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Current Legal Problems 2007
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Book Synopsis Current Legal Problems 2010 by : George Letsas
Download or read book Current Legal Problems 2010 written by George Letsas and published by Current Legal Problems. This book was released on 2011-01-30 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
Book Synopsis Current Legal Problems 2009 by : Colm O'Cinneide
Download or read book Current Legal Problems 2009 written by Colm O'Cinneide and published by Current Legal Problems. This book was released on 2010-02-04 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
Book Synopsis The Separation of Powers in the Contemporary Constitution by : Roger Masterman
Download or read book The Separation of Powers in the Contemporary Constitution written by Roger Masterman and published by Cambridge University Press. This book was released on 2010-12-02 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
Book Synopsis Online Dispute Resolution for Consumers in the European Union by : Pablo Cortés
Download or read book Online Dispute Resolution for Consumers in the European Union written by Pablo Cortés and published by Routledge. This book was released on 2010-09-13 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: A PDF version of this book is available for free in open access via www.tandfebooks.com as well as the OAPEN Library platform, www.oapen.org. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license and is part of the OAPEN-UK research project. E-commerce offers immense challenges to traditional dispute resolution methods, as it entails parties often located in different parts of the world making contracts with each other at the click of a mouse. The use of traditional litigation for disputes arising in this forum is often inconvenient, impractical, time-consuming and expensive due to the low value of the transactions and the physical distance between the parties. Thus modern legal systems face a crucial choice: either to adopt traditional dispute resolution methods that have served the legal systems well for hundreds of years or to find new methods which are better suited to a world not anchored in territorial borders. Online Dispute Resolution (ODR), originally an off-shoot of Alternative Dispute Resolution (ADR), takes advantage of the speed and convenience of the Internet, becoming the best, and often the only option for enhancing consumer redress and strengthening their trust in e-commerce. This book provides an in-depth account of the potential of ODR for European consumers, offering a comprehensive and up to date analysis of the development of ODR. It considers the current expansion of ODR and evaluates the challenges posed in its growth. The book proposes the creation of legal standards to close the gap between the potential of ODR services and their actual use, arguing that ODR, if it is to realise its full potential in the resolution of e-commerce disputes and in the enforcement of consumer rights, must be grounded firmly on a European regulatory model.
Book Synopsis Investing in Children by : Christine Piper
Download or read book Investing in Children written by Christine Piper and published by Willan. This book was released on 2013-05-13 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together insights from a range of disciplines, including law, sociology, criminology and history, to identify and explain the complex and inter-related factors which help or hinder the state to 'invest' in children and young people. The first part of the book examines the 'intangibles' - the ideologies, social constructions and moral precepts - which obstruct or encourage the passage and full implementation of legislation, policy and practice which hopes to improve the lives and prospects of children and young people. Notions of family and parental responsibility, assumptions about what children and young people 'are' and the extent to which they should be held accountable, and ideas around state investment against future risks are the key factors considered. The second part of the book focuses on the difficulties in practice of implementing policies aimed at investing in children's lives and futures. It reviews the role of science in the identification of risk factors related to poor outcomes for children and in the selection of target groups or areas for risk-based intervention to provide (early) support and preventative programmes for children and their families. It also assesses whether and how law does or could help to 'deliver' an appropriate investment of time and money in children, with a focus on the existence and effectiveness of a rights-based approach. The final chapters examine the results of research so far undertaken done on selected programmes in the Every Child Matters, social inclusion and Youth Justice Board policy agendas and they indentify promising developments. However, they also draw attention to the alternative agendas around children and young people which are competing for government money and the public's support and warn that there are dangers in a child-focused policy whose justification relies so heavily on future cost savings stemming from the production of healthier, more employable and law-abiding adults.
Book Synopsis Legal Australia-wide Survey by : Christine Coumarelos
Download or read book Legal Australia-wide Survey written by Christine Coumarelos and published by Law and Justice Foundation. This book was released on 2012-08-01 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Legal Australia-Wide Survey (LAW Survey) provides the first comprehensive quantitative assessment across Australia of an extensive range of legal needs on a representative sample of the population. It examines the nature of legal problems, the pathways to their resolution, and the demographic groups that struggle with the weight of their legal problems." -- Law and Justice Foundation of N.S.W. website.
Book Synopsis New Waves in Philosophy of Law by : Maksymilian Del Mar
Download or read book New Waves in Philosophy of Law written by Maksymilian Del Mar and published by Springer. This book was released on 2011-08-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of 11 cutting-edge essays by leading young scholars, challenging long-held assumptions and offering new research paradigms in Philosophy of Law - in five parts 1) methodology/metatheory; 2) reasoning/evaluating; 3) values/the moral life; 4) institutions/the social life; and 5) the global/international dimension.
Book Synopsis Changing Contours of Criminal Justice by : Mary Bosworth
Download or read book Changing Contours of Criminal Justice written by Mary Bosworth and published by Oxford University Press. This book was released on 2016-11-17 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Celebrating the 50th Anniversary of the Oxford Centre for Criminology, this edited collection of essays seeks to explore the changing contours of criminal justice over the past half century and to consider possible shifts over the next few decades. The question of how social science disciplines develop and change does not invite any easy answer, with the task made all the more difficult given the highly politicised nature of some subjects and the volatile, evolving status of its institutions and practices. A case in point is criminal justice: at once fairly parochial, much criminal justice scholarship is now global in its reach and subject areas that are now accepted as central to its study - victims, restorative justice, security, privatization, terrorism, citizenship and migration (to name just a few) - were topics unknown to the discipline half a century ago. Indeed, most criminologists would have once stoutly denied that they had anything to do with it. Likewise, some central topics of past criminological attention, like probation, have largely receded from academic attention and some central criminal justice institutions, like Borstal and corporal punishment, have, at least in Europe, been abolished. Although the rapidity and radical nature of this change make it quite impossible to predict what criminal justice will look like in fifty years' time, reflection on such developments may assist in understanding how it arrived at its current form and hint at what the future holds. The contributors to this volume have been invited to reflect on the impact Oxford criminology has had on the discipline, providing a unique and critical discussion about the current state of criminal justice around the world and the origins and future implications of contemporary practice. All are leading internationally-renowned criminologists whose work has defined and often re-defined our understanding of criminal justice policy and literature.
Book Synopsis Gender and Migration in 21st Century Europe by : Samantha Currie
Download or read book Gender and Migration in 21st Century Europe written by Samantha Currie and published by Routledge. This book was released on 2016-04-15 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing interdisciplinary and empirically grounded insights into the issues surrounding gender and migration into and within Europe, this work presents a comprehensive and critical overview of the historical, legal, policy and cultural framework underpinning different types of European migration. Analysing the impact of migration on women's careers, the impact of migration on family life and gender perspectives on forced migration, the authors also examine the consequences of EU enlargement for women's migration opportunities and practices, as well as the impact of new regulatory mechanisms at EU level in addressing issues of forced migration and cross-national family breakdown. Recent interdisciplinary research also offers a new insight into the issue of skilled migration and the gendering of previously male-dominated sectors of the labour market.
Book Synopsis Law, War and Crime by : Gerry J. Simpson
Download or read book Law, War and Crime written by Gerry J. Simpson and published by Polity. This book was released on 2007-10-08 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: From events at Nuremberg and Tokyo after World War II, to the trials of Slobodan Molosevic and Saddam Hussein, war crimes trials are an increasingly pervasive feature of the aftermath of conflict. This book examines the meaning of such trials and their cultural and political effects.
Book Synopsis Self-determination in Health Care by : Dr Leroy C. Edozien
Download or read book Self-determination in Health Care written by Dr Leroy C. Edozien and published by Ashgate Publishing, Ltd.. This book was released on 2015-07-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes an alternative to the consent model which is currently at the heart of patient self-determination and which is shown here to have fundamental flaws that constrain its effectiveness. The proposed model is a property model in which the patient’s bodily integrity is protected from unauthorised invasion, and their legitimate expectation to be provided with the relevant information to make an informed decision is taken to be a proprietary right. This model enables the courts to overcome the requirement to prove causation in consent cases and offers a complementary approach to patient self-determination.
Book Synopsis Negotiating Religion by : François Guesnet
Download or read book Negotiating Religion written by François Guesnet and published by Routledge. This book was released on 2016-08-25 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Negotiating religious diversity, as well as negotiating different forms and degrees of commitment to religious belief and identity, constitutes a major challenge for all societies. Recent developments such as the ‘de-secularisation’ of the world, the transformation and globalisation of religion and the attacks of September 11 have made religious claims and religious actors much more visible in the public sphere. This volume provides multiple perspectives on the processes through which religious communities create or defend their place in a given society, both in history and in our world today. Offering a critical, cross-disciplinary investigation into processes of negotiating religion and religious diversity, the contributors present new insights on the meaning and substance of negotiation itself. This volume draws on diverse historical, sociological, geographic, legal and political theoretical approaches to take a close look at the religious and political agents involved in such processes as well as the political, social and cultural context in which they take place. Its focus on the European experiences that have shaped not only the history of ‘negotiating religion’ in this region but also around the world, provides new perspectives for critical inquiries into the way in which contemporary societies engage with religion. This study will be of interest to academics, lawyers and scholars in law and religion, sociology, politics and religious history.
Book Synopsis Copyright Protection of Unpublished Works in the Common Law World by : Patrick Masiyakurima
Download or read book Copyright Protection of Unpublished Works in the Common Law World written by Patrick Masiyakurima and published by Bloomsbury Publishing. This book was released on 2020-03-05 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses copyright protection of unpublished works including letters, diaries, manuscripts, photographs, memoranda, sketches, private journals, government records and drafts intended for future publication. Under contemporary British copyright law, unpublished works are protected by the Copyright, Designs and Patents Act 1988. In addition, the Berne Convention anticipates that unpublished works shall receive protection. While unpublished works are, in general, assimilated to the treatment of published ones, notable differences in the strength of protection afforded to published and unpublished works remain. It is the case that contemporary British copyright law confers stronger and longer protection on unpublished works. For instance, the unpublished status of a work assumes pivotal significance in the framework for determining: qualification for copyright protection, the extent of copyright protection, exceptions to copyright infringement and the remedies for copyright infringement. The principal aim of the book is to consider whether copyright in unpublished works is justified; a task which is prosecuted from historical, normative and legal perspectives. Although the book's primary focus is the treatment of unpublished works in Britain, it also relies extensively on materials from other Common Law jurisdictions. The book contributes to the understanding of why cumulative protection of unpublished works emerged, and how exceptions to rights in unpublished works evolved. Moreover, the analysis deployed in the book aids the task of applying the law to 'new circumstances'.
Book Synopsis What is The Family of Law? by : Alan Brown
Download or read book What is The Family of Law? written by Alan Brown and published by Bloomsbury Publishing. This book was released on 2019-02-07 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the legal understanding of 'family' in the UK continues to be underpinned by the idealised image of the 'nuclear family', premised upon the traditional, gendered roles of 'father as breadwinner' and 'mother as homemaker'. This examination of the law's model of the 'family' has been prompted by the substantial reforms that have taken place in family law in recent decades, and the significant evolution in social attitudes and familial practices that has occurred in parallel. Throughout the book, the influence of the nuclear family is noted in several different contexts: various specific legal definitions of 'family', the legal regulation of adult, conjugal relationships, the attribution of legal parenthood and the construction of the role of the 'parent' within the law. Ultimately, this book argues that while these reforms have resulted in additional categories of relationship coming to be situated within the nuclear family model, there has not, as yet, been any fundamental alteration of the underpinning concept of the nuclear family itself. This book concludes by considering the possibilities offered beyond the 'nuclear family'; exploring the reconceptualising of the legal understanding of 'family' around alternative and potentially 'radical' models of 'family'.
Book Synopsis Reforming Corporate Retail Investor Protection by : Diane Bugeja
Download or read book Reforming Corporate Retail Investor Protection written by Diane Bugeja and published by Bloomsbury Publishing. This book was released on 2019-12-12 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: The spate of mis-selling episodes that have plagued the financial services industries in recent years has caused widespread detriment to investors. Notwithstanding numerous regulatory interventions, curtailing the incidence of poor investment advice remains a challenge for regulators, particularly because these measures are taken in a 'fire-fighting' fashion without adequate consideration being given to the root causes of mis-selling. Against this backdrop, this book focuses on the sale of complex investment products to corporate retail investors by drawing upon the widespread mis-selling of interest rate hedging products (IRHP) in the UK and beyond. It brings to the fore the relatively understudied field concerning the different degrees of investor protection mechanisms applicable to individual retail investors – as opposed to corporate retail investors – by taking stock of past regulatory reforms and forthcoming regulatory initiatives as well as, more importantly, the conclusions reached by the judiciary in IRHP mis-selling claims. The conclusions are particularly interesting: corporate retail investors are in a vulnerable position when compared to individual retail investors. The former are exposed to a heightened risk of mis-selling, meaning that regulatory intervention should be targeted accordingly. The recommendations made as a result of these findings are further supported by insights emerging from behavioural law and economic theories. This book is aimed at researchers, lawyers and students with an interest in the financial regulation field who are keen to explore potential regulatory reforms to the investment services regime that address the root causes of mis-selling, and restore a level playing field amongst all retail investors.
Book Synopsis International Criminal Law by : Roger O'Keefe
Download or read book International Criminal Law written by Roger O'Keefe and published by OUP Oxford. This book was released on 2015-06-04 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Criminal Law provides a comprehensive overview of an increasingly integral part of public international law. It complements the usual accounts of the substantive law of those international crimes tried to date before international criminal courts and of the institutional law of those courts with in-depth analyses of fundamental formal juridical concepts such as an 'international crime' and an 'international criminal court'; with detailed examinations of the many international crimes provided for by way of multilateral treaty and of the attendant obligations and rights of states parties; and with sustained attention to the implementation of international criminal law at the national level. Direct, concise, and precise, International Criminal Law should prove a valuable resource for scholars and practitioners of the discipline of international criminal law.
Book Synopsis International Investment Law and Water Resources Management by : Ana Maria Daza-Clark
Download or read book International Investment Law and Water Resources Management written by Ana Maria Daza-Clark and published by BRILL. This book was released on 2016-11-21 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hydrological variability, increasing competition for water, and the need for regulatory flexibility may increasingly compel governments to adopt measures with significant economic impact on foreign investment. In International Investment Law and Water Resources Management, Daza-Clark offers an appraisal of indirect expropriation, revisiting the well-known doctrine of the police power. Through the lens of international investment law, the author explores a framework that assesses the legitimate exercise of police power with particular attention to the special nature of water resources.