the richly varied writings of the Yemeni past to offer a uniquely comprehensive view of the shari'a as a localized and lived phenomenon. Shari'a Scripts reads a wide spectrum of sources in search of a new historical-anthropological perspective on Islamic textual relations. Messick analyzes the shari'a as a local system of texts, distinguishing between theoretical or doctrinal juridical texts (or the "library") and those produced by the shari'a courts and notarial writers (termed the "archive"). Attending to textual form, he closely examines representative books of madrasa instruction; formal opinion-giving by muftis and imams; the structure of court judgments; and the drafting of contracts. Messick's intensive readings of texts are supplemented by retrospective ethnography and oral history based on extensive field research. Further, the book ventures a major methodological contribution by confronting anthropology's longstanding reliance upon the observational and the colloquial. Presenting a new understanding of Islamic legal history, Shari'a Scripts is a groundbreaking examination of the interpretative range and historical insights offered by the anthropologist as reader.

The proliferation of pipelines to transport oil and natural gas represents a major area of contestation in the landscape of energy development. Battles over energy pipelines pit private landowners, local community representatives, and environmentalists against energy corporations and industry supporters, sometimes drawing opposition and attention from well beyond the impacted regions, as in the case of the Standing Rock/Dakota Access Pipeline. Stakeholders must navigate complex government regulatory processes, interpret technical and scientific reports, and endure lengthy and expensive court battles. As with other forms of environmental injustice, the contentious construction of pipelines often disproportionately impacts communities of lower economic development, people of color, and indigenous peoples; pipelines also pose potential short and long-term health and safety threats. With the expansion of energy pipelines carrying fracked oil and gas across the United States and abroad, the moment is ripe for teaching about pipeline projects and engaging students and community members in learning about methods for mobilization. Our volume examines pedagogical opportunities, challenges, and interventions that campus-community engagement, and other kinds of community engagement, produce in relation to infrastructuring in the form of pipeline development.

Since its earliest days, the Christian Church sought to draw up rules by which its members could live together in religious communities. Whilst those of Augustine (c.400 AD) and Benedict (c.530 AD) provided detailed guidance for monastic life, it took another two centuries for equivalent rules for secular clergy to become accepted on a wide scale. The earliest surviving set of comprehensive rules for canons are those written in the mid-eighth century by St Chrodegang (c.712-766), Bishop of Metz. Writing initially for secular clergy at Metz Cathedral, this work shows how Chrodegang's rule borrowed much from the Benedictine tradition, dealing with many of the same concerns such as the housing, feeding and disciplining of members of the community and the daily routine of the divine offices. At a time when there was no consensus on how clergy should live - whether they should marry or were eligible to own property - Chrodegang's rule provided clear guidance on such issues, and inspired reformers across Europe to consider how clergy lived and interacted with wider society. Although his work was superseded within a generation by the Rule of Aachen, Chrodegang succeeded in setting the agenda for subsequent rules for canons and as such his rule deserves to be given more weight by Church historians than has hitherto been the case. Providing the Latin texts and English translations of the three surviving versions of Chrodegang's rule, (Regula Originalis Chrodegangi, Institutio Canonicorum, Regula Longior Canonicorum) this volume provides an invaluable resource to scholars of medieval Christian communities. Substantial introductions to each text provide historical context and bibliographic details, allowing them to be understood in a much fuller way than has hitherto been possible.

Selected for inclusion in this volume are the most significant and influential articles analyzing the key issues surrounding children, medicine and the law today. Issues examined include: the implications of assisted reproduction for children, neonatal intensive care, health care, HIV testing of new-born children, choosing sexual orientation and adolescents and life-and-death decisions.

This book seeks to interrogate the classical fiqh formulation on gender and homicide with a view to exploring further the debate on whether the so-called gender injustice in Islamic law is a human creation or attributable to the divine sources of the Qur'an and Sunnah. The study is in response to the increasing criticism of the Islamic criminal law regime and the accusation that it discriminates on the basis of gender. It argues that any attempt to critique a religious question through the lens of traditional Western human rights ideals would be resisted by the vast majority of Muslims. An examination of the question and any suggested solutions offered would be much more effective if situated within the system they identify with; that is to address the question of gender justice deficit from within the Islamic legal tradition. Focusing on Nigeria and Pakistan, the book achieves this by drawing on classical fiqh literature, contemporary literature, legislative sources and relevant case law.

The recent news from Afghanistan, where the Taliban seized power once again to rule in the name of God, brings to mind a broader trouble: Islam, the second-largest religion in the world, has some harsh interpretations that defy human freedom--by imposing religious practices, discriminating against women or minorities, or executing "apostates" or "blasphemers. In Why, as a Muslim, I Defend Liberty, Cato Institute senior fellow Mustafa Akyol offers a bold critique of this trouble by frankly acknowledging its roots in the religious tradition, while also presenting counterarguments. Akyol argues that liberty is compatible with Islam if it is understood as a voluntary faith and not a coercive system, as many Muslims already see it. However, other Muslims understand Islam, indeed, as a coercive system that sees no difference between what is religiously right and legally enforceable. Moreover, these coercive Muslims' beliefs are not groundless: they rely on traditional interpretations of the Sharia (Islamic law). Yet the two fundamental sources of the Sharia--the Quran and the Prophetic example--also include seeds of freedom, Akyol argues. He explores little-noticed grounds for human rights, toleration and rule of law in the Quran, the life of the Prophet Muhammad, and the complex history of the Islamic civilization. It is past time, he argues, to grow those seeds into maturity and to reinterpret Islamic law and politics under the Quranic maxim, "No compulsion in religion."In short chapters, Akyol digs into big questions: Why do Muslims need to reform the Sharia? Is there something to revive in the Sharia? Should Muslims really glorify conquest and supremacy, or instead, believe in the social contract? Is capitalism really alien to Islam, which has a rich heritage of free markets and civil society? Finally, he addresses a suspicion common among Muslims today: What if liberty is a mere cover used by Western powers to advance their imperialist schemes?With personal stories, historical anecdotes, and theological insights, this is the little big book on the intersection of Islam and liberty.

This book discusses civil litigation at the supreme courts of nine jurisdictions - Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States - and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court's judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

"Efficient breach" is one of the most discussed topics in the literature of law and economics. What remedy incentivizes the parties of a contract to perform contracts if and only if it is efficient? This book provides a new perception based on an in-depth analysis of the impact the market structure, asymmetry of information, and deviations from the rational choice model have, comprehensively. The author compares the two predominant remedies for breach of contract which have been adopted by most jurisdictions and also found access to international conventions like the Convention on Contracts for the International Sale of Goods (CiSG): Specific performance and expectation damages. The book illustrates the complexity such a comparison has under more realistic assumptions. The author shows that no simple answer is possible, but one needs to account for the circumstances. The comparison takes an economic approach to law applying game theory. The game-theoretic models are consistent throughout the entire book which makes it easy for the reader to understand what effects different assumptions about the market structure, the distribution of information, and deviations from the rational choice model have, and how they are intertwined.

This book includes guiding cases of the Supreme People's Court, cases deliberated on by the Judicial Committee of the Supreme People's Court and cases discussed at the Joint Meeting of Presiding Judges from various tribunals. This book is divided into three sections, including "Cases by Justices", "Cases at Judicial Committee" and "Typical Cases", which will introduce readers to Chinese legal processes, legal methodologies and ideology in an intuitive, clear and accurate manner. This book presents cases selected by the trial departments of the Supreme People's Court of China from their concluded cases. In order to give full weight to the legal value and social functions of cases from the Supreme People's Court, and to achieve the goal of "serving the trial practices, serving economic and social development, serving legal education and legal scholarship, serving international legal exchanges among Chinese and foreign legal communities , serving the rule of law in China", the China Institute of Applied Jurisprudence, with the approval of the Supreme People's Court, opts to publish "Selected Cases from the Supreme People's Court of the People's Republic of China" in both Chinese and English, for domestic and overseas distribution.

This book introduces readers to the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2018. It is divided into 3 parts, and each part is arranged in chronological order. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference of the two conferences and the "Ministerial Channel". The second part contains the record of Special Representative of China's Climate Change Affairs, Xie Zhenhua, who attended the "China's Policies and Actions on Climate Change 2018 Annual Report" press conference, and Zhao Yingmin, Deputy Minister of the Ministry of Ecology and Environment, who attended the "Three-year Action Plan to Win the Blue Sky Defense War" policy briefing. The third part contains the records of 12 regular press conferences of the Ministry of Ecology and Environment throughout the year.

This book introduces the press release work carried out by Ministry of Ecology and Environment of the People's Republic of China in 2019. It is divided into four parts, each arranged chronologically. The first part contains the records of Li Ganjie, Minister of the Ministry of Ecology and Environment, who attended the press conference on "Promoting Ecological Civilization and Building a Beautiful China". The second part contains the records of Minister Li Ganjie's attendance at the press conference of the National People's Congress and the Chinese Political Consultative Conference as well as the "Minister channel". The third part contains the records of four press conferences on ecological and environmental protection held by the State Council Information Office of the People's Republic of China. The fourth part contains the records of 12 regular press conferences held by the Ministry of Ecology and Environment.

In 1970 Earth Day was first celebrated marking the dawn of worldwide environmental consciousness and the passing of many environmental laws. In part, these events were the result of the maturing of the science of ecology which recognized the interdependence of the web and cycles of nature. This volume explores the relationship between ecology and environmental law, beginning with a description of the two very different disciplines. This description is followed by a history of their episodic interactions: the early period of origin, the mid-century formative period from 1950 to 1970, the initial serious period of interaction after Earth Day in 1970 and the testing of the relationship during the next two decades. Utilizing a number of case studies, examinations of the key 'linkage persons', legal instruments and the migration of ecological concepts and frameworks, this book analyzes the final flowering of an ecosystem regime which embraces the connections between the two disciplines of ecology and environmental law. Concluding with an inventory of the problems posed by the relationship between the two disciplines and an agenda for future research, this clearly structured, comprehensive and stringent book is an essential resource for all serious scholars and students of ecology and environmental law.