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.

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

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.

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.

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.

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.

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.

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.

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 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.

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 is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, 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 Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese 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.

This book considers the issues involved in international commercial disputes where set-off has been used. Most such disputes are conducted through arbitration so the focus of this book is on the effect of arbitration proceedings on set-off claims.
The book considers the important institutional rules of arbitration procedure such as the Swiss Rules, the CNUDCI, the ICC rules and others. It covers in some detail the various possible solutions to the issue of applicable law under national and supra-national law. Included in this discussion is an analysis of the Rome I Regulation, the CISG, and the UNIDROIT Principles contained in the PICC and PECL.
There is full consideration of the other relevant matters including enforceability, currency issues, and burden of proof. The last section of the book analyses the position of set off in insolvency, including a general comparative look at the situation in common and civil law, and concluding with an explanation of the effect of the European Regulation on Insolvency Proceedings.
Set-off is a commonly used but complex device used to avoid the cumbersome transfer of money in international commercial transactions. The situation is made even more complex when disputes arise bringing issues of applicable law and jurisdiction. This book raises the potential issues and analyses the probable solutions with reference to national and international laws and arbitral rules. It will assist common law practitioners with practical solutions under major civil law jurisdictions and vice versa.

This text provides direct access to civil procedural law in England and Wales, France, Luxembourg, Belgium, the Netherlands, Germany and Italy. It is intended to be a student's first exploration of foreign civil procedure law, as well as a broad orientation for practitioners. The consistent and systematic approach to the subject matter of each country enhances the accessibility of the book. Comparison between the various systems is facilitated by a chapter presenting a comparative analysis. Up-to-date sources are summarized for each country. The book also deals with private international law, in particular with aspects of jurisdiction, recognition and enforcement.

Private International Law in the Netherlands and its 1995 Supplement provide Dutch and foreign lawyers with an up-to-date survey of the present state of private international law in the Netherlands. The book describes Dutch private international law as it is applied by the courts. The more important cases are summarized throughout the text. At the end of each chapter the reader will find references to international agreements and legislative materials and literature. This publication contains four parts. The appendices set out the most important treaties and statutes; extensive indices and cross-references are included for the purpose of quick reference. The Supplement updates the publication and follows the general scheme of the main work. Although the supplement's authors originally set out to prepare a summary update, the resulting work is quite extensive. In 1995 private international law in the Netherlands is even more fragmented than it was in 1987 and cannot be described in just a few pages. The manuscript for this supplement was completed in January 1995.

Claiming a Promised Inheritance examines those cases where a person is promised a future inheritance and, having acted on it, later discovers that the promise is unfulfilled. The book structures its analysis and argument around the stories of disappointed promisees and their unfulfilled expectations of a future inheritance, and how they might seek redress. It maps and compares the various, and often very diverse range of legal responses that a promisee can avail herself of across different legal areas of the law (ranging from contract law to property law, employment law, unjust and unjustified enrichment law, and succession law) and in both common and civil law traditions. Braun asks how these responses protect the interests of promisees and whether they are sensitive to the context in which such promises are expressed. In doing so, the focus rests on the level of protection the various forms of redress grant, their scope, and the challenges promisees face when brining a claim, but also on the values and interests that are at stake when granting relief. This book argues that due to the social and legal context within which promises of a future inheritance are normally made, promisees are usually in a vulnerable position that can easily by exploited. It further argues that the law is usually more acutely attuned to the risks that the promisor incurs and that greater attention should be paid to the challenges promisees face. Claiming a Promised Inheritance thus complements the traditional viewpoint by bringing into focus the (too often ignored) perspective of promisees.