This is the first book to comprehensively analyze the work of Hans Micklitz, one of the leading scholars in the field of EU economic law. It brings together analysts, academic friends and critics of Hans Micklitz and results in a unique collection of essays that evaluate his work on European Economic Law and Regulation. The contributions discuss a wide range of Micklitz' work: from his theoretical work on private law beyond party autonomy, with a special focus on its regulatory function, to the illustration of how his work has built the basis for current solutions such as used in solving the financial crisis. The book is divided into sections covering foundations of private law, regulatory law, competition and intellectual property law, product safety law, consumer contract law and the enforcement of law. This book clearly shows the enormous impact of Hans Micklitz' work on the EU legal system in both scholarship and practice.

On publication of the previous edition of Computers and the Law, developments such as the Internet and electronic commerce were as yet unthought of. The second edition strives to bring the reader up to date with such developments. It also attempts to gauge the law's reaction, or lack of it, to these developments.

The medical liability crisis continues to grow at an alarming rate and has particularly impacted perinatal and neonatal practice. This book focuses on issues which have a high vulnerability to claims of medical negligence. Its objective is the recognition of high-risk situations and the appropriate means to diagnose, treat, and document the response to such situations. Emphasis on record keeping, communication, and anticipatory behaviour is stressed. Chapters are accompanied by commentaries aimed at presenting alternative strategies. Authors have been chosen for their expertise in the subject and their abilities to communicate their points of view.

This unique text focuses on an aspect of medical and nursing practice which has become a major area of importance in the medico-legal arena. The editors have made a special effort to aid both the medical and legal sectors in understanding the important issues involved in medical negligence cases. This book will help remedy this situation by examining the "red flags" in several high risk situations to enable the development of a prospective approach to risk management. The contributors are internationally recognised experts from the field of obstetrics, neonatology, nursing and hospital administration, as well as the legal profession.

The editors believe that this book will serve to bring about changes in the behaviour of health care professionals which will ultimately improve the quality of care that they give to their patients. This text should be on the bookshelf of any individual involved in the medical care of the pregnant woman and her newborn.

Compared to the US, European data and privacy protection rules seem Draconian. The European rules apply to any enterprise doing business in the EU. The new rules are far more stringent than the last set. This book is a quick guide to the directives for companies, particularly US, that have to comply with them. Where US organizations and businesses who collect or receive EU personal data fail to comply with the rule, the bottom line can suffer from very significant official fines and penalties, as well as from users, customers or representative bodies to pursuing litigation. This guide is essential for all US enterprises who directly or indirectly deal with EU personal data.

Written for practitioners and policymakers, this book will help professionals across health, education, social care and juvenile justice services to understand the needs of young offenders and adolescents at risk of entering the criminal justice system. Developmental in approach, the textbook provides a comprehensive overview of forensic child and adolescent mental health, using cases to help clinicians link theoretical principles to practice and understand how mental health and neurodevelopmental impairment can relate to offending behaviour. With an emphasis on preventive initiatives, early intervention and the building of psycho-social resilience through the delivery of values based practice, this book highlights the need for comprehensive assessment for young people across multiple domains of their lives. This book is of interest to all clinicians working within mental health teams, practitioners working with children and adolescents, professionals involved with youth justice and medico-legal issues, and politicians responsible for establishing health and social policy.

The Beginnings of Islamic Law is a major and innovative contribution to our understanding of the historical unfolding of Islamic law. Scrutinizing its historical contexts, the book proposes that Islamic law is a continuous intermingling of innovation and tradition. Salaymeh challenges the embedded assumptions in conventional Islamic legal historiography by developing a critical approach to the study of both Islamic and Jewish legal history. Through case studies of the treatment of war prisoners, circumcision, and wife-initiated divorce, she examines how Muslim jurists incorporated and transformed 'Near Eastern' legal traditions. She also demonstrates how socio-political and historical situations shaped the everyday practice of law, legal education, and the organization of the legal profession in the late antique and medieval eras. Aimed at scholars and students interested in Islamic history, Islamic law, and the relationship between Jewish and Islamic legal traditions, this book's interdisciplinary approach provides accessible explanations and translations of complex materials and ideas.

To enable users to understand the operation of the Engineering and Construction Contract, this book contains flow charts which set out the procedural logic of the 75 clauses that can be presented with benefit by flow charting. Construction Clients' Board endorsement of NEC3 The Construction Clients' Board (formerly Public Sector Clients' Forum) recommends that public sector organisations use the NEC3 contracts when procuring construction. Standardising use of this comprehensive suite of contracts should help to deliver efficiencies across the public sector and promote behaviours in line with the principles of Achieving Excellence in Construction.

The Islamization of politics in Indonesia after 1998 presents an underexplored puzzle: why has there been a rise in the number of shari'a laws despite the electoral decline of Islamist parties? Michael Buehler presents an analysis of the conditions under which Islamist activists situated outside formal party politics may capture and exert influence in Muslim-majority countries facing democratization. His analysis shows that introducing competitive elections creates new pressures for entrenched elites to mobilize and structure the electorate, thereby opening up new opportunities for Islamist activists to influence politics. Buehler's analysis of changing state-religion relations in formerly authoritarian Islamic countries illuminates broader theoretical debates on Islamization in the context of democratization. This timely text is essential reading for students, scholars, and government analysts.

Aufgrund der zunehmenden Globalisierung der Wirtschaftsbeziehungen ist es zu einer weltweiten Vernetzung der anwaltlichen Tatigkeit gekommen. Im Rahmen der grenzuberschreitenden anwaltlichen Tatigkeit stellt sich die Frage, welchem Berufsrecht die Anwalte verpflichtet sind. Vor diesem Hintergrund geht diese Arbeit der Frage nach, wie die Verschwiegenheitspflicht, ein zentraler Aspekt des anwaltlichen Berufsrechts, in Deutschland und Frankreich ausgestaltet ist, und welche Konsequenzen sich daraus fur die grenzuberschreitende Tatigkeit eines deutschen Anwalts in Frankreich ergeben. Insbesondere auf die Besonderheit der confidentialite des correspondances wird unter berufsrechtlichen, prozessrechtlichen und strafrechtlichen Gesichtspunkten eingegangen.

Frederik Born vergleicht die Besteuerung von Kapitalgesellschaften in Australien und Deutschland, wobei er das australische Koerperschaftsteuerrecht aus deutscher Perspektive fur Wissenschaft und Praxis aufbereitet. Der Rechtsvergleich orientiert sich an Problemen, mit denen sich Gesetzgeber weltweit auseinandersetzen mussen, um ein (geschlossenes) Koerperschaftsteuersystem zu erzeugen. Dem jeweiligen Kapitel stellt der Autor international diskutierte Loesungsansatze voran, bevor er das australische und deutsche Recht darstellt und in einer vergleichenden Betrachtung zusammenfuhrt.

How does the use of military drones affect the legal, political, and moral responsibility of different actors involved in their deployment and design? This volume offers a fresh contribution to the ethics of drone warfare by providing, for the first time, a systematic interdisciplinary discussion of different responsibility issues raised by military drones. The book discusses four main sets of questions: First, from a legal point of view, we analyse the ways in which the use of drones makes the attribution of criminal responsibility to individuals for war crimes more complicated and what adjustments may be required in international criminal law and in military practices to avoid 'responsibility gaps' in warfare. From a moral and political perspective, the volume looks at the conditions under which the use of military drones by states is impermissible, permissible, or even obligatory and what the responsibilities of a state in the use of drones towards both its citizens and potential targets are. From a socio-technical perspective, what kind of new human machine interaction might (and should) drones bring and which new kinds of shared agency and responsibility? Finally, we ask how the use of drones changes our conception of agency and responsibility. The book will be of interest to scholars and students in (military) ethics and to those in law, politics and the military involved in the design, deployment and evaluation of military drones.

Drawing on ethnographic research, Living Sharia examines the role of sharia in the sociopolitical processes of contemporary Malaysia. The book traces the contested implementation of Islamic family and criminal laws and sharia economics to provide cultural frameworks for understanding sharia among Muslims and non-Muslims. Timothy Daniels explores how the way people think about sharia is often entangled with notions about race, gender equality, nationhood, liberal pluralism, citizenship, and universal human rights. He reveals that Malaysians' ideas about sharia are not isolated from-nor always opposed to-liberal pluralism and secularism. Living Sharia will be of interest to scholars as well as to policy makers, consultants, and professionals working with global NGOs.

`This stimulating volume of essays seamlessly integrates theoretical and practical perspectives to wrestle with fundamental issues of law and legal education in the 21st century. Using an integrated framework, the editors demonstrate that the challenges raised by internationalization can no longer be left to a small group of comparative and international lawyers, but rather require fundamental engagement from everyone in the law. Highly recommended.' - Thomas Ginsburg, University of Chicago Law School, US `This is a rich and fascinating collection of essays on the internationalisation of law. It offers an important exploration of what lies ahead in making law, resolving disputes and researching and teaching law in an increasingly globalising world. Academics and practitioners all over the world will find this book immensely useful.' - Jan M. Smits, Tilburg University, The Netherlands `This fascinating collection of essays marks the 20th anniversary of Bond Law School in Australia. The essays deal with the internationalisation of law in all its dimensions, whether it be in law teaching, legal research, legislation or attitudes to risk and regulation which is particularly pertinent in view of the global financial crisis. The breadth of coverage of the book increases its appeal to scholars and policy makers from a range of sub-disciplinary perspectives. It deserves to be read widely and is an extremely valuable addition to any practitioner or academic library.' - Gerard McCormack, University of Leeds, UK This insightful book explores the acute challenges presented by the `internationalisation' of law, a trend that has been accelerated by the growing requirement for academics and practitioners to work and research across countries and regions with differing legal traditions. The authors have all confronted these challenges of internationalisation through their extensive knowledge and experience in civil law, common law and mixed jurisdictions around the globe. Their analysis of the implications for researchers and teachers, as well as practitioners, law-makers and reformers is original and their different proposals for dealing with the challenges are both practical and at times, radical. This book is a must-read for those exposed to the internationalisation of law, be they academics, cross border practitioners, judges, arbitrators, or those engaged in legal reform and policy.

If, as John Rawls famously suggests, justice is the first virtue of social institutions, how are we to understand the institution of contract law? This book proposes a Rawlsian theory of contract law. It argues that justice requires that we understand contract rules in terms of the idea of reasonable, terms of interaction - that is, terms that would be accepted by reasonable persons moved by a desire for a social world in which they, as free and equal, can cooperate with others on terms they accept. On that basis, the book explains the main doctrines of contract law, including those governing third parties, in both the Common Law and the Civil Law.

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.

The Collection of Anselm of Lucca (1081-1083), which was named by Cardinal Alphons M. Stickler 'the best Gregorian work' comprises papal letters, conciliar canons, patristic material and Roman law texts. The text analysis of twelfth century manuscripts has been improved by the understanding of the origin of this collection's recensions, which constituted the instruction at the cathedral school. Prof. Manlio Bellomo's opinion looks upon the traditional idea of the 'intact literary work' as an exploded idea with regard to the written works of the university instruction system. This opinion can also be affirmed regarding Anselm's Collection.

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.

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.

With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law.
In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.

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 studies the U.S. Supreme Court and its current common law approach to judicial decision making from a national and transnational perspective. The Supreme Court's modern approach appears detached from and inconsistent with the underlying fundamental principles that ought to guide it, an approach that often leads to unfair and inefficient results. This book suggests the adoption of a judicial decision-making model that proceeds from principles and rules and treats these principles and rules as premises for developing consistent unitary theories to meet current social conditions. This model requires that judicial opinions be informed by a wide range of considerations, beginning with established legal standards but also including the insights derived from deductive and inductive reasoning, the lessons learned from history and custom and ending with an examination of the social and economic consequences of the decision. Under this model, the considerations taken to reach a specific result should be articulated through a process that considers various hypotheses, arguments, confutations, and confirmations, and they should be shared with the public."

The Second Formation of Islamic Law is the first book to deal with the rise of an official school of law in the post-Mongol period. The author explores how the Ottoman dynasty shaped the structure and doctrine of a particular branch within the Hanafi school of law. In addition, the book examines the opposition of various jurists, mostly from the empire's Arab provinces, to this development. By looking at the emergence of the concept of an official school of law, the book seeks to call into question the grand narratives of Islamic legal history that tend to see the nineteenth century as the major rupture. Instead, an argument is formed that some of the supposedly nineteenth-century developments, such as the codification of Islamic law, are rooted in much earlier centuries. In so doing, the book offers a new periodization of Islamic legal history in the eastern Islamic lands.

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.

The role of global capital in relation to human social systems has assumed enormous proportions in liberalised, deregulated markets. States attempt to nationalise it, financial centres spring up in its wake, and INGOs attempt to deal with its de-territorialising, supranational characteristics. A global adjudication system (arbitration) has been introduced to safeguard and buttress its flow. The power of Islamic capital has generated numerous sites of legal contestation and negotiation, ranging from gateway financial centres, international law firms and transnational financial institutions, all of which interact in the production of Islamic financial law (IFL). The process of producing IFL illustrates complex fields of action driven by power dynamics, neoliberal paradigms and the institutional momentum of the global economy. The municipal legal systems under study in this book (the United Kingdom, Bahrain, United Arab Emirates and the Dubai International Financial Centre) illustrate globalisation's acceleration of legal, economic and social production.