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The Clifford Chance Millennium Lectures
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Book Synopsis European Law in the Past and the Future by : R. C. van Caenegem
Download or read book European Law in the Past and the Future written by R. C. van Caenegem and published by Cambridge University Press. This book was released on 2002 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: R. C. van Caenegem considers the historical reasons behind European legal diversity.
Book Synopsis Courts and Comparative Law by : Mads Andenas
Download or read book Courts and Comparative Law written by Mads Andenas and published by OUP Oxford. This book was released on 2015-07-30 with total page 825 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the role of comparative law in the courts was previously only an exception, foreign sources are now increasingly becoming a source of law in regular use in supreme and constitutional courts. There is considerable variation between the practices of courts and the role of comparative law, and methods remain controversial. In the US, the issue has been one of intense public debate and it is still one of the major dividing issues in the discussion about the role of the courts. Contributing to the existing discussion of the use of comparative law in the courts, this book provides an inclusive, coherent, and practical analysis of the relevant law and jurisprudence in comparative law in the courts. It examines the consequences for court procedures and the form of judgments, as well as how foreign sources are drawn upon in private international law, European law, administrative law, and constitutional law as well as before general courts. The book also includes case studies of comparative law used in particular spheres of the law, such as tort law and consumer law. Written by practising judges and lawyers as well as leading academics, this book serves as a central reference point concerning the role of comparative law before the courts.
Book Synopsis Foster on EU Law by : Nigel G. Foster
Download or read book Foster on EU Law written by Nigel G. Foster and published by Oxford University Press. This book was released on 2017 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nigel Foster provides a concise and clear explanation of EU law, covering both institutional aspects and key substantive areas, offering an accessible entry point to the subject.
Book Synopsis Modern Statutory Interpretation by : Jeffrey Barnes
Download or read book Modern Statutory Interpretation written by Jeffrey Barnes and published by Cambridge University Press. This book was released on 2023-01-10 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.
Book Synopsis Domestic Application of the ECHR by : Eirik Bjorge
Download or read book Domestic Application of the ECHR written by Eirik Bjorge and published by Oxford University Press. This book was released on 2015-10-22 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Domestic courts are entrusted with the application of the European Convention on Human Rights (ECHR), as faithful trustees of the rights protected in the Convention. This book analyses the way in which the domestic courts in the United Kingdom, France, and Germany apply the ECHR and how, applying the Convention, they define their relationship with the European Court of Human Rights. Contrary to what others have contended, the book argues that it is not true descriptively, nor desirable normatively, that the domestic courts approach the ECHR based upon friction and assertion of sovereignty vis-à-vis the European Court. The proper role played by the domestic courts, and the one which they have taken on them to perform in fact, is to apply the Convention in all good faith, building on the principles of the Convention as set out in the jurisprudence of the European Court. But if domestic courts are in a position to apply the ECHR in the first place, it is because the application of the Convention has been entrusted to them by the other organs of the municipal state; in certain cases municipal principles of the separation of powers have an important bearing on domestic interpretation and application of the Convention. Domestic Application of the ECHR: Courts as Faithful Trustees shows that, through their faithful application of the ECHR, domestic courts can - and do - make a positive contribution to the development of the law of the Convention.
Book Synopsis The Organizational Contract by : Stefan Grundmann
Download or read book The Organizational Contract written by Stefan Grundmann and published by Routledge. This book was released on 2016-02-17 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Book Synopsis Judicial Review Handbook by : The Hon Sir Michael Fordham
Download or read book Judicial Review Handbook written by The Hon Sir Michael Fordham and published by Bloomsbury Publishing. This book was released on 2008-11-05 with total page 1367 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreword by Lord Woolf, the former Lord Chief Justice. The Judicial Review Handbook is one of the leading works in public law, an indispensable source of reference and a guide to the burgeoning case law in judicial review. Established as an essential part of the library of any practitioner engaged in public law cases, the Judicial Review Handbook offers unrivalled coverage of administrative law, including, but not confined to the work of the Administrative Court and its procedures. But as anyone who has used the previous editions will acknowledge, it is much more than that. The completely revised and up-dated fifth edition is once again structured around 63 unique legal principles supported by a compendious compilation of sources and an unequalled selection of reported case quotations. It also includes essential procedural rules, forms and guidance issued by the Administrative Court. This edition builds on previous editions with deepened coverage of the impact on judicial review of both the Civil Procedure Rules and the Human Rights Act 1998 which, at the time of the previous edition, were both new arrivals in English law. Their impact, and the plethora of cases which explore their meaning and application, are fully analysed and evaluated by Michael Fordham, and quotations from the cases incorporated into the unique appendices of case extracts. The author, a leading member of the English public law bar, has been involved in many of the leading judicial review cases in recent years and is the founding editor of the Judicial Review journal. "It is our first port of call when we have an administrative law problem". (Lord Woolf, from the Foreword to the Third Edition) See the companion website for this book (including case synopses) at: www.judicialreviewhandbook.com.
Book Synopsis Judicial Recourse to Foreign Law by : Basil Markesinis
Download or read book Judicial Recourse to Foreign Law written by Basil Markesinis and published by Routledge. This book was released on 2012-12-06 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessible and clearly structured, this is the first book to include examinations of public and private law in the discussion about access to foreign laws. With commentaries by an international collection of leading judges in the field, it looks at the practice in a range of countries spread across the globe. In jurisprudence an exchange of ideas is essential, as there is no monopoly of wisdom. Legal convergence is particularly beneficial to both public law, as constitution building is done in so many parts of the world, and to commercial law, where enhanced communication, trade and information mean that people have to work more closely together. This book: examines the theme of judicial mentality and how it helps or hinders recourse to foreign ideas raises and addresses the dangers that accompany comparative law and judicial creativity looks at the practice in America, Canada, England, France, Germany, Italy, Israel, South Africa and at the European Court of Justice. Ideal for practitioners and academics, it is an essential read for those working in or studying jurisprudence at undergraduate or postgraduate level.
Book Synopsis Liability of Asset Managers by : Danny Busch
Download or read book Liability of Asset Managers written by Danny Busch and published by OUP Oxford. This book was released on 2012-03-08 with total page 3328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Given the international nature of the asset management industry, lawyers representing investors, asset managers, and regulators are often confronted with asset management agreements governed by foreign law. This book provides the necessary points of law and practice in the leading jurisdictions allowing lawyers to identify the main pitfalls concerning the foreign law in question. This book is the only comparative analysis of the law of asset manager liability in the major European jurisdictions, the United States, and Canada, each written by specialists from the relevant jurisdiction. This is a much-needed guide on the disparate regulation of asset manager liability in these countries highlighting the absence of uniformity in this area of law despite the implementation of MiFID in Europe. The section on European law provides an overview of the regulation in this field regionally and provides the context in which the national chapters explore the regulation at country level. The comparative evaluation at the end of the book provides a thoughtful assessment of the impact of regulatory frameworks on asset managers private law duties and liabilities. The Introduction situates the country-by-country material within the broader context of questions about regulatory design and effectiveness.
Book Synopsis Manitoba Law Journal: Underneath the Golden Boy 2018 Volume 41(1) by : Bryan P. Schwartz, et al.
Download or read book Manitoba Law Journal: Underneath the Golden Boy 2018 Volume 41(1) written by Bryan P. Schwartz, et al. and published by Manitoba Law Journal. This book was released on with total page 533 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underneath the Golden Boy series of the Manitoba Law Journal reports on developments in legislation and on parliamentary and democratic reform in Manitoba, Canada, and beyond. This issue has articles from a variety of contributing authors including: Bryan P. Schwartz, Darcy L. MacPherson, Richard H. Helmmoltz, Jennifer L. Schulz, Richard Jochelson, David Ireland, John Burchill, Gerard J. Kennedy, Virginia Torrie, Ben Wickstrom, Yassir Alnaji, and Constancia Smart-Carvalho.
Book Synopsis Human Rights from a Comparative and International Law Perspective by : Joan Church
Download or read book Human Rights from a Comparative and International Law Perspective written by Joan Church and published by Unisa Press. This book was released on 2007 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.
Download or read book Foster on EU Law written by Nigel Foster and published by Oxford University Press, USA. This book was released on 2013-05-30 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nigel Foster provides a concise and clear account of EU Law, offering an accessible entry point to the subject. The fourth edition provides an incisive account of the institutions and procedures of the European Union, before moving on to consider key areas of substantive law, including competition law.
Book Synopsis The Jurisprudence of Lord Hoffmann by : Paul S Davies
Download or read book The Jurisprudence of Lord Hoffmann written by Paul S Davies and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Leonard Hoffmann remains one of the most important and influential English jurists. Born in South Africa, he came to England as a Rhodes Scholar to study law at the University of Oxford. After graduating from the Bachelor of Civil Law as Vinerian Scholar, he was elected Stowell Civil Law Fellow of University College. There followed an extremely distinguished judicial career, including 14 years as a member of the Judicial Committee of the House of Lords (from 1995 to 2009). In 2009, Lord Hoffmann returned to the Oxford Law Faculty as a Visiting Professor. In this volume, current and past colleagues of Lord Hoffmann from the University of Oxford examine different aspects of his jurisprudence in diverse areas of private and public law. The contributions are testament to the clarity and creativity of his judicial and extra-judicial writings, to his enduring influence and extraordinary intellectual breadth, and to the respect and affection in which he is held.
Download or read book After Enron written by John Armour and published by Bloomsbury Publishing. This book was released on 2006-11-14 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the end of the twentieth century it was thought by many that the Anglo-American system of corporate governance was performing effectively and some observers claimed to see an international trend towards convergence around this model. There can be no denying that the recent corporate governance crisis in the US has caused many to question their faith in this view. This collection of essays provides a comprehensive attempt to answer the following questions: firstly, what went wrong - when and why do markets misprice the value of firms, and what was wrong with the incentives set by Enron? Secondly, what has been done in response, and how well will it work - including essays on the Sarbanes-Oxley Act in the US, UK company law reform and European company law and auditor liability reform, along with a consideration of corporate governance reforms in historical perspective. Three approaches emerge. The first two share the premise that the system is fundamentally sound, but part ways over whether a regulatory response is required. The third view, in contrast, argues that the various scandals demonstrate fundamental weaknesses in the Anglo-American system itself, which cannot hope to be repaired by the sort of reforms that have taken place. "This collection of papers by leading US and European corporate law scholars provides fresh and rigorous analyses of the recent corporate governance scandals and the strategies devised by regulators to guard against future governance failures." Randall Thomas, John Beasley Professor of Law and Business, Vanderbilt University School of Law, Vanderbilt University.
Book Synopsis The Anatomy of Corporate Law by : Reinier H. Kraakman
Download or read book The Anatomy of Corporate Law written by Reinier H. Kraakman and published by Oxford University Press, USA. This book was released on 2004 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This overview starts from the premise that corporate law across jurisdictions addresses the same three basic agency problems - the opportunism of: managers vis-a-vis shareholders; controlling shareholders vis-a-vis minority shareholders; and shareholdersvis-a-vis other corporate constituencies.
Book Synopsis The Forces of Economic Globalization by : Katherine Lynch
Download or read book The Forces of Economic Globalization written by Katherine Lynch and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increased economic interdependencies and trade flows between states, innovations in information technology and computer networks, a global shift toward market economies and regional and multilateral trade arrangements, have all led to an increasingly globalized world economy. The Forces of Economic Globalization: Challenges to the Regime of International Commercial Arbitration examines some of the challenges facing the regime of international commercial arbitration in the contemporary global economy. It considers the debates concerning the transformation of the global order and the role of nation states within the context of international commercial arbitration. Issues discussed include the transformative effect of economic globalization, the role of the epistemic community and the increased institutionalization within the international arbitral regime, the nationalization of international commercial arbitration and the denationalization and harmonization trends, the competitive nature of legislative reform, convergence and divergence in the international arbitral process, multilateralism and regionalism, market modernization and transnationalism, globalization and lex mercatoria, and the development of online arbitration schemes in cyberspace. This book seeks to analyze the inner penetration of a form of world polity or transnational order ? comprised of part epistemic community, institutional networks, national laws and multilateral conventions, norms, rules, principles and transnational ideology ? on the traditional notion of state sovereignty within the international arbitral regime. The book will interest practitioners and academics with an interest in international commercial arbitration.
Book Synopsis Tradition and Change in Administrative Law by : Marina Künnecke
Download or read book Tradition and Change in Administrative Law written by Marina Künnecke and published by Springer Science & Business Media. This book was released on 2007-08-01 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.
