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Extraterritoriality Around the Globe
Analysing different political and policy drivers of extraterritoriality in various social, cultural, and economic settings, this book assesses the value of politics within the context of the law and practice of extraterritoriality.Extraterritoriality is one of the most complex and multifaceted concepts in international law, shaped by a dynamic interplay of legal, political, and practical factors. This book discusses the challenges of understanding extraterritoriality in the context of evolving international relations, the political forces behind state practices, and why international law matters in a field that, at first glance, may seem primarily national in scope. To address these issues, this book includes 12 case studies that explore extraterritoriality from a national perspective, offering both thematic and geographic breadth. It analyses the political drivers of extraterritoriality among similar countries to assess and prove their value. By examining states' extraterritorial behaviour, the book provides a more nuanced, empirical perspective on extraterritoriality, highlighting emerging trends and offering insights into its role in shaping global, legal, and political landscapes in the 21st century.This book will be of interest to researchers and practitioners in the field of extraterritoriality, law, and politics.
Legal and Political Thinking Against Sovereignty
At the intersection of the history of constitutional ideas and of political theory, this book offers a new genealogy of the constitutional thought of the European Union.
The Boundaries of Blame
How can our criminal law retain legitimacy in an era of growing awareness about the complexities of human vulnerability and the far-reaching harm of punitive attitudes? The Boundaries of Blame makes a fresh contribution to the evolving scholarship on the relationship between criminal responsibility and social justice. It challenges the constricted view of personhood underpinning doctrines of responsibility, encouraging new conversations about long-standing questions on the role of circumstances like deprivation and trauma in excusing wrongdoing. Testing entrenched boundaries can provoke resistance, but the book argues that pushing past these limits is essential to fostering a more just framework of state blame in our present time and place. To achieve this objective, Louise Kennefick proposes a bold yet pragmatic response in the form of a Universal Partial Defence, grounded in the Real Person Approach - a blueprint that offers a practical and humane pathway towards a fairer measure of criminal accountability.
Courts and the Body Politic
Over the last half century, courts have come to play increasingly important roles in democracies. That role is studied by historians, political scientists, constitutional lawyers and political theorists, but it is also important to all who are concerned about the practice and future of democracy. This book explores why it is that courts are playing this expanded role, as well as exploring two of the most distinctive features of the role of courts: their relationship with the executive arm of government and the role of courts in protecting fundamental rights. The book argues that the role played by courts in modern democracies varies across time and place and depends on a range of factors including constitutional text, constitutional history, and legal and political culture. This book draws on Justice O'Regan's experience as one of the first judges on South Africa's Constitutional Court, which was established shortly after the transition to democracy in 1994.
Appearance, Disability and the Law
People with disfigurements often face prejudice, exclusion and discrimination in employment and across other life contexts. Law's response to this evidence is flawed both by its own limited and illogical scope and its failure to understand the perspectives of those people who may need to use it. Drawing on interviews with both people with lived experience of disfigurement and employers, the book sketches out different approaches to the complex social problem of discrimination against people with visible differences. It also asks whether, in our changing social context, law should widen its protection beyond disfigurement. Would a protected characteristic of appearance offer viable legal rights to the many millions of us who do not have a disfigurement but who are prone to a few spots, whose ears stick out more than we would like, or who are carrying an extra stone in weight?
Foundations of English Bankruptcy
This is a print on demand edition of a hard to find publication.
The Secret Life of Copyright
In The Secret Life of Copyright, copyright law meets Black Lives Matter and #MeToo as the book examines how copyright law unexpectedly perpetuates inequalities along racial, gender, and socioeconomic lines while undermining progress in the arts. Drawing on numerous case studies, the book argues that, despite their purported neutrality, key doctrines governing copyrights-such as authorship, derivative rights, fair use, and immunity from First Amendment scrutiny-systematically disadvantage individuals from traditionally marginalized communities. The work advocates for a more robust copyright system that better addresses egalitarian concerns and serves the interests of creativity. Given that laws regulating the use of creative content increasingly mediate participation and privilege in the digital world, The Secret Life of Copyright provides a template for a more just and equitable copyright system.
The Kansas Court of Industrial Relations
The Kansas Court of Industrial Relations, founded in 1920, was the lone US trial of a labor court - a policy design used almost everywhere else in the industrialized world during the interwar period. What led Kansas to establish the KCIR when no other state did? And what were the consequences of its existence for the development of economic policy in the rest of the country? Ben Merriman explores how the KCIR's bans on strikes and lockouts, heavy criminal sanctions, and unilateral control over the material terms of economic life, resulted in America's closest practical encounter with fascism. Battered by the Supreme Court in 1923, the KCIR's failure destroyed American interest in labor courts. But the legal battles and policy divisions about the KCIR, which enjoyed powerful supporters, were an early sign of the new political and intellectual alignments that led to America's unique New Deal labor policy.
The UK Tax System
This book provides a guide to the structure of the UK tax system, the interaction between UK and EU law, and its application to various classes of taxpayer, as well as explaining the roles of the government departments who administer it and the full range of taxpayers rights and obligations. The book is for anyone studying the UK tax system, or advising on UK tax, from the experienced practitioner to the newly-qualified professional coming to tax advice for the first time, as well as being an ideal starting point for any students of the legal system or government. The fifth edition has been revised to reflect the law as of January 2025.
Soviet Civil Procedure
This is a print on demand publication of an issue of a journal from a prestigious organization..
A Guide to Club Law and Practice
This book is for those who become involved in a club, whether as a member or as someone who is elected to be a member of the Committee which runs the club. It is intended to provide a handbook or guide for such people to help them in their role of running the club. The focus of this book is the potential liability which club members may incur in the course of running the club. Since, too, the core of a club is its constitution and rules, there is much emphasis on the rules. The book is divided into four chapters: (1) The Club; (2) The Club and its Members; (3) The Management of the Club; and (4) The Club and Third Parties.
Modern Warfare and International Humanitarian Law
Ongoing armed conflicts around the world have caused a large number of deaths of innocent civilians and high levels of destruction. IHL principles and rules on the conduct of hostilities which aim to protect civilians and civilian objects against the dangers of military operations, are being violated by a few states with impunity. This book examines various facets of modern armed conflicts including the means and methods of warfare, evolving technologies and their legal and humanitarian dimensions. This book will be useful for the researchers and students of international humanitarian law, policy makers in the government and the members of the armed forces and civil society.
Modern Warfare and International Humanitarian Law
Ongoing armed conflicts around the world have caused a large number of deaths of innocent civilians and high levels of destruction. IHL principles and rules on the conduct of hostilities which aim to protect civilians and civilian objects against the dangers of military operations, are being violated by a few states with impunity. This book examines various facets of modern armed conflicts including the means and methods of warfare, evolving technologies and their legal and humanitarian dimensions. This book will be useful for the researchers and students of international humanitarian law, policy makers in the government and the members of the armed forces and civil society.
The European Banking Regulation Handbook, Volume II
Reviews the prudential and crisis prevention measures of the EU banking regulatory framework Deals with the rules on crisis management, namely those on resolution action in case of a solvency crisis and with last resort lending to credit institutions in case of liquidity crisesAnalyses the rules pertaining to the EU funds activated in case of a solvency crisis, namely the Single Resolution Fund and national deposit guarantee fundsConcludes with an evaluation of the international regulatory and framework and of the EU regulatory framework, and with some considerations on the way forward
Medical Liability and Artificial Intelligence
This book offers an in-depth examination of the critical intersection between medical practice and artificial intelligence, analysing the benefits, risks, and complex challenges that AI introduces into the doctor-patient relationship. It provides comprehensive insights into the reconceptualisation of medical duties, addressing both their ethical imperatives and their binding legal force. With a particular focus on medical malpractice and medico-legal duties, the book examines the ethical principles underpinning the use of artificial intelligence in medicine and their correlation with legal obligations. It further provides a general overview of the regulatory framework governing AI within the European Union, drawing comparisons with existing legal concepts under the Brazilian legal system. This is the first book worldwide to focus exclusively on the analysis of medical liability within the context of artificial intelligence. Originally published in Portuguese, it is now presented in an expanded and fully translated English edition. Aimed at both academic institutions and legal and healthcare practitioners, this research monograph addresses a notable gap in the existing literature. It serves as a valuable resource for scholars, legal professionals, and medical practitioners seeking a comprehensive understanding of the intersection between AI and medical malpractice. Through its in-depth legal analysis and practical case studies, the book offers a focused examination of medical malpractice and civil liability arising from the use of AI systems, enhancing its relevance to a wide-ranging audience. The book encompasses a broad range of topics relating to medical liability in the context of AI systems, adopting a practical approach that renders its content applicable across different legal jurisdictions. The foundational concepts of Medical Law and artificial intelligence it presents are relevant to multiple national frameworks, thereby enhancing its accessibility. This adaptability and universal applicability position the work as a valuable resource for international audiences, offering insights and guidance that may be effectively applied in diverse legal and healthcare contexts.
Competition Law and Policy in the Western Balkans
This book provides a comprehensive analysis of competition law and policy in the Western Balkans by assembling and examining reports from Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia. It explores the evolution of competition law and policy in these jurisdictions and assesses the extent to which their domestic legislation aligns with the EU competition acquis. Our research takes a bottom-up approach, focusing on the unique challenges faced by each jurisdiction within the context of their respective legal traditions. The volume includes institutional and enforcement empirical data collected and analyzed for the period 2012-2022, offering original insights into the development of competition law systems in these countries. The book addresses a range of issues, including the historical development of competition law and policy in the Western Balkans countries; their institutional and legislative frameworks; the peculiarities of the national competition law systems that significantly differ from the EU acquis; the features that have been amended in the process of European integration; the application of domestic and EU competition rules by national competition authorities; enforcement and sanctioning statistics; judicial review; private enforcement of competition rules, and future challenges. This edited volume provides an authoritative and rigorous overview of competition law and policy in the Western Balkans, making it of interest to academics, students, and practitioners in the field of competition law.
Scorched Worth
To effect just outcomes the justice system requires that law enforcement officers, prosecutors, and judges be committed-above all-to doing justice. Those whose allegiance is to winning, regardless of evidence, do the opposite of justice: they corrupt the system. This is the jaw-dropping story of one such corruption and its surprise ending.On Labor Day 2007, a forest fire broke out in California's eastern Sierra Nevada and eventually burned about 65,000 acres. Investigators from the California Department of Forestry and Fire Protection and the United States Forest Service took a mere two days to conclude that the liable party was the successful forest-products company Sierra Pacific Industries (SPI), founded as a tiny sawmill nearly sixty years earlier by Red Emmerson.The investigative report on the fire declared that SPI's independent logging contractor had started the conflagration by driving a bulldozer over a rock, creating a spark that flew into a pile of brush. No fire had ever been proven to start that way, but based on the report the U.S. Department of Justice and California's attorney general filed nearly identical suits against Emmerson's company. The amount sought was nearly a billion dollars, enough to bankrupt or severely damage it. Emmerson, of course, fought back.Week by week, month by month, year by year, his lawyers discovered that the investigators had falsified evidence, lied under oath, fabricated science, invented a narrative, and intentionally ignored a mountain of exculpatory evidence. They never pursued a known arsonist who was in the area that day, nor a young man who repeatedly volunteered alibis contradicted by facts.Though the government lawyers had not known at the start that the investigation was tainted, they nonetheless refused to drop the suits as the discovery process continued and dozens of revelations made clear that any verdict against Emmerson's company would be unjust.Scorched Worth is a riveting tale that dramatizes how fragile and arbitrary justice can be when those empowered to act in the name of the people are more loyal to the bureaucracies that employ them than to the people they're supposed to serve. It's also the story of a man who refused to let the government take from him what he'd spent a lifetime earning.
Racism Without Racists
I am an immigrant, like you maybe, and this is my truth about immigration. A true story. A story of many... Too many. Is it yours too? You too are a prisoner of geography who lives in a world of racism without racists?If the answer is Yes, my heart goes out to you.Discrimination, prejudice, exploitation, and abuse are what I know best. For the world, I am a human of inferior birth, but I know that is not true.I don't want to take anything from you. I just want what's mine by birthright. I deserve to be considered human. A human like you.This true story of survival is a work in progress.17 years ago, after living under a very oppressive communist regime, I left my homeland for the first time.I didn't want to abandon my parents and the only reality I knew.I cried in despair thinking I will never go back. I hated my destiny... my siblings' destinies. None of us wanted to leave.I know I am one of the lucky ones. I didn't cross oceans and seas in shipwrecks.I didn't walk for thousands of kilometres as some of the people I know.I didn't live in barracks and ate from a trash bin.My heart goes out to all these humans who went through unthinkable situations in the pursuit of happiness.I have been treated in diverse ways during these years, but seldom fairly.For many, too many, I am a human of inferior birth, not worthy of consideration.I have no country now. No identity.I feel like I don't belong anywhere.I feel like the world doesn't want me. I haven't seen my eight (remaining) siblings all together in seventeen years.I know that only a tragedy will reunite us. But I don't want that tragedy. I want to hug my siblings and have lunch with them. And I want to visit my dearest's brother tomb and leave a flower on it to make him realise we haven't forgotten him. He will live in our hearts forever. The UK, the country I love very much, has voted "Leave." Should I pack my bags?Should I give up my dream?Nobody wants Romanians. Is there anywhere I could go?How am I going to provide for my octogenarian parents who survived the Second World War and raised ten children under an oppressive communist regime?Is it really true that this world is not for people like me?What should I do?What can I do?What would You do if you were me?Would you dare to ask for your human and civil rights?Would you cry and feel alone in the whole universe?I hope you'll never have to find out.
Constructing an Eco-Balanced Copyright Regime for the Video Game Industry in China
This book aims to address the copyright issues surrounding VGs and to balance the interests of the various stakeholders (in both legal and social contexts) in order to promote the sustainable development of the VG industry for the benefit of society. Sustainable development is an approach to development that protects society in the long term, taking into account both present and future needs. In this book, "sustainable development" refers to the steady economic development of the video game industry without causing serious damage to social welfare. This can only be achieved by harmonizing three core processes: stimulating innovation, promoting access to information, and reducing the negative externalities of video games. This book identifies loopholes in the current copyright regime for video games, considers both internal and external aspects of the ecosystem, and proposes some new schemes to help solve the problems posed by technological innovation and the negative externalities of video games, in order to facilitate the construction of an "eco-balanced" copyright regime. This book can serve as a useful tool for scholars or researchers interested in the copyright issues surrounding video games. It can also be of great help to policymakers who wish to enact laws or regulations to regulate the negative externalities of video games and to IP judges who are faced with copyright disputes involving video games. It is also useful for game companies to know how to protect the copyright of their video games and how to promote innovation in their industry. What's more, some video game players or live game streamers may be interested in reading this book.
Criminal Justice and Peace-Making in Early Modern Italy
An exceptional study of private peace pacts in early modern Italy that challenges earlier notions of the place of these private agreements in the development of the courts and state. Private settlements were among the most prominent yet least conspicuous aspects of justice in early modern Europe. Traditionally seen as incompatible with our notions of judicial modernity, these settlements reflected a deeply ingrained culture of negotiation and transaction-one that often viewed resolution by litigation with extreme scepticism. However, rather than existing in opposition to sovereign justice, this practice of private settlement coexisted with the implacable authority of rulers who alternated between exemplary punishments and royal pardons to maintain social harmony. In this English translation of his seminal study, Governare l'odio. Pace e giustizia criminale nell'Italia moderna (secoli XVI-XVII), Paolo Broggio shows how private settlements were far from being a purely benevolent mechanism of reconciliation, often carrying unsettling similarities to institutional coercion and even acts of revenge. Judicial authorities are revealed as not only tolerating these private agreements but shown to have actively facilitated and manipulated them as a means of exerting their control within a community. Religious justifications further lent these agreements a veneer of moral obligation, masking the underlying pressures at play. Through detailed examples such as proceedings in the Papal States, Broggio explores how courts encouraged settlements not only to manage caseloads but to also reinforce existing social hierarchies and power structures. This expansive study re-examines the role of peace settlements in early modern justice, revealing them as a fundamental yet coercive tool of governance rather than a simple, private, alternative to judicial authority.
Hydrogen Projects
This Special Report considers the key legal and regulatory challenges and opportunities in developing, financing and operating hydrogen projects. Written for a legal and non-legal audience, it will appeal to those looking for a deeper understanding of the opportunities in the hydrogen sector and ways in which some of these may be realised.
Constitutionally Conforming Interpretation - Comparative Perspectives
This is the second part of a 2-volume set which presents an in-depth investigation into the canon of constitutionally conforming interpretation. This second volume builds upon the insights of the first volume, which includes national reports on the use of constitutional interpretation. In Volume 2, the analysis is extended beyond the national context, discussing its application in the supranational and international contexts, including in EU law and the domestic use of international law. It presents several critical perspectives, challenging the legitimacy of constitutionally conforming interpretation, and looks at the invisible constitution, constitutional amendments, and the impact of legalism. The volume is rounded off by three comparative analyses, which formulate universally applicable insights. Together with Volume 1, this book fills an important gap in legal scholarship and sets the stage for cross-national discourse on this critical legal method.
Artificial Intelligence in Biobanking
This insightful collection highlights the ethical, legal and societal issues associated with the increasing role played by artificial intelligence (AI) in medical biobanks, a key research resource in the global study of disease prevention and the improving of individual care.
Human Rights and Persons with Disabilities in Cameroon
Persons with disabilities in Cameroon are incessantly complaining of being marginalized in different sectors of the society through neglect, stigmatization and disrespect. The primary objective of this book is to raise the general awareness of the respect of the human rights of persons with disabilities in Cameroon. This study aims at pointing out the hurdles that beset the enforcement of the rights of persons with disabilities in Cameroon from a human right-based approach. Persons living with impairments are a group of persons that are vulnerable in Cameroon because disability comes with so many challenges such as discrimination and violence within the society, family and institutional settings. In the face of this situation, this book has taken the responsibility to strongly call for an urgent need for stakeholders concerned with the conditions of persons with impairments to adequately exercise their responsibilities in consideration of human rights precepts.
A Selection of Cases on the Law of Extraordinary Legal Remedies, Including Mandamus, Quo Warranto, Prohibition, Certiorari, Procedendo and Habeas Corpus;
"A Selection of Cases on the Law of Extraordinary Legal Remedies" is a comprehensive compilation of legal cases concerning extraordinary writs. This volume, originally published in 1905, presents a detailed examination of key legal remedies including Mandamus, Quo Warranto, Prohibition, Certiorari, Procedendo, and Habeas Corpus. Authored by V. H. Roberts, this selection offers valuable insights into the historical application and interpretation of these remedies within the legal system. It serves as a crucial resource for legal scholars, students, and practitioners seeking a deeper understanding of the foundations and nuances of extraordinary legal relief. The book preserves the original context and legal arguments, providing a window into the legal thought of the early 20th century.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Company Law of Canada
"Company Law of Canada," originally published in 1920, offers a detailed exposition of the legal principles governing companies in Canada during the early 20th century. Authored by C.A. Masten and William Kaspar Fraser, this comprehensive treatise covers a wide range of topics, including the formation, operation, and regulation of companies under Canadian law. The book provides valuable insights into the historical development of corporate law in Canada and serves as a primary source for understanding the legal framework that shaped business and industry during this period. This historical legal text remains relevant for legal scholars, historians, and anyone interested in the evolution of Canadian corporate law. It presents a snapshot of legal thought and practice at a pivotal time in Canada's economic development.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A Treatise on the Law of Negotiable Instruments
A Treatise on the Law of Negotiable Instruments, Volume 2, by John W. Daniel and Charles A. Douglass, offers a comprehensive exploration of the legal principles governing negotiable instruments at the turn of the 20th century. This volume delves into the intricacies of commercial law, focusing on bills of exchange, promissory notes, and checks. Intended for legal professionals, scholars, and students, this detailed treatise provides an in-depth analysis of relevant statutes, case law, and legal doctrines. It remains a valuable resource for understanding the historical context of commercial law and the evolution of financial instruments. The authors meticulously present complex legal concepts, making this work an essential reference for anyone studying or practicing in the field of commercial transactions.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Commentaries on the Law of Private Corporations
"Commentaries on the Law of Private Corporations, Volume 1" by Seymour D. Thompson, originally published in 1894, offers a comprehensive exploration of corporate law principles during a transformative era of industrial and economic expansion. This foundational work delves into the intricacies of private corporations, examining their legal structures, rights, and obligations. Thompson's detailed analysis provides invaluable insights into the historical development of corporate law. It remains relevant for legal scholars, historians, and anyone interested in understanding the evolution of business and finance. This volume serves as an important resource for those seeking to understand the legal framework that shaped the modern corporate world.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
EU Consumer Protection in Cloud Computing Contracts
This book assesses whether EU consumer law effectively protects consumers in cloud computing contracts. From music subscriptions and streaming services to online gaming and social networks, cloud-based services are an integral part of our daily lives. Understanding the legal landscape of cloud computing is therefore crucial. The convenience of cloud computing raises significant legal questions about consumer rights. What if all emails are lost? Can someone unauthorised access online photos? Is it possible to cancel a video streaming subscription or transfer music elsewhere? The book scrutinises the adequacy of EU consumer contract law in addressing these issues, evaluating its coherence and effectiveness in safeguarding consumers' interests and fostering trust in cloud services. It looks at the entire lifecycle of a cloud computing contract, highlighting critical consumer problems, such as unclear information, service availability, data integrity, and unbalanced contract terms. Written for legal scholars, practitioners, policymakers and market participants, the book offers a comprehensive analysis of EU law provisions on cloud computing contracts. As cloud technology continues to evolve and integrate into mainstream IT solutions, ensuring a robust and consistent legal framework is paramount for consumer protection and the advancement of the EU digital market.
Emerging Constitutionalism in South Sudan
This book offers the first ever in-depth analysis of the emerging constitutionalism in South Sudan and the challenges it faces. The book critically analyses the constitution-making processes that occurred in South Sudan between 2005 and 2011, finding, among other things, that there was a failure of constitutional discourse, particularly in relation to the 2011 drafting process of the Transitional Constitution. It goes on to analyse how the constitution is being implemented. It finds that, despite the clear division of powers and functions between the national government and the sub-national governments, what has emerged in South Sudan in the post-constitution-making period is a form of coercive centralism where the national government controls much of the political decision-making process. This has had serious implications for democracy, constitutionalism, and the rule of law. Finally, bearing in mind the failure in both how the transitional constitution was made and how it is being implemented, the book undertakes a critical analysis of the proposed process for drafting a new constitution for South Sudan. It identifies serious shortcomings and proposes how these could be addressed to enhance the process.
Choice of Forum Clauses in Asia
This book compares and explains the approaches taken by Asian courts when choice of forum clauses in international commercial contracts are challenged in litigation. It examines key common law jurisdictions (Singapore, Hong Kong and Malaysia), civil law jurisdictions (China, Japan, and Indonesia), and hybrid jurisdictions (the Philippines). With Asia's ascent in cross-border trade and investment, alongside a corresponding increase in cross-border litigation, understanding how Asian courts address choice of forum clauses in international commercial contracts has never been more critical. Employing a comparative law method, the book identifies and explains the relief and remedies used by Asian courts in enforcing choice of forum clauses, analysing how their classification as either contractual or procedural in nature shapes judicial approaches. It further distinguishes choice of forum clauses from arbitration agreements and explores their interaction with other contractual provisions. Party autonomy - as the parties' freedom to determine the contents of the choice of forum clause and the freedom to control the flow of litigation - is also critically scrutinised. Furthermore, the book investigates the factors courts consider in resolving key choice of forum clause issues (ie, enforceability; specific relief to be granted; existence, validity, interpretation of choice of forum clauses; role of mandatory rules, public policy, and international interests) and explores the prospects for future development of this area of law in Asia. Crucially, the book highlights the unique approaches of Asian courts, while underscoring the differences and similarities among common law, civil law, and hybrid jurisdictions.
Evidence and Practice at Trials in Civil Cases
Evidence and Practice at Trials in Civil Cases, by R.E. Kingsford, offers a detailed examination of the rules of evidence and procedures applicable in civil court proceedings. Originally published in 1911, this comprehensive guide provides legal professionals and students with insights into the nuances of presenting and challenging evidence, examining witnesses, and conducting effective litigation. The book covers various aspects of trial practice, making it a valuable resource for understanding the complexities of civil trials. Kingsford's work serves as a historical reference point, illustrating the legal standards and methodologies employed at the beginning of the 20th century. Despite its age, the text offers fundamental principles that remain relevant to the study and practice of law today, providing a basis for comparison with modern legal practices.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Conseil Prive and the Parlements in the Age of Louis XIV
This vol., while encompassing the entire reign of Louis XIV & all the parlements of the realm, has the narrow focus of investigating the impact of royal policy on the judicial authority of the parlements as revealed in their relations with the king's councils, notably the one that specialized in judicial affairs, the Conseil Prive. This is above all a study of the evolution of conciliar jurisprudence & judicial procedure, as much an exercise in what the French call "l'histoire du droit" as an opportunity to observe in a novel way the resolution of some of the most pressing political problems in the Age of Louis XIV. But the overall aim is to understand the practical consequences of royal absolutism for the kingdom's highest judicial institutions.
A Treatise on the Law of Patents for Useful Inventions in the United States of America
Dive into the intricacies of American patent law with George Ticknor Curtis's "A Treatise on the Law of Patents for Useful Inventions in the United States of America." Originally published in 1849, this comprehensive guide offers a detailed examination of the legal framework surrounding patents during a pivotal era of innovation. Curtis meticulously explores the requirements for patentability, the rights and responsibilities of inventors, and the procedures for obtaining and enforcing patents. This treatise provides invaluable insights into the historical development of patent law and its impact on technological progress. Scholars, legal professionals, and anyone interested in the history of American innovation will find this book to be an essential resource. Discover the foundations of modern patent law through this meticulously crafted work.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A More Perfect Union
Contents: Conjugating the Constitution -- From Noun to Verb; & Bicentennial Blues: To Praise the Constitution or to Bury It?, both by Laurence Tribe. Essays: The Dr. Richard Penrose Memorial Lecture: Remarks on the Constitutional Celebration, by Lord Scarman. Sympos. on the U.S. Constitution: The Miracle at Phila., by Arlin Adams; Separation of Powers -- Then & Now, by Nicholas deB. Katzenbach; Reflections on the First Amendment: The Evolution of the American Jurisprudence of Free Expression, by Geoffrey Stone; The U.S. Constitution as Social Compact, by Louis Henkin; Reflections on the Supreme Court Appointment Process, by Henry Abraham. Sympos. on the Genius of the U.S. Constitution: Remarks, by Arthur Link; A More Perfect Union, by Garry Wills; Experience & the Fabrication of the Fed. Constitution, by Jack Greene; Franklin, Washington, & a New Nation, by John Shy; The Founders' Intentions & American Perceptions of Their Living Constitution, by Michael Kammen.
American Law and Procedure
"American Law and Procedure, Volume 8" offers a comprehensive look into the legal frameworks and procedural practices in early 20th-century America. This volume provides detailed insights into the historical context of American law, serving as a valuable reference for legal scholars, historians, and anyone interested in the evolution of legal systems. Compiled anonymously, this work reflects the legal understanding and practices of its time, making it an essential resource for understanding the foundations of modern American jurisprudence. Its detailed exploration of legal procedures provides a unique window into the past, highlighting the changes and continuities in the American legal system.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
A Treatise on the Law and Practice of Foreclosing Mortgages on Real Property, and of Remedies Collateral Thereto, With Forms
Dive into the intricacies of real property law with "A Treatise on the Law and Practice of Foreclosing Mortgages on Real Property, and of Remedies Collateral Thereto, With Forms, Volume 1." Authored by legal experts Charles Hastings Wiltsie, James M. Kerr, Henry Clifford Spurr, and Hiram M. Rogers, this comprehensive volume provides an in-depth exploration of mortgage foreclosure law and related remedies.Originally published in 1913, this treatise offers detailed insights into the legal processes and practices involved in foreclosing on real property. It includes a wealth of legal forms and practical guidance, making it an invaluable resource for legal professionals, scholars, and anyone seeking a thorough understanding of mortgage law. Explore the historical context and enduring relevance of this essential legal work.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Law of Presumptive Evidence, Including Presumptions Both of Law and of Fact, and the Burden of Proof Both in Civil and Criminal Cases, Reduced to Rules
"The Law of Presumptive Evidence" by John Davison Lawson, originally published in 1885, delves into the intricate world of legal presumptions and the burden of proof within both civil and criminal contexts. This comprehensive treatise meticulously examines presumptions of law and fact, reducing complex concepts into a series of clear and concise rules. Aimed at legal professionals and students alike, the book offers a detailed exploration of how presumptive evidence operates within the legal system. It provides a valuable historical perspective on the application of legal principles and remains relevant for those studying the evolution of legal thought.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Commentaries on the Law of Private Corporations
"Commentaries on the Law of Private Corporations, Volume 1" by Seymour D. Thompson, originally published in 1894, offers a comprehensive exploration of corporate law principles during a transformative era of industrial and economic expansion. This foundational work delves into the intricacies of private corporations, examining their legal structures, rights, and obligations. Thompson's detailed analysis provides invaluable insights into the historical development of corporate law. It remains relevant for legal scholars, historians, and anyone interested in understanding the evolution of business and finance. This volume serves as an important resource for those seeking to understand the legal framework that shaped the modern corporate world.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
The Laws of Trade and Commerce, Designed as a Book of Reference in Mercantile Transactions ..
"The Laws of Trade and Commerce, Designed as a Book of Reference in Mercantile Transactions" is a comprehensive guide to the legal framework governing trade during the early 19th century. Authored by John Williams of the Inner Temple, this book serves as an invaluable resource for merchants, legal professionals, and historians seeking to understand the intricacies of commercial law at the time.Detailing various aspects of trade regulations, contracts, and mercantile practices, this book provides insights into the legal considerations that shaped business transactions. Its historical significance lies in its portrayal of the economic and legal environment that fostered trade during a transformative period. Students of economic history, legal scholars, and anyone interested in the evolution of commercial law will find this book to be an essential addition to their understanding of historical mercantile systems.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Company Law of Canada
"Company Law of Canada," originally published in 1920, offers a detailed exposition of the legal principles governing companies in Canada during the early 20th century. Authored by C.A. Masten and William Kaspar Fraser, this comprehensive treatise covers a wide range of topics, including the formation, operation, and regulation of companies under Canadian law. The book provides valuable insights into the historical development of corporate law in Canada and serves as a primary source for understanding the legal framework that shaped business and industry during this period. This historical legal text remains relevant for legal scholars, historians, and anyone interested in the evolution of Canadian corporate law. It presents a snapshot of legal thought and practice at a pivotal time in Canada's economic development.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
American Law and Procedure
"American Law and Procedure, Volume 1" offers a comprehensive overview of early 20th-century American legal principles and practices. Designed as a foundational text, this volume provides a detailed exploration of key legal concepts. This work serves as an invaluable resource for understanding the historical development of American jurisprudence and the procedural aspects of the legal system.Its detailed explanations and structured approach make it suitable for both students and practitioners seeking insights into the legal framework of the era. While legal practices and laws evolve, the core principles outlined in this volume offer enduring value for those interested in the evolution of American law.This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
