Far from regarding the law as supreme, corporations approach law as an element of executive thought and action aimed at optimizing competitiveness. The objective of this book is to identify, explore and define corporate legal strategies that seek advantage in the opportunities revealed when the Law is perceived as a resource to be mobilized and aligned with the firm's business and economic agendas.

In recent years, a number of global claims have failed because they were presented without any systematic analysis, justification or proper calculation of losses. Hence, Global Claims in Construction highlights these issues as well as the importance of understanding causation, factual necessity and the courts' attitude and approach to global claims. Global Claims in Construction addresses the principles of global claims and their calculation methodologies in detail through extensive references to literature, case law and a real world case study. It aims to be a valuable resource for professionals working in the construction industry, as well as students in construction and engineering.

International law is not merely a set of rules or processes, but is a professional activity practised by a diversity of figures, including scholars, judges, counsel, teachers, legal advisers and activists. Individuals may, in different contexts, play more than one of these roles, and the interactions between them are illuminating of the nature of international law itself. This collection of innovative, multidisciplinary and self-reflective essays reveals a bilateral process whereby, on the one hand, the professionalisation of international law informs discourses about the law, and, on the other hand, discourses about the law inform the professionalisation of the discipline. Intended to promote a dialogue between practice and scholarship, this book is a must-read for all those engaged in the profession of international law.

Volume 5 considers the liability of Internet providers, the protection of personal data, and the criminal liability of users and firms. It offers practical explanations of laws pertaining to telemedia, telecommunications, databases, IT security, and media criminal liability.

In recent years, countries around the world introduced numerous national security programs and military campaigns. Despite the complex legal questions they raise, very few of these measures have been the subject of rigorous judicial review. Nevertheless, the absence of real-time review has had an enormous effect on human rights, rule of law, and on national security. The Supreme Court of Israel provides an excellent case study of a different approach, which allows judges to assess military action in real-time and to issue non-binding results of their evaluation. This raises the question: How was the Court actually able to uphold this challenge? In Judicial Review of National Security, David Scharia explains how the Supreme Court of Israel developed unconventional judicial review tools and practices that allowed it to provide judicial guidance to the Executive in real-time. In this book, he argues that courts could play a much more dominant role in reviewing national security, and demonstrates the importance of intensive real-time inter-branch dialogue with the Executive, as a tool used by the Israeli Court to provide such review. This book aims to show that if one Supreme Court was able to provide rigorous judicial review of national security in real-time, then we should reconsider the conventional wisdom regarding the limits of judicial review of national security.

Volume 4 offers a practical presentation of press law and broadcasting law. It also includes sports law and theater law along with legal questions related to child protection and protection of personal images.

The concept of the nation-state has as an essential element the control of territory, legal and political authority over the acquisition, ownership, use and disposition of land. The rapid increase during the 1970s in the pace of foreign 1 investment -with the acquisition of real property as a centerpiece-has stirred new concern for the ability and disability of aliens to invest in and acquire title 2 to the physical territory of a given state. With a variety of factors now stimulating 3 foreign investment in land, increased attention has been given in many countries to the role of the state in controlling, inhibiting or prohibiting investment in real property by aliens. English law long ago established that the alien would be subject to significant 4 disabilities in connection with the ownership of land. The imposition of similar 5 restrictions on aliens is found in the early law of most nation-states. Such disabilities have their roots in the feudal period, and it was not until the eighteenth century that the countries of Continental Europe abandoned the absolute 6 prohibition on succession to real property by aliens. The prohibition was replaced by a tax imposed on aliens who withdrew the property of the state of which the decedent was a citizen. Common Law rules restricting alien succession developed in the thirteenth century.

This book explores the importance of autonomy in family law. It argues that traditional understandings of autonomy are inappropriate in the family law context and instead recommends the use of relational autonomy. The book starts by explaining how autonomy has historically been understood, before exploring the problems with its use in family law. It then sets out the model of relational autonomy which, it will be argued, is more appropriate in this context. Finally, some examples of practical application are presented. The issues raised and theoretical discussionis relevant to any jurisdiction."

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

This book details the relationship between private property and government. As private property is important to both individual welfare and the public interest, the book provides an intellectual framework for the analysis and resolution of contemporary property rights disputes.

Essays on the Doctrinal Study of Law is a summary of the author's 40 years of research in the fields of civil law and the philosophy of law. The main focus is on the two main tasks in the doctrinal study of law: the interpretation and systematisation of legal norms. In this regard, Professor Aarnio deals with the theory of argumentation as well as with its foundations - i.e., with the ontology, epistemology and methodology of legal thinking - and develops the ideas that were first presented in The Rational as Reasonable (Kluwer 1987) in all of these dimensions. The work includes an updated discussion on the writings of Robert Alexy, Jurgen Habermas, Ronald Dworkin and Alf Ross. A focal point of view concerns the distinction between positivism and non-positivism, in which the core of the criticism focuses on Scandinavian realism.

This detailed, practitioner text, explains national security law in all its aspects. It collates and explains the core elements of the law, both substantive and procedural, and the practical issues which may arise in national security litigation. The book draws on the professional experience of a team of expert contributors. The first part explores the meaning of "national security", examines the respective roles in this area of Parliament, the executive and the courts, and explains the law relating to the security and intelligence agencies, their powers and oversight. The core of the book addresses the various executive measures used to disrupt terrorism, espionage and other hostile state activity, usually on the basis of secret intelligence, and the civil proceedings that may result from executive action taken for the national security purposes. The third part addresses national security and the criminal law. The remaining chapters address national security law in such diverse contexts as inquests, inquiries, employment, vetting, family, freedom of information, and data protection proceedings. National security law is now of relevance to a wide range of practising lawyers, judges, legislators, policymakers, oversight bodies, and academic experts working in a variety of legal fields well beyond public law. The highly-specialised nature of the topic make this book a vital text not only for those seeking an overview of the law, but also for experienced practitioners instructed to act in proceedings in which national security issues may arise. The intense media and public scrutiny which accompanies many national security cases will also make this book of interest to a wider audience seeking to understand the legal context of such cases. The enhanced digital product (included) provides both offline and online access wherever you are on OUP LawReader. Synchronize your notes and bookmarks across all of your devices, and take advantage of the quick and simple search function to find what you need, whenever you need it.

Volume 3 deals with the relationships between firms in relation to media products. It examines issues of media concentration in the fields of music, the press, and broadcasting as well as related topics in copyright law, competition law, brand-name law, and domain rights, including protection of work titles, seals, and logos.

Volume 2 provides a practice-oriented presentation of the content and scope of copyright protection for media products. It explains copyright laws applicable to different categories of works and offers suggestions for contract design.

I. OVERVIEW Legal Issues in Mental HeaIth Care is aimed at the mental health clinician who provides services on either an inpatient or an outpatient basis. It is written for psychiatrists, psychologists, social workers, nurses, and other therapists to help them understand and manage legal issues in their daily practice. The issues covered apply to therapists who work for an agency or hospital as weil as those who work independently. The book is meant to serve as a handbook, but it also provides a quick resource as legal questions arise which are related to the obligations of the therapist. It ad dresses the legal issues that confront the clinician. It is not aimed at the clinicianwho specializes in forensie mental health issues, because the information provided does not reach that level of detail or sophistication. Nor is it aimed at the scholar, because our goal is to provide practical information in a clear and concise format. Wehave not addressed the wide array of laws protecting the mentally disabled from discrirnina tion-most notably, the Americans with Disabilities Act (1990)and the Fair Housing Act. Most states also have laws that prohibit discrimination in employment, services, and housing. These issues are beyond the scope of this book because we are address ing the legal issues that arise in providing care, rather than the rights of mentally disabled persons. 11. ORGANIZATION OF THE BOOK The book consists of eleven chapters and a Glossary of Legal Terms.

Since the end of the Cold War, the Middle East has been the focus of various projects for the establishment of arms control (including CBMs) regimes. Whereas some of these projects were initiated at the global level, others were discussed and debated at the regional level. This book analyses the global and regional dynamics of arms control in the Middle East in the post-Cold War era. It examines American and European arms control projects, the contexts in which they were presented, the reactions of major regional actors, and their impacts on arms control efforts in the region. It assesses Arab perceptions of the motivations for and constraints on establishing arms control regimes. It also explores the prospects of regional arms control in the context of the ongoing Arab Spring with its ramifications for Arab regional politics, and provides a new perspective on arms control in the Middle East. This volume enriches the ongoing discourse, which to date has been dominated by mainly Western perspectives.

Regulating Obesity?: Government, Society, and Questions of Health explores the effectiveness of legal interventions aimed at promoting healthier lifestyles. In it, W.A. Bogart suggests that the government's emphasis on encouraging weight loss and preventing excess gain have largely failed to resolve obesity and have instead fueled prejudice against fat people. He suggests that a major challenge lies in shifting norms away from stigmatization of the obese and towards more nutritious and healthy lifestyle habits in addition to the acceptance of bodies in all shapes and sizes. Part of this challenge lies in the complex effects of law and its relationship with norms, including the unintended consequences of regulation. Regulating Obesity? begins by arguing for the protection of the overweight and obese from discrimination through human rights laws. It then examines three other areas of interventions-marketing, fiscal policy, and physical activity-and how these interventions operate within the context of "health equity." Professor Bogart evaluates the effectiveness of legal regulation in addressing obesity and concludes that a healthier population is more important than a thinner population. Regulating Obesity? is the first book to engage in the comprehensive evaluation of this role for law and the implications of society's fascination with regulating consumption.

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

This book presents a concise account of the English system of civil litigation, covering court proceedings in England and Wales. It is an original and important study of a system which is the historical root of the US litigation system. The volume offers a comprehensive and properly balanced account of the entire range of dispute resolution techniques.
As the first book on this subject to be published in the USA, it enables American lawyers to gain an overview of the main institutions of English Civil Procedure, including mediation and arbitration. It will render the English system of civil justice accessible to law students in the US, practitioners of law, professors, judges, and policy-makers.

The Hibernensis is the longest and most comprehensive canon-law text to have circulated in Carolingian Europe. Compiled in Ireland in the late seventh or early eight century, it exerted a strong and long-lasting influence on the development of European canon law. The present edition offers-for the first time-a complete text of the Hibernensis combining the two main branches of its manuscript transmission. This is accompanied by an English translation and a commentary that is both historical and philological. The Hibernensis is an invaluable source for those interested in church history, the history of canon law, social-economic history, as well as intellectual history, and the history of the book. Widely recognized as the single most important source for the history of the church in early medieval Ireland, the Hibernensis is also our best index for knowing what books were available in Ireland at the time of its compilation: it consists of excerpted material from the Bible, Church Fathers and doctors, hagiography, church histories, chronicles, wisdom texts, and insular normative material unattested elsewhere. This in addition to the staple sources of canonical collections, comprising the acta of church councils and papal letters. Altogether there are forty-two cited authors and 135 cited texts. But unlike previous canonical collections, the contents of the Hibernensis are not simply derivative: they have been modified and systematically organised, offering an important insight into the manner in which contemporary clerical scholars attempted to define, interpret, and codify law for the use of a growing Christian society.

The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.

Domestic Violence, Family Law and School discusses the ways in which family law disputes in cases of domestic violence can impact on children's lives at pre-school and school. In drawing on new research, the book establishes a new framework for understanding how welfare systems tackle domestic violence.

Volume 1 presents the full range of European media law with a practical orientation. It covers EU directive policy along with the problems encountered in translating Community law into national contexts. In addition, the Handbook discusses issues related to the practical enforcement of claims and licensing rights in the realm of intellectual property.

Gunfight is a timely work examining America s four-centuries-long political battle over gun control and the right to bear arms. In this definitive and provocative history, Adam Winkler reveals how guns not abortion, race, or religion are at the heart of America s cultural divide. Using the landmark 2008 case District of Columbia v. Heller which invalidated a law banning handguns in the nation s capital as a springboard, Winkler brilliantly weaves together the dramatic stories of gun-rights advocates and gun-control lobbyists, providing often unexpected insights into the venomous debate that now cleaves our nation."