Legalized Killing examines the self-defense laws of America, especially the so-called castle laws of states like Texas and Oklahoma, where citizens can use deadly force even if they merely think they are threatened, which in hindsight might not be true. These laws supposedly protect citizens from prosecution if they injure or kill an intruder in self-defense, and they also disallow civil lawsuits against the one defending. But there is an inherent weakness in these laws, which can be found in the answer to a simple question: was it genuine self-defense, where the choice was shoot or die, or was the incident suspicious, clearly not necessary or related to a dispute between the individuals involved? Applying this question to real life incidents finds that many so-called self-defense shootings were not true life or death necessities, yet the one doing the shooting was nevertheless protected by the castle law. That kind of outcome shows a serious weakness. In some states deadly force can be used almost anywhere, e.g., on the road, at a park, at the workplace, etc -- any place a person has a right to be. These laws no doubt protect some who are forced to defend their lives, but they also pose a hazard to other individuals; they almost invite murders and a trigger-happy mentality from certain elements of society. Meter readers and children who wander into a neighbor's yard are thus put at risk. Legalized Killing takes note of the variability of justice, as evidenced by examples where the laws apparently worked correctly and others where they failed miserably. Legislators, members of the legal and law enforcement communities and private citizens alike share in the substantial ignorance of what can or cannot be done in a self-defense situation, or better stated, what should or should not be done. Misconceptions of what is allowed thus create the dangers. Very few citizens actually know what the statutes contain, and that has led to unwarranted shootings. For example the use of deadly force to defend property is not allowed. A couple in Texas killed a seven year old boy who was going to the bushes to urinate, thinking that the Texas law allowed it Awareness of such dangers, a hopeful outcome of this book, can actually save lives by steering individuals away from the castle law situation, because there are ways to get into it in total innocence (and very quickly). Similarly, if those who think the castle laws give them a license to kill are caused to realize that a court's decision of justifiable homicide is not a sure outcome, perhaps better judgment will be used. There are many books devoted to the subject of using weapons in self-defense, but Legalized Killing focuses on the problems posed by the castle laws. Only two chapters of Legalized Killing examine the reasons why people own guns along with the nature of the criminal intruder and the actual use of a gun. The book would not be complete without a consideration of those issues. The other eight chapters examine the book's main focus: failures of the castle laws and their conflicts with other laws, the factors that cause the self-defense situation, a comparison of self-defense laws state-by-state and a forum of quotations that reveals the level of ignorance that exists in 2011. The book's emphasis is upon avoidance of trouble and using good judgment. It is well worth knowing about these laws because they have the potential to affect everyone, young or old, rich or poor, innocent or criminal-minded, often with fatal consequences.

"By nearly every measure, Americans are less engaged in their communities and political activity than generations past." So write the editors of this volume, who survey the current practices and history of citizenship education in the United States. They argue that the current period of "creative destruction"-when schools are closing and opening in response to reform mandates-is an ideal time to take an in-depth look at how successful strategies and programs promote civic education and good citizenship. Making Civics Count offers research-based insights into what diverse students and teachers know and do as civic actors, and proposes a blueprint for civic education for a new generation that is both practical and visionary.

The first part of the book critically evaluates the evolution of the separate intra-EU child abduction regime and examines the extent to which the European Union complied with its standards of good legislative drafting during the negotiations on the Brussels II bis Regulation. It seeks to demonstrate that there was no real legal need for the involvement of the European Union in the area of child abduction and for the tightening of the 1980 Hague Abduction Convention return mechanism. The second part of the book presents findings of a statistical survey into the operation of child abduction provisions of the Brussels II bis Regulation in the first year of the functioning of the instrument and reveals how effectively the intra-EU return mechanism operated in that year. Based on the findings of the statistical survey, the book identifies and discusses a number of points of concern in respect of the functioning of the new child abduction scheme. Finally, the book investigates whether the Brussels II bis Regulation has added any value in the area of child abduction.

Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.

'Intellectual property and private international law' was one of the subjects discussed at the 18th International Congress of Comparative Law held in Washington DC (July 2010). This volume contains the General Report and 20 National Reports covering the US, Canada, Japan, Korea, India, and a number of European countries (Austria, France, Germany, UK, Spain, etc). The General Report was prepared on the basis of the National Reports. The national reporters not only describe the existing legal framework, but also provide answers to 12 hypothetical cases concerning international jurisdiction, choice-of-law, and recognition and enforcement of foreign judgments in multi-state intellectual property (IP) disputes. Based on their answers, the main differences between legal systems - as well as the shortcomings of the cross-border enforcement of IP rights - are outlined in the General Report. The Reports in this volume analyze relevant court decisions, as well as recent legislative proposals, such as the ALI, CLIP, Transparency, Waseda, and Korean Principles. The book is therefore a significant contribution to the existing debate in the field, and it will be a valuable source of reference in shaping future developments in the cross-border enforcement of IP rights in a global context. (Series: Studies in Private International Law - Vol. 10)

Private law has long been the focus of efforts to explain wider developments of law in an era of globalization. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualize the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape - of 'hard' and 'soft' laws; official, unofficial, direct, and indirect modes of regulation, rules, recommendations, and principles; as well as exploring the concept of governance through disclosure and transparency - this book develops a theoretical framework of transnational legal regulation. Now available in paperback, Rough Consensus and Running Code describes and analyzes different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market.' The chosen examples, from two of the most dynamic legal fields in the transnational arena today, serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation. (Series: Hart Monograph in Transnational and International Law)

The governing law of companies is a subject which has attracted much attention - from academics and practitioners alike - ever since the European Court of Justice began receiving references for preliminary rulings concerning the compatibility of protective conflict of corporate law norms with the EC Treaty provisions concerning freedom of establishment. Although recent developments have been less controversial than the ground-breaking judgment in Centros, they have not only consolidated the general thrust of liberalization occasioned by the Court of Justice, but have added new dimensions to the regulatory landscape. These developments include amendments to the European constitutional order enshrined in the Lisbon Treaty, European legislation on cross-border mergers, the proposed statute for a European Private Company, the judgment of the Court of Justice in Cartesio, and a Commission communication that contemplates the introduction of legislation on the governing law of companies. This book examines these recent developments and appraises the current law - as well as the foreseeable trajectory of the law - within a theoretical setting that addresses the socio-economic and legal-theoretical concerns associated with choices of the governing law of companies. In addition to considering the present and probable future state of EU law, the book also develops a new theoretical perspective and proposes novel solutions to long-standing dilemmas. In particular, it suggests that the use of information technology may render possible the previously impossible compromises between party autonomy and the proper locus of prescriptive sovereignty. (Series: Studies in Private International Law - Vol. 9)

The decentralization of competition law enforcement and the stimulation of private damages actions in the European Union go hand in hand with the increasingly international character of antitrust proceedings. As a consequence, there is an ever-growing need for clear and workable rules to coordinate cross-border actions, whether they are of a judicial or administrative nature: rules on jurisdiction, applicable law and recognition, as well as rules on sharing of evidence, the protection of business secrets, and the interplay between administrative and judicial procedures. This book offers in-depth analysis of these long neglected, yet important, topics. It is the fruit of a research project funded by the European Commission, which brought together experts in academia, practice, and policy-making from across Europe and the United States. The 16 chapters cover the relevant provisions of the Brussels I and Rome I and Rome II Regulations, the co-operation mechanisms provided for by Regulation 1/2003, and selected issues of US procedural law (such as discovery) that are highly relevant for transatlantic damages actions. Each contribution critically analyzes the existing legislative framework and formulates specific proposals that would consolidate and enhance cross-border antitrust litigation in Europe and beyond. (Series: Studies in Private International Law - Vol. 8)

International child abduction occurs when one parent wrongfully (i.e. in breach of the parental responsibility of the other parent) takes a child to a country other than that of the child's habitual residence, or wrongfully keeps a child in such a country. The author of this work was part of a research team that conducted a study, partially funded by the European Commission, to examine this problem in Belgium and Hungary, analyzing cases from 2007 and 2008 and interviewing the affected parents. This book is a revised version of the Belgian research report, which sets the problem of child abduction within its international context. It looks at the families in which abductions took place, how preparations were made for an abduction, the quest for the return of the child (including legal proceedings), and the aftermath of the abductions. Throughout the book, the results of the quantitative and qualitative data are explained. What emerges is that when a child is abducted, the solutions offered by the law are often inadequate. Family conflict is a complex societal issue, and child abduction is a severe form of family conflict. Rather than responding to child abduction with strict and contentious legal proceedings, the book argues that solutions based on respect, psychological assistance, and a search for consensus should be favored. (Series: Studies in Private International Law)

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and, the recognition and enforcement of foreign arbitration awards.

Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

Problems in assessment of damages remain among the most contentious aspects of private law disputes. The assessment exercise becomes particularly difficult when one of the parties asks that damages be assessed in some foreign currency or claims that, even though damages should be assessed in the currency of the forum, foreign exchange losses should form a head of loss. The 1975 decision of the UK's House of Lords in Miliangos v George Frank (Textiles) Ltd was revolutionary in that it permitted English courts to award judgment in a foreign currency. Miliangos has been influential throughout the common law world, and courts in the commonwealth and the US now contemplate awarding damages in currencies other than its own. However, that modernization has hardly eliminated the problems in this area. When may a judge assess damages in a currency other than that of the forum? If a court elects to assess damages in its own currency, what conversion date should it select in converting from a foreign currency that was relevant to the obligations between the parties? In an age of fluctuating currencies, questions of this nature present judges with choices involving significant financial implications. This book takes a comparative look at how common law courts have addressed damages claims when foreign currencies are involved, and at the statutory responses to that issue. It describes the practices of UK courts, Commonwealth courts, and US courts in this field, and it draws both on principles of private international law and of damages assessment to analyze current practice. It is essential reading for lawyers who deal with conflicts of laws and financial and banking law.

avoiding gaps and provide a claimant with limited forum shopping possibilities. In that same vein, the paradigm proposed by Ms. Van Lith ought to shift to special grounds of jurisdiction based on sufficient connection between the defendant and the forum state. In that respect, she proposes jurisdiction at the place where the defendant has a fixed place of business from which he carries out business activities directly related to the claimant's contractual claim. Absent such a place of business, jurisdiction is to be vested in the courts of the country where the defendant is engaged in substantial business activities in relation to the contract with a limited forum shopping for a claimant in favour of the court of the defendant's home country. Other general or special grounds for jurisdiction (such as claimant-related connections or property-based connections) are rejected because they do not meet the proposed paradigm of sufficient connection. As to exceptions to international jurisdiction rules as proposed, Ms. Van Lith comes to the conclusion that a general escape provision is to be avoided except for the 'tra- acting business' rule where - in accordance with the paradigm proposed - international jurisdiction can be avoided in favour of the defendant's home court when the dispute is insufficiently connected with the forum making it unfair under the circumstances to expect the defendant to be subjected to the jurisdiction of that court. In this respect, a balanced approach to predictability and flexibility is being proposed.

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School Libraryocm18606066Boston: Little, Brown, 1858-1862. 2 v.; 23 cm.

Bulgarian private law has always been at crossroads: it has diverse influences from both Western and Eastern Europe, and it has seen many turning points because of Bulgaria's tumultuous past, including a communist regime. This book examines its fascinating and turbulent development from the end of the 19th century to the present day and highlights its distinctive features from a comparative perspective. Its main goal is to foster a better understanding of the current messy state of Bulgarian private law particularly the law of obligations and property law and an appreciation for its rich heritage.The book begins by reflecting on why the study of Bulgarian private law is worthwhile. Literature in the English language on East European laws, especially on Bulgarian law, is scarce. Beyond responding to a gap in knowledge, the author argues that research into Bulgarian law may challenge the traditional taxonomies of comparative law, enrich the understanding of the common lawcivil law divide, showcase the importance of context in legal development, and help address the difficulties of harmonisation of law in the EU. Subsequently, the book provides an overview of the scattered sources of Bulgarian private law, since Bulgaria does not have a civil code. It also traces the turbulent history of Bulgarian private law over the past century and a half to shed light on how the unexpected vibrant patchwork observed today came to be, and shatters myths about Bulgarian law spread due to years of communist censorship. The author then explains the complex fabric of Bulgarian contract law which emerges from legislation, scholarly writing and case law, surveys the hazy realms of tort and unjust enrichment, and examines the fascinating transformations of the right to property which required the re-invention of property law twice over the past 100 years. This is followed by a discussion on whether a reform of Bulgarian private law, including the enactment of a civil code, is necessary, as well as an evaluation of Bulgarian private law's preparedness to help tackle the challenges of the 21st century, such as the digitalisation of trade, environmental problems, the protection of human rights, and the consequences of the COVID-19 pandemic. Finally, the book recommends and explains, in context, literature for those willing to broaden their understanding of Bulgarian private law. Bulgarian Private Law at Crossroads is written for students, academics, and practitioners interested in comparative law, as well as for any open-minded jurist wishing to discover more about the Bulgarian legal culture.

There has been significant reform in Singapore private international law in recent years. Developments such as the establishment of the Singapore International Commercial Court, the incorporation of the Hague Convention on Choice of Court Agreements into Singapore law, and the enactment of the Insolvency, Restructuring and Dissolution Act 2018, have all thrown the country into a period of rapid growth. Singapore Private International Law: Commercial Issues and Practice provides a roadmap to assist readers in navigating this changing landscape. In it, Chong and Yip offer an overview of Singapore's legal system, exploring how governmental and judicial efforts have capitalised on Singapore's location at the heart of Asia, its status as a leading financial centre globally, and its modern infrastructure, to make it the hub of choice for cross-border disputes and insolvency and restructuring efforts. Practical guidance is given to matters such as changes to jurisdiction, protective measures, the recognition and enforcement of foreign judgments, general choice of law issues, and issues specific to contract, tort, unjust enrichment, equitable obligations, trusts, property, corporations, and international insolvency and corporate restructuring. The book also looks at how the English common law principles have been implemented and developed in Singapore, with relevant cases, legislation, and foreign sources used to offer a comparative perspective.

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

In Two Volumes. This scarce antiquarian book is included in our special Legacy Reprint Series. In the interest of creating a more extensive selection of rare historical book reprints, we have chosen to reproduce this title even though it may possibly have occasional imperfections such as missing and blurred pages, missing text, poor pictures, markings, dark backgrounds and other reproduction issues beyond our control. Because this work is culturally important, we have made it available as a part of our commitment to protecting, preserving and promoting the world's literature.

This book examines uniform contract law in all relevant areas of legal doctrine and practice, and considers the barriers which exist toward it in modern nation states, namely in the German and English legal systems. The author suggests ways to overcome these obstacles, and develops an autonomous methodology of interpretation of transnational contract principles. The book analyses existing uniform transnational law rules, such as the UNIDROIT Principles of International Commercial Contracts.

The Study Group on a European Civil Code has taken upon itself the task of drafting common European principles for the most important aspects of the law of obligations and for certain parts of the law of property in movables which are especially relevant for the functioning of the common market. Like the Commission on European Contract Law's Principles of European Contract Law, the results of the research conducted by the Study Group on a European Civil Code seek to advance the process of Europeanisation of private law. Among other topics the series tackles sales and service contracts, distribution contracts and security rights, renting contracts and loan agreements, negotiorum gestio, delicts and unjustified enrichment law, transfer of property, and trust law. The principles furnish each of the national jurisdictions a grid reference. They can be agreed upon by the parties within the framework of the rules of private international law. They may provide a stimulus to both the national and European legislator for moulding private law. Beyond this, they aim to further discussion about the creation of a European Civil Code, or a Common Frame of Reference in the area of patrimonial law, by submitting a concrete model. The Principles of European Law are published in co-operation with Bruylant (Belgium), Sellier. European Law Publishers (Germany), Staempfli Publishers Ltd. (Switzerland).

This book is the leading reference on Indonesian private international law in English. The chapters systematically cover the whole of Indonesian private international law including commercial matters, family law, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Indonesian involvement in the harmonisation of private international law globally and regionally within ASEAN. Similarly to the other volumes in the Studies in Private International Law - Asia series, this book presents the Indonesian conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject.

The book deals with the problems generated by those cases of insolvency (either of an individual or of a company) where the presence of contacts with more than one system of law brings into operation the principles and methods of private international law (also known as conflict of laws). Part I of the book is mainly devoted to an examination of the body of rules and practice that has evolved in England during the course of the past two-and-a-half centuries, and surveys the current state of the law derived from a blend of statutory and case authorities. Contrasting approaches under a selection of foreign systems - principally Australia, Canada, France and the USA - are examined by way of comparison. There are up to date accounts of the circumstances under which insolvency proceedings can be opened in respect of debtors which are not primarily based in England, and of the grounds on which English courts will recognise foreign insolvency proceedings and give assistance to the foreign representative of the debtor's estate.;Part II of the book explores the progress towards the creation of international arrangements to co-ordinate and rationalise the conduct of insolvency proceedings which have cross-border features, particularly where the debtor is capable of being subjected to concurrent proceedings in two or more jurisdictions. Central to the developments described in detail in this Part are the EC Regulation on Insolvency Proceedings, in force throughout the UK since May 2002, and the UNCITRAL Model Law on Cross-Border Insolvency, which is due for enactment in the UK.