This is a search of a model for a humane law - where the cruelty ban is still in force. This book however is not intended as an utopian enterprise; the humane law which is looked for is not for the future, nor is it meant as a reform project, or as a programme for new institutions to come. Here the contention is that positive law is better understood, if it is not too easily equated with power, force, or command. Law - it is shown - is more a matter of discourse and deliberation, than of sheer decision or of power relations. Constitutionalism, legal argumentation, legal ethics - three fundamental moments of our daily experience with the law - are there to witness that this view may be right. Now a "constitutional" view of the law and its practice and the connected discoursive approach to legal reasoning can offer interesting solutions also to legal ethics. If we take legal reasoning seriously, and conceive it in a "liberal" way comprising both lawyers and judges, so that adjudication is both a task for advoca
Internationally renowned facilitator and public participation consultant James L. Creighton offers a practical guide to designing and facilitating public participation of the public in environmental and public policy decision making. Written for government officials, public and community leaders, and professional facilitators, The Public Participation Handbook is a toolkit for designing a participation process, selecting techniques to encourage participation, facilitating successful public meetings, working with the media, and evaluating the program. The book is also filled with practical advice, checklists, worksheets, and illustrative examples.
This new edition is a comprehensive manual of the rules of procedure for the conduct of business at the UN General Assembly, at international conferences and at assemblies of inter-governmental organisations such as the IAEA, ICAO, ILO, IMO and WHO. It examines the legal basis of these rules, the history of their development and the attempts at their codification. At the heart of the book is an examination of the practical applications of rules of procedure. Sabel also considers whether certain procedural rules and applications have become so well established that they have now attained the status of customary international law. The book is of interest to those involved in international law, international relations and international organisations. It also serves as a practical manual for delegates to the UN General Assembly and to international conferences.
Do you have a great idea for the next big thing, an eye-catching new corporate logo, or an exciting new business concept? Understand how to safeguard your ideas and creations with this expert guide to the fundamentals of intellectual property. Walking you step-by-step through the processes involved in protecting your great ideas, this book offers all the advice on need to ensure that you're the only one one cashing in on your creativity and hard work.
This indispensable tool provides readers with complete coverage of the issues, methods, and art of valuing and pricing of early-stage technologies including backgrounds in the core concepts, sources of value, methods of valuation, equity realizations, and negotiation strategies.
How can the law of the European Union be most effectivelytaught in the face of the EU's current upheavals? With this newbook a team of specialists provide a comprehensive survey of EUlaw, placing it in its social, political and economic contexts. Thebook's innovative approach, coupled with a stimulating andaccessible writing style, allows the student to engage fully withthe material. The book charts the development of the European Unionfrom its inception to the present day by exploring in detail theEU's institutions, its law-making, its administrative processes andits substantive law. Crucially, it incorporates recent keydevelopments, such as the crisis over the Constitutional Treaty andthe consequences of its apparent 'failure', as well as issuesarising from an enlarged Europe. With cases and materialsintegrated throughout the text and recommended reading sectionsaccompanying each chapter, this is essential reading for allEuropean law students at undergraduate or postgraduate level.
This is a short and succinct summary of the unique position ofRoman law in European culture by one of the world's leading legalhistorians. Peter Stein's masterly study assesses the impact ofRoman law in the ancient world, and its continued unifyinginfluence throughout medieval and modern Europe. Roman Law inEuropean History is unparalleled in lucidity and authority, andshould prove of enormous utility for teachers and students (at alllevels) of legal history, comparative law and European Studies.Award-winning on its appearance in German translation, this Englishrendition of a magisterial work of interpretive synthesis is aninvaluable contribution to the understanding of perhaps the mostimportant European legal tradition of all.
Justice and Equity is a major work on the foundations of normative economics。 The principles established by Kolm have formed the basis of the major lines of study in the field。 The central principles are the ideal equalities in freedom (related to non-envy) and in happiness (approximated by the efficient leximin in fundamental utility)。 Kolm also presents related principles such as fundamental dominance and majorities,realistic equity,and adequacies。 He analyzes thoroughly the reasons, properties, and consequences of these principles。 A foreword for the English-language edition presents the rational necessity of equality and the theory of interpersonal comparisons。
The most trusted name in law school outlines, Emanuel Law Outlines support your class preparation, provide reference for your outline creation, and supply a comprehensive breakdown of topic matter for your entire study process. Created by Steven Emanuel, these course outlines have been relied on by generations of law students. Each title includes both capsule and detailed versions of the critical issues and key topics you must know to master the course. Also included are exam questions with model answers, an alpha-list of cases, and a cross reference table of cases for all of the leading casebooks. --This text refers to an out of print or unavailable edition of this title.
A favorite among law students and professors alike, the Examples & Explanations series is ideal for studying, reviewing and testing your understanding through application of hypothetical examples. Authored by leading professors with extensive classroom experience, Examples & Explanations titles offer hypothetical questions in the subject area, complemented by detailed explanations that allow you to test your knowledge of the topic, and compare your own analysis.
The International Chamber of Commerce's world-renowned Institute of World Business Law, where legal and business experts convene, has devoted an entire publication to money laundering and other forms of corruption: "Arbitration: Money Laundering, Corruption and Fraud." This important Dossier focuses both on the nature of the problem and the lawyer/arbitrator's response to it. This is the first in a series of ICC Institute Dossiers. (See also Arbitration and Oral Evidence and Parallel State and Arbitral Procedures in International Arbitration.) Answers to key questions: This useful text contains the proceedings of a conference on arbitration and money laundering organized by the ICC Institute of World Business Law. It brings the reader the expertise of lawyers, academicians and chartered accountants from a range of countries and addresses the key questions arbitrators and legal practitioners want answered: "Is the arbitrator's role in a case of fraud different from his role in other disputes?" "Is the arbitrat
Since its first publication, Accidents, Compensation and the Law has been recognised as the leading treatment of the law of personal injuries compensation and the social, political and economic issues surrounding it. The seventh edition of this classic work explores recent momentous changes in personal injury law and practice and puts them into broad perspective. Most significantly, it examines developments affecting the financing and conduct of personal injury claiming: the abolition of legal aid for most personal injury claims; the increasing use of conditional fee agreements and after-the-event insurance; the meteoric rise and impending regulation of the claims management industry. Complaints that Britain is a 'compensation culture' suffering an 'insurance crisis' are investigated. New statistics on tort claims are discussed, providing fresh insights into the evolution of the tort system which, despite recent reforms, remains deeply flawed and ripe for radical reform.
Aspen Publishers, headquartered in New York City, is a leading information provider for attorneys, business professionals, and law students. Written by preeminent authorities, our products consist of analytical and practical inform-ation covering both U.S. and international topics. We publish in the full range of formats, including updated manuals, books, periodicals, CDs, and online products. Our proprietary content is complemented by 2,500 legal databases, containing over 11 million documents, available through our Loislaw division. Aspen Publishers also offers a wide range of topical legal and business databases linked to Loislaw's primary material. Our mission is to provide accurate, timely, and authoritative content in easily accessible formats, supported by unmatched customer care.
Arbitration and Oral Evidence, prepared by the ICC Institute of World Business Law, addresses some of the most contentious issues inarbitration procedures. The relationship of written testimony to oral presentation of evidence raises a number of opportunities for abuse. From misleading witness statements to the preparation of unreliable and slanted presentations of experts, the issues raised have divided counsel and arbitrators. This volume, containing papers from distinguished practitioners and arbitrators, provides a balanced and objective view of the problems - and solutions - leading to good general practices that can encourage both fairness and efficiency in the receipt of oral testimony. With this Dossier, the Institute fulfills its dual mission: training and acting as a think-tank for ICC, particularly in the arbitration field. Its chairman since 1999 is Serge Lazareff, a member of the Paris Bar.
“This is a terrific book。With its focus on different situational mechanisms linking social contexts to individual actions,it will appeal not only to criminologists but also to sociologists and other social scientists interested in explaining why individuals do what they do。” - Peter Hedstr m Nuffield College, Oxford “The essays in this volume are amongst the most stimulating and original collections so far published, focusing explicitly on the theoretical foundations of developmental criminology。 They take the analyses way beyond risk factors and a preoccupation with statistical sophistication to address the core questions of the processes through which human beings across the lifecourse shape and are shaped by their environments,and how individual factors and social contexts at multiple levels can be theorized simultaneously。In short,the authors provide a range of powerful new tools for thinking creatively about pathways into and out of crime。”Ross Homel, Foundation Profes
This book contains a selection of essays and articles by John H. Jackson previously published over four decades and collected together into one volume. Each article has been selected for its continued relevance to contemporary issues in international trade. Particular attention has been given to making available articles which have previously been less accessible. For the most part articles are republished in their original form but, where appropriate, the author has clearly marked some omissions and added updating material. In selecting and grouping these writings into six thematic parts, the author has written a short introduction to each part for this book. These range from the origin of the GATT through to the Uruguay round of trade negotiations and the WTO. An important compendium from a globally recognized scholar which must become an indispensable purchase for all concerned with international trade policy issues.
Maister sets out to help professionals align their real-world actions with their true (espoused) values. His frame of reference throughout the book is the professional firm--law firms and others in the service sector. He tells us that successful firms are clearly differentiated by a strict adherence to values and professionalism and that doing the right thing is good business. Professionalism is not a set of competencies but predominantly an attitude; a real professional is a technician who cares. To emphasize the importance of true values in our chaotic marketplace, we learn that the noble path does win, but only if we are prepared to make the investment to act professionally over a long period of time. This is a challenge in today's short-term view of most aspects of business activity. The book addresses the individual professional's values, the firm's responsibilities in the realm of values, and how a firm should deal with its client base in terms of quality and excellence. In addition, the author offers a
When accidents occur and people suffer injuries, who ought to bear the loss? Tort law offers a complex set of rules to answer this question, but up to now philosophers have offered little by way of analysis of these rules. In eight essays commissioned for this volume, leading legal theorists examine the philosophical foundations of tort law. This collection will be of interest to professionals and advanced students working in philosophy of law, social theory, political theory, and law, as well as anyone seeking a better understanding of tort law.
This volume presents a rigorous account of statistical forecasting efforts that led to the successful resolution of the Johns-Manville asbestos litigation. This case, taking 12 years to reach settlement, is expected to generate nearly 500,000 claims at a total nominal value of over $34 billion. The forecasting task, to project the number, timing, and nature of claims for asbestos-related injuries from a set of exposed persons of unknown size, is a general problem: the models in this volume can be adapted to forecast industry-wide asbestos liability. More generally, because the models are not overly dependent on the U.S. legal system and the role of asbestos as a dangerous/defective product, this volume will be of interest in other product liability cases, as well as similar forecasting situations for a range of insurable or compensable events. The volume stresses the iterative nature of model building and the uncertainty generated by lack of complete knowledge of the injury process. This uncertainty is balanc
Unlike most works in constitutional theory, which focus on the role of the courts, this book addresses the role of legislatures in a regime of constitutional democracy. Bringing together some of the world's leading constitutional scholars and political scientists, the book addresses legislatures in democratic theory, legislating and deliberating in the constitutional state, constitution-making by legislatures, legislative and popular constitutionalism, and the dialogic role of legislatures, both domestically with other institutions and internationally with other legislatures. The book offers theoretical perspectives as well as case studies of several types of legislation from the United States and Canada. It also addresses the role of legislatures both under the Westminster model and under a separation of powers system. 作者简介: Richard W. Bauman is Professor of Law at the University of Alberta where he is also Chair of the Management Board of the Centre for Constitutional Studies. He was
This book explores two basic questions regarding constitutional theory. Firstly, how is the creation of a legitimate constitutional regime possible? Second, what must be true about a constitution if the regime that it supports is to retain its claim to legitimacy?
Sad.Mad.Scared.Stressed.Distraught.Distracted.Overwhelmed.Divorce dredges up so many emotions and entails so many financial and legal issues,it's difficult to stay rational and keep your life on track.This savvy,updated guide empowers you to take constructive steps toward a better future.It leads you through preparing for divorce,the process,legal issues,coping,sticky situations,and post-divorce financial and health-care issues.It tells you things attorneys and other advisors may not,and gives unbiased recommendations for negotiating the tricky issues of divorce while keeping your sanity. Vital Information to help you protect your interests in a divorce or in dealings with your future ex,attorneys,financial advisors,and more. Insider Secrets for moving from "I do" to "I don't" with harmony,intelligence,and grace. Money-Saving Techniques to reduce legal fees and court costs. Time-Saving Tips to help you resolve your divorce without going to court. The Scoop on the Latest Trends an
Outspoken, no-nonsense, and eminently fascinating, Joseph M. Arpaio captured the public's imagination from his first day as sheriff of Maricopa County, Arizona, in 1992. He has become an icon, not only in his own state, but all over the world. For 15 years, he has maintained an unprecedented 80% approval rating. Famous for his "get smart and get tough" approach to jails, "Sheriff Joe," as he is universally known, conceived The Tent City Jail where he houses his inmates in surplus army tents left over from the Korean War. Known as the "Alcatraz of Arizona," the jail features chain gangs and stringent discipline. By eliminating all comforts for his inmates, he has managed to shave $500,000 annually from the cost of keeping prisoners. But he also offers a wide range of educa tional and therapeutic courses for inmates. To his ardent followers, he is a hero for both his toughness on crime and his sense of humanity. While his opponents decry him for his iron-fisted approach, no one can deny that Sheriff Joe is one
This popular study guide helps students master the complexities of wills, trusts, and estates through a combination of textual material and well-written, comprehensive examples, explanations, and questions. Wills, Trusts, and Estates: Examples & Explanations, Fourth Edition, provides students with the essential background and review materials they need to practice applying legal concepts to fact patterns.