Trust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.

Two decades ago, V. Spike Peterson published a book titled Gendered States in which she asked, what difference does gender make in international relations and the construction of the sovereign state system? In the intervening years, a wealth of feminist scholarship has responded to her question, but in doing so, has looked past the nation state to consider the gendered dimensions of issues such as human rights, nationalist movements, development, and economic globalization. Moreover, since 2001, feminist international relations has also focused on international security, forging a new subfield of feminist security studies that revisits more traditional IR topics such as war and national security, albeit from very different perspectives. With a preface by V. Spike Peterson, this book aims to connect the earlier debates of Peterson's book with the gendered state today, one that exists within a globalized and increasingly securitized world. Bringing together an international group of contributors from the Global South, United States, Europe, and Australia, this volume will answer three overarching questions. First, it will answer whether the concept of a "gendered state" is generic or if some states are particularly gendered in their identities and interests, and with what implications for the type of citizenship, society, and international security. Second, it will look at the continued theoretical significance of the gendered state for current IR scholarship. And, finally, it will explain to what extent postcolonial states are distinctive from metropolitan states with regard to gender. Including scholars from International Relations, Postcolonial Studies, and Development Studies, this volume collectively theorizes the modern state and its intricate relationship to security, identity politics, and gender.

A globe circling grand slam against drug prohibition. A scathing indictment of the war on drugs. Seattle Police Chief (Ret) Norm Stamper: " For decades, Dean Becker has given himself over to the cause of sane and sensible drug policies. In 'To End the War on Drugs', he explains his passion for reform, and tells us why he's been willing to make sacrifice after sacrifice to end this country's disastrous drug war. Along the way, we hear from scores of reformers (and more than a few apologists for U.S. drug policy). But it is Dean's voice that comes through loud and clear as he makes a strong, compelling case for an end to the War on Drugs." Authored by Pacifica radio host and former cop Dean Becker. This book features the thoughts of 115 experts on the subject of drug war. Included are the words of scientists, doctors, cops, wardens, prosecutors, politicians, authors, prisoners, patients, pastors, pot providers and more. 340 pages of unvarnished truth that will help bring an end to this century of lies.

This book grew out of a major European Union (EU) funded project on the Hague Maintenance Convention of 2007 and on the EU Maintenance Regulation of 2009. The project involved carrying out analytical research on the implementation into national law of the EU Regulation and empirical research on the first year of its operation in practice. The project also engaged international experts in a major conference on recovery of maintenance in the EU and worldwide in Heidelberg in March 2013. The contributions in this book are the revised, refereed and edited versions of the best papers that were given at the conference. The book is divided into four parts: (i) comparative context (ii) international, looking at national and non-European regional practice and how the Hague Convention could change things; (iii) international and the EU, looking at issues covered by both the Hague Convention and the EU Regulation; and (iv) the EU - looking at the Maintenance Regulation. This is the first study to look carefully at both of the new cross-border maintenance regimes globally and in Europe and to begin the examination of the practical operation of the latter regime. The approval of the Hague Convention by the EU on 9 April 2014 is a major step forward for its practical significance in enabling the recovery of child and spousal support, as from 1 August 2014 all of the 28 EU Member States apart from Denmark will be bound by the Convention.

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. These laws could be in conflict with other laws and constitutional provisions. There is no statute of limitations for murder; do these laws create an exception? Is the denial of legal redress to survivors even constitutional? 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 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 main focus: failures of the castle 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.

This book contains a series of essays on conflict laws, including jurisdiction of the courts, choice of law, renvoi, property, recognition of family status, and recognition of foreign corporations. It is not a text-book, but an analysis and criticism of existing principles with recommendations for reform and for a different approach to the subject. In general, an approach is advocated that will be simpler and less abstract and doctrinaire than at present, and better integrated with the ordinary laws of the forum. The recommendations made could be thought of as principles on which to build a reform of conflict of laws or a model code. The first two chapters deal with jurisdiction and choice of law, two distinct topics, with different considerations of policy, which have not always been kept distinct by judges and text writers. The third chapter considers certain questions of legal interpretation, mainly in the construction of money obligations expressed in a foreign currency. This shows a working out of the problems of contract analysis and interpretation which are dealt with more generally in other chapters. Another chapter discusses property law, a branch of the law which has been influenced, historically, by the doctrine of situs, and the recognition of status in family law and in corporation law. The concluding chapter draws together the main results of the preceding discussion and states from basic principles, one of which is that there is a need "for greater unity between the conflict rules and the general law," and for "allowing, where appropriate, the influence of legal systems other than that of the forum." Professor Baxter's discussion clearly shows that the complexity of current legal theory can lead to unjust rulings in the courts, and his case for greater simplification is argued compellingly.

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.

It is the thesis of this fascinating and highly instructive book on competition law that an examination of one landmark case, scenario, or 'saga' each from a range of legal systems leads to a thorough understanding of the issues informing and arising from competition policy, law, and legal practice. To this end, leading scholars from 14 jurisdictions supplement their academic authority and rigour with an element of panache to describe a particularly salient case in each of their countries, commenting in depth on the contribution of the case to the development of their particular competition law culture and to the case's enduring significance for competition law and its enforcement from a global perspective. There are chapters for each of thirteen countries as well as the European Union, preceded by an informative and thoughtful introduction.

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in South Africa. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert.

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)

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Turkey. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert.

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.

Title: Dissertations on the questions which arise from the contrariety of the positive laws of different states and nations.Author: Samuel LivermorePublisher: Gale, Sabin Americana Description: Based on Joseph Sabin's famed bibliography, Bibliotheca Americana, Sabin Americana, 1500--1926 contains a collection of books, pamphlets, serials and other works about the Americas, from the time of their discovery to the early 1900s. Sabin Americana is rich in original accounts of discovery and exploration, pioneering and westward expansion, the U.S. Civil War and other military actions, Native Americans, slavery and abolition, religious history and more.Sabin Americana offers an up-close perspective on life in the western hemisphere, encompassing the arrival of the Europeans on the shores of North America in the late 15th century to the first decades of the 20th century. Covering a span of over 400 years in North, Central and South America as well as the Caribbean, this collection highlights the society, politics, religious beliefs, culture, contemporary opinions and momentous events of the time. It provides access to documents from an assortment of genres, sermons, political tracts, newspapers, books, pamphlets, maps, legislation, literature and more.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.++++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: ++++SourceLibrary: Huntington LibraryDocumentID: SABCP02070300CollectionID: CTRG96-B3312PublicationDate: 18280101SourceBibCitation: Selected Americana from Sabin's Dictionary of books relating to AmericaNotes: Cover title. "No. I. Containing two dissertations." No more published.Collation: 172 p.; 28 cm

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.

This volume is an authoritative and complete yet compact presentation of private international law--or conflict of laws--in the United States of America. Its author is the world's leading expert on comparative conflicts law today. (M. Reimann, Comparative Law and Private International Law, in The Oxford Handbook of Comparative Law 1363 at 1380 (2006)). Having studied and taught law in both Europe and the United States, the author is uniquely qualified to identify and explain in language understandable to readers outside the U.S. the American peculiarities of the subject. His three-decades experience in writing on thousands of American judicial decisions is particularly valuable in understanding and presenting the practical essentials of the subject to practitioners and academics alike.American courts encounter, at a rate of more than two thousand per year, conflicts among the laws of the fifty U.S. states (interstate conflicts) and between state or federal laws and those of foreign countries (international conflicts), thus making American conflicts law one of the richest and most complex in the world. This volume explains the differences between the two categories and presents the established and emerging jurisprudence in a concise and clear manner, while also providing an enlightening discussion of the multifaceted role of U.S. federalism, which is essential to the foreign reader's understanding of American conflicts law.Dr Symeonides has done a great service in collecting and organizing this scattered material into a coherent but non-technical and readily usable whole that offers all interested lawyers an easy-to-use but authoritative overview of the subject. The discussion includes:the federal-state allocation of lawmaking and judicial powers; the constitutional limitations on state choice of law; the resolution of conflicts between federal and foreign law; recognition of sister-state and foreign-country judgments; judicial jurisdiction in interstate and international conflicts; recognition of sister-state and foreign-country judgments; the choice-of-law revolution and its aftermath; and choice of law in torts, products liability, contracts, status and domestic relations, property, marital property, successions, and statutes of limitation.

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.