It is now well established that the law of unjust enrichment forms an important and distinctive part of the English law of obligations. Restitutionary awards for unjust enrichment and for wrongdoing are clearly recognised for what they are. But these are recent developments. Before the last decade of the twentieth century the very existence of a separate law of unjust enrichment was controversial, its scope and content matters of dispute. In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.

This collection of twelve essays examines the use of mediation in intranational as well as international disputes so that parallels and similarities between various approaches could be emphasized and the whole approach viewed as a universal means of managing human conflict. Initial chapters treat mediation as a concept, beginning with an analysis by editors Mitchell and Webb entitled "Mediation in International Relations: An Evolving Tradition." Other contributors examine the Falklands/Malvinas conflict, outline lessons from the South Tyrol on third-party mediation in national minority disputes, and analyze mediation attempts by the World Council of Churches in the Sudan Civil War. South African initiatives and the use of hypergames as an aid to mediation are also discussed. A concluding essay on "Paradigms, Movements, and Shifts" as indicators of social invention concludes the volume. The editors' introduction attempts to link the various topics and to place each contribution within the overall approach and philosophy of the book. Innovations are characterized into three types: innovation in the applications of mediatory processes, innovation of technique with the development of new forms of mediation, and innovation of practitioner, with new organizations and individuals acting as intermediaries. The interdisciplinary approach of this work and the efforts of its editors to provide a broad analytical framework for the study of mediation will make this volume useful for political science and history courses. It will also serve as a useful guide to policymakers and diplomats.

14 September 1766. Prime Minister William Pitt proposes the Columbia Compromise, unifying the Kingdom of Great Britain and her colonies and establishing a framework for North American representation in Parliament. The American War of Independence is over before it begins. This is the history of British North America. This anthology includes nine original stories from six authors. Each delves into events along the timeline between this point of divergence from established history up to the present day, from the uncertainty of early colonial conflicts to the devastation on the front line of the War of Wars, from the politics underpinning a British mission to land a man on the moon to rivalry on the cricket grounds of New England. Accompanied by extensive appendices including maps, biographies, letters and diaries, they collectively describe an alternate history of the sisterhood between a very British North America and Great Britain, the story of Columbia and Britannia.

Landmark Cases in Equity continues the series of essay collections which began with Landmark Cases in the Law of Restitution (2006) and continued with Landmark Cases in the Law of Contract (2008) and Landmark Cases in the Law of Tort (2010). It contains essays on landmark cases in the development of equitable doctrine running from the seventeenth century to recent times. The range, breadth and social importance of equitable principles, as these affect commercial, domestic and even political matters are well known. By focusing on the historical development of these principles, the essays in this collection help us to understand them more clearly, and also provide insights into the processes of legal change through judicial innovation. Themes addressed in the essays include the nature of the courts' equitable jurisdiction, the development of property rights in equity, constraints on the powers of settlors to create express trusts, the duties of trustees and other fiduciaries, remedies for breach of these duties, and the evolution of constructive and resulting trusts.

Landmark Cases in the Law of Contract offers twelve original essays by leading contract scholars. As with the essays in the companion volume, Landmark Cases in the Law of Restitution (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth - to the late twentieth - centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.This book contains a collection of new and original articles on the famous contract cases. It includes contributions from well-established scholars analysing both current and historical aspects of contract law. The analysis of the cases will be of interest to barristers, academics and judges.

This volume describes what is arguably the first and only valuation study to meet in full the reference study standards set by NOAA's Blue Ribbon Panel on Contingent Valuation. This book documents a contingent valuation study for a generic environmental good: preventing the likely injuries from oil spills on the coast of Central California. It provides a wealth of materials which will reduce the long lead time which characterizes most economic damage assessments. This is achieved by so richly documenting the design, administration, and analysis of such studies as to be effectively a 'how-to' guide for undertaking state-of-the-art contingent valuation studies. The book is supported by a CD-ROM containing a wealth of additional material, including data, questionnaires, and transcripts. Together, they constitute a unique and vital contribution to the literature concerning the valuation of non-market preferences.

Constructive and resulting trusts have a long history in English law, and the law which governs them continues to develop as they are pressed into service to perform a wide variety of different functions, for example, to support the working of express trusts and other fiduciary relationships, to allocate family property rights, and to undo the consequences of commercial fraud. However, while their conceptual flexibility makes them enormously useful, it also makes them hard to understand. In the twelve essays collected in this volume, the authors shed new light on various aspects of the law governing constructive and resulting trusts, revisiting current controversies, bringing new historical material to the fore, and offering new theoretical perspectives.

This volume contains the proceedings of the IFIPTM 2008, the Joint iTrust and PST Conferences on Privacy, Trust Management and Security, held in Trondheim, Norway from June 18 to June 20, 2008. IFIPTM 2008 provides a truly global platform for the reporting of research, development, policy and practice in the interdependent areas of Privacy, Security, and Trust. Following the traditions inherited from the highly successful iTrust and PST conference series, IFIPTM 2008 focuses on trust, privacy and security from multidisciplinary perspectives. The conference is an arena for discussion about re levant problems from both research and practice in the areas of academia, busi ness, and government. IFIPTM 2008 is an open IFIP conference, which only accepts contributed pa pers, so all papers in these proceedings have passed strict peer review. The pro gram of the conference features both theoretical research papers and reports of real world case studies. IFIPTM 2008 received 62 submissions. The program commit tee selected 22 papers for presentation and inclusion in the proceedings. In addi tion, the program and the proceedings include 3 demo descriptions. The highlights of IFIPTM 2008 include invited talks and tutorials by industri al and academic experts in the fields of trust management, privacy and security, including Jon Bing and Michael Steiner.

Leadership matters more than ever in this turbulent moment in American higher education. During these unprecedented times, glaring internal inefficiencies, communication breakdowns, and an overriding sense of cultural inertia on many campuses are too often set against a backdrop of changing consumer preferences, high sticker prices, declining demand, massive tuition discounting, aging infrastructure, technological and pedagogical alternatives, and political pressure. Strategic leadership in such a complex environment needs to be exercised in nuanced ways that differ from those embraced by corporate cultures. In Leadership Matters, W. Joseph King and Brian C. Mitchell argue that the success of higher education institutions depends on strategic leaders who can utilize the strengths of their institutions and leaders to balance internal pressures, shifting demographics, global education needs, and workforce preparation demands beyond the college gates. Drawing on their extensive experience, the authors guide senior administration, trustees, and presidents on how to lead during immense financial, demographic, and social challenges. King and Mitchell believe that, to survive, colleges must be well run-flexible, effective, and forward thinking. The authors begin with a fundamental premise-that colleges and universities must evolve and adapt by modernizing their practices, monetizing their assets, focusing on core educational strategies, and linking explicitly to the modern world. Discussing a broad range of leadership positions, including presidents, provosts, and board chairs, Leadership Matters touches on strategic planning, management and operations, stakeholder relations, campus and community, accreditation and athletic conferences, and much more. The authors offer an optimistic assessment based upon frank and stark conclusions about what colleges must do-and must not do-to remain relevant in the coming decades.

During the early twentieth century, Vietnam was a cosmopolitan country, influenced not only by its Chinese and Khmer neighbors, but also by the French and other Europeans. This fascinating book is among the first in English to document the output of Vietnamese craftspeople and manufacturers from this period. Lacquer work, carvings, textiles, and ceramics are among the wonderful crafts illustrated in 302 color photographs. These are placed in their cultural context with a detailed text and insights from the author, who has lived in the region for many years. Collectors of Southeast Asian artifacts finally have a reference to help identify Vietnamese craft items, their meaning in the Vietnamese culture, and their current values.

Mitchell analyses the extent to which the current political paradigm is capable of meeting the challenges of climate change. She argues that unless there are fundamental changes to policy-making, it is unlikely that energy policies will be able to deliver sufficient change to enable a move to a sustainable energy economy.

We are faced with the twin urgent challenges of delivering a low carbon and secure energy system. The last few years have seen Britain moving from being a net exporter to a net importer of energy. The threat of climate change has led to the slow but inexorable inclusion of environmental concerns in mainstream energy policy. Against this backdrop, economic and political power around the globe has altered, creating a complex, multipolar world. Rising concerns about the long term availability and price of oil, gas and uranium only add to the challenges facing Britain. This timely volume brings together key researchers and practitioners from a wide range of disciplines, including energy policy, international relations and supply chains, to explore the practical policy options in addressing energy security in Britain.

Landmark Cases in the Law of Tort contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day. It is the third volume in a series of collected essays on landmark cases (the previous two volumes having dealt with restitution and contract). The cases examined raise a broad range of important issues across the law of tort, including such diverse areas as acts of state and public nuisance, as well as central questions relating to the tort of negligence. Several of the essays place cases in their historical context in ways that change our understanding of the case's significance. Sometimes the focus is on drawing out previously neglected aspects of cases which have been - undeservedly - assigned minor importance. Other essays explore the judicial methodologies and techniques that worked to shape leading principles of tort law. So much of tort law turns on cases, and there are so many cases, that all but the most recent decisions have a tendency to become reduced to terse propositions of law, so as to keep the subject manageable. This collection shows how important it is, despite the constant temptation to compression, not to lose sight of the contexts and nuances which qualify and illuminate so many leading authorities.

This work is an analysis of the whole frontier between religion and the environment. It deals in turn with their interactions and the effects of each on the other in the major world religions. It considers the religious impact on human uses of time, space, materials, transport, foods, and the environmental effects of religious influence on major topics such as population pressures, morbidity, mortality, marital arrangements, contraception, the treatment of animals, and environmental management.

Building upon Mitchell's earlier work, The Structure of International Conflict, this volume surveys the field of conflict analysis and resolution in the twenty-first century, exploring the methods which people have sought to mitigate destructive processes including the creative and innovative new ways of resolving insoluble disputes.

The rapid emergence of digital media has created both new economic opportunities and new risks for authors, publishers, and users in regards to intellectual property. There is a theoretical conflict raging between those who believe "information should be free" and those attempting to protect intellectual property through surveillance and control of access. The Intellectual Commons works to develop a theory of intellectual property that is based on a theory of natural rights that assumes the existence of a "natural world" of intellectual resources. Chett Mitchell develops a moral framework that makes cooperation among the groups involved rather than conflict central to understanding intellectual property rights. Drawing on early modern theorists such as Grotius, Pufendorf, and Locke as well as the intellectual theory of copyright put forth by L. Ray Patterson, Mark Rose, and Michel Foucault, Intellectual Commons presents a way to bring IP theory and practice together. This book is an important addition to the intellectual property debate and a must for law students, communication theorists, and any person interested in the future of digital media rights.

While continental and comparative lawyers have recently rediscovered succession law as an area of immense practical importance deserving greater academic attention, it is still a neglected field in England. This book aims to reinvigorate the English debate. It brings together contributions by leading academics and practitioners engaging with topical issues as well as questions of fundamental importance in succession law and estate planning. The book will be of interest to both academics and practitioners working in the field, and to non-English comparative lawyers.

Why would a famously centralized Latin American state begin to re-distribute political power to cities and towns? In the Dominican Republic in the years between 1994 and 2008, a pro-municipal social alliance pressed for decentralization and politicians yielded, seeking power in three-party competition. Reformers utilized the central dynamics of a patrimonial system in order to reform it as rival parties and factions formed a series of shifting temporary alliances on municipal issues. Based on contemporary files and more than 60 interviews with participants, this study examines how electoral, financial, and administrative power has been dispersed. Non-concurrent local elections made municipal political leaders more autonomous; new laws multiplied central revenue-sharing twelve-fold; the centralist Ministry of Municipalities was greatly weakened; and participatory budgeting became mandatory nation-wide. The analysis also documents the continuing power of centralist political forces and suggests innovative strategies to maintain decentralizing momentum.

Adaptive Administration: Practice Strategies for Dealing with Constant Change in Public Administration and Policy interprets the critical issues facing the field of public administration today and describes how new approaches to theory and practice have the potential to redesign the field. It will provide you with new strategies for understanding and adapting to the constant change taking place today in public administration and policy. Features: Supports faculty in presenting in their classes new approaches to the field Helps students better understand the concepts and relevance of the field they are studying Provides a means for practitioners to apply more effective approaches to real-world problem solving Enables theory developers to explore new avenues of study Assists professionals from many different fields in better understanding the significance and value of public administration This book develops a unified approach to theory and practice in the field. A new approach is taken to theory development based on applying recent studies by several authors in the areas of qualitative analysis and typologies. As illustrated throughout, many of the existing limited-scope theories in public administration may be extended and generalized for use in today's environment by the studies explored in this volume. More applications of the strategies in this book may be found in the free Snapshot "Designing Public Programs That Work" at https://www.routledge.com/posts/10703.

Based on papers given at a conference at King's College, London, in 1998, Foundations of Charity brings together established scholars in the fields of charity law, public law, and trusts law, and internationally recognized writers on social policy and legal philosophy, from England and Wales, Scotland, Australia, Canada and the United States. The contributors take an iconoclastic approach to the legal definition of charitable status, and provide an in-depth analysis of key concepts in charity law and administration, such as 'public benefit' and 'political activity'. The combination of their different perspectives on 'charity' produces a varied, stimulating, and challenging collection. It should be useful reading for academics, practising lawyers and voluntary sector managers who are looking for a sustained critique of 'charity'.

State pensions are the largest item in the UK social security budget, costing GBP96.7 billion in 2017/18. In the same year, 45.6 million people were members of UK occupational pension schemes (out of a total population of 66.4 million) and the total amount saved into workplace schemes in 2018 was GBP90.4 billion. A consequence of the pensions sector's large size has been that pensions law and social security law have become increasingly specialised areas of practice. Yet despite their social and economic importance and the fascinating legal issues they generate, pensions have not been the subject of sustained academic attention. This book starts to fill this gap by initiating a dialogue between practitioners and scholars working on pensions law and policy, groups who have much to learn from one another.

How can colleges stay relevant in the twenty-first century? Residential colleges are the foundation on which US higher education is based. These institutions possess storied traditions fondly cherished by students, alumni, and faculty. There is no denying, however, that all colleges today struggle with changing consumer preferences, high sticker prices, and aging infrastructure. Technological and pedagogical alternatives-not to mention growing political pressure-present complex challenges. What can colleges and smaller universities do to stay relevant in today's educational and economic climate? In their concise guide, How to Run a College, Brian C. Mitchell and W. Joseph King analyze how colleges operate. Widely experienced as trustees, administrators, and faculty, they understand that colleges must update their practices, monetize their assets, and focus on core educational strategies in order to build strong institutions. Mitchell and King offer a frank yet optimistic vision for how colleges can change without losing their fundamental strengths. To survive and become sustainable, they must be centers of dynamic learning, as well as economic engines able to power regional, state, and national economies. Rejecting the notion that American colleges are holdovers from a bygone time, How to Run a College shows instead that they are centers of experimentation and innovation that heavily influence higher education not only in the United States but also worldwide.

The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.