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Civil Juries and Civil Justice: Psychological and Legal Perspectives
by Brian H. Bornstein Robert Schopp Richard L. Wiener Steven L. WillbornAt last, here is an empirical volume that addresses head-on the thorny issue of tort reform in the US. Ongoing policy debates regarding tort reform have led both legal analysts and empirical researchers to reevaluate the civil jury’s role in meting out civil justice. Some reform advocates have called for removing certain types of more complex cases from the jury’s purview; yet much of the policy debate has proceeded in the absence of data on what the effects of such reforms would be. In addressing these issues, this crucial work takes an empirical approach, relying on archival and experimental data. It stands at the vanguard of the debate and provides information relevant to both state and national civil justice systems.
Coercion and the State (AMINTAPHIL: The Philosophical Foundations of Law and Justice #2)
by David A. Reidy Walter J. RikerA signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
Cold Case (A Barbara Holloway Novel #5)
by Kate WilhelmWith no strong evidence, attorney Barbara Holloway's legal instincts are all she has.
Combating International Crime: The Longer Arm of the Law
by Steven David BrownThe realities of international law enforcement are widely misunderstood and generally mystifying to the uninitiated. Combating cross border crime is a dynamic aspect of criminal justice that is becoming increasingly complex and directly relevant to national and local level policing. Unfortunately, most practitioners and policy-makers are unaware of the challenges involved in investigating and prosecuting criminals across frontiers. Professional experience of combating international crime is still restricted to relatively few. Globalization and technological advances have removed a great many obstacles to trade, but they have also facilitated access to new markets for criminal entrepreneurs whilst offering a reduced risk of detection and prosecution. International criminal activity has always had a significant and direct, if somewhat obscured, impact on the national and local crime picture. Without effective or coordinated cross-border strategies to redress the balance, the risk and damage caused by international criminal activity will continue to increase unabated. Combating International Crime maps the practicalities and challenges in making cross-border law enforcement work. Addressing the prevention, detection, investigation and prosecution of crime or criminality which is conducted in more than one country, it provides a professional assessment and describes the essential ingredients of international law enforcement cooperation. It identifies the needs, implications and consequences of a comprehensive strategy against international crime and contains case studies by way of illustration and example.
Combating International Crime: The Longer Arm of the Law
by Steven David BrownThe realities of international law enforcement are widely misunderstood and generally mystifying to the uninitiated. Combating cross border crime is a dynamic aspect of criminal justice that is becoming increasingly complex and directly relevant to national and local level policing. Unfortunately, most practitioners and policy-makers are unaware of the challenges involved in investigating and prosecuting criminals across frontiers. Professional experience of combating international crime is still restricted to relatively few. Globalization and technological advances have removed a great many obstacles to trade, but they have also facilitated access to new markets for criminal entrepreneurs whilst offering a reduced risk of detection and prosecution. International criminal activity has always had a significant and direct, if somewhat obscured, impact on the national and local crime picture. Without effective or coordinated cross-border strategies to redress the balance, the risk and damage caused by international criminal activity will continue to increase unabated. Combating International Crime maps the practicalities and challenges in making cross-border law enforcement work. Addressing the prevention, detection, investigation and prosecution of crime or criminality which is conducted in more than one country, it provides a professional assessment and describes the essential ingredients of international law enforcement cooperation. It identifies the needs, implications and consequences of a comprehensive strategy against international crime and contains case studies by way of illustration and example.
A Common Consolidated Corporate Tax Base for Europe – Eine einheitliche Körperschaftsteuerbemessungsgrundlage für Europa
by Wolfgang Schön Ulrich Schreiber Christoph SpengelPreface This book contains the proceedings of the International Tax Conference on the c- th th mon consolidated corporate tax base (CCCTB) that was held in Berlin on 15 – 16 may 2007. The conference was jointly organised by the German Federal Ministry of Finance, the Centre for European Economic Research (ZEW), Mannheim, and the Max Planck Institute (MPI) for Intellectual Property, Competition and Tax Law, Munich. More than 250 participants from all over Europe and other regions, scholars, politicians, business people and tax administrators, discussed the Eu- pean Commission’s proposal to establish a CCCTB. Three panels of tax experts evaluated the common tax base with respect to structural elements, consolidation, allocation, international aspects and administration. The conference made clear that the CCCTB has the potential to overcome some of the most intriguing problems of corporate income taxation within the Common Market. Common tax accounting rules substantially reduce compliance and administrative costs. Consolidation of a group’s profits and losses effects cro- border loss compensation which removes a major tax obstacle for European cro- border investment. At the same time, tax planning with respect to financing and transfer pricing is pushed back within the European Union. Moreover, as far as the CCCTB applies, member states are able to remove tax provisions that are targeted at cross border tax evasion and that might be challenged by the jurisdiction of the Eu- pean Court of Justice.
The Common Law in Colonial America: Volume I: The Chesapeake and New England 1607-1660
by William E. NelsonDrawing on groundbreaking and overwhelmingly extensive research into local court records, The Common Law in Colonial America proposes a "new beginning" in the study of colonial legal history, as it charts the course of the common law in Early America, to reveal how the models of law that emerged differed drastically from that of the English common law. In this first volume, Nelson explores how the law of the Chesapeake colonies--Virginia and Maryland--differed from the New England colonies--Massachusetts Bay, Connecticut, New Haven, Plymouth, and Rhode Island--and looks at the differences between the colonial legal systems within the two regions, from their initial settlement until approximately 1660.
Commonwealth Caribbean Law and Legal Systems
by Rose-Marie Belle AntoineFully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
Commonwealth Caribbean Law and Legal Systems
by Rose-Marie Belle AntoineFully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
Commonwealth Caribbean Public Law
by Albert FiadjoeTaking a critical look at the major areas of constitutional and administrative law, Commonwealth Caribbean Public Law places a firm emphasis on the protection of citizens' rights and good governance. The third edition of this book builds on the success of the previous two editions, setting-out the established legal principles through Caribbean cases, along with critique and commentary of the law where appropriate. Contemporary issues and changes in Caribbean public law are addressed including: the refining of the rules governing judicial review; recent cases dealing with the death penalty; and the likely impact on CARICOM initiatives on the rights of citizens.
Commonwealth Caribbean Public Law
by Albert FiadjoeTaking a critical look at the major areas of constitutional and administrative law, Commonwealth Caribbean Public Law places a firm emphasis on the protection of citizens' rights and good governance. The third edition of this book builds on the success of the previous two editions, setting-out the established legal principles through Caribbean cases, along with critique and commentary of the law where appropriate. Contemporary issues and changes in Caribbean public law are addressed including: the refining of the rules governing judicial review; recent cases dealing with the death penalty; and the likely impact on CARICOM initiatives on the rights of citizens.
Community Care Practice and the Law: Fourth Edition
by Michael MandelstamThis fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults. Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care. The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.
Community Care Practice and the Law: Fourth Edition (PDF)
by Michael MandelstamThis fourth edition of Community Care Practice and the Law has been fully updated to reflect the rapid and continuing legal, policy and practice changes affecting community care. It provides comprehensive and jargon-free explanations of community care legislation, as well as other areas of law directly relevant to practitioners, including the NHS, disabled facilities grants and housing adaptations, asylum and immigration, mental capacity, human rights, disability discrimination, health and safety at work and negligence – and a range of legal provisions relevant to the protection and safeguarding of adults. Apart from the burgeoning legal case law and ombudsman investigations, changes from the last edition include coverage of the Mental Capacity Act 2005, legal implications of 'self directed care' and 'individual budgets', changes to direct payments and 'ordinary residence' determinations. In particular, new guidance applies to the high profile issue of NHS continuing health care. The book is an essential guide for practitioners and managers in both the statutory and voluntary sectors, policy makers in local authorities and the NHS, advocates, lawyers and social work students.
Community, Conflict and the State: Rethinking Notions of 'Safety', 'Cohesion' and 'Wellbeing'
by C. CooperCommunity safety is a narrowly defined concept that allows states to ignore arguably more serious threats caused by pro-market policies and the actions of major corporations. This book redresses the idea of what constitutes a social harm and outlines a new policy agenda.
A Companion to Applied Ethics (Blackwell Companions to Philosophy)
by R. G. Frey Christopher Heath WellmanApplied or practical ethics is perhaps the largest growth area in philosophy today, and many issues in moral, social, and political life have come under philosophical scrutiny in recent years. Taken together, the essays in this volume – including two overview essays on theories of ethics and the nature of applied ethics – provide a state-of-the-art account of the most pressing moral questions facing us today. Provides a comprehensive guide to many of the most significant problems of practical ethics Offers state-of-the-art accounts of issues in medical, environmental, legal, social, and business ethics Written by major philosophers presently engaged with these complex and profound ethical issues
A Companion to Business Ethics (Blackwell Companions to Philosophy)
by Robert Frederick Robert FredrickIn a series of articles specifically commissioned for this volume, some of today's most distinguished business ethicists survey the main areas of interest and concern in the field of business ethics. Sections of the book cover topics such as the often easy relation between business ethics and capitalism, the link between business ethics and ethical theory, how ethics applies to specific problems in the business world, the connection between business ethics and related academic disciplines, and the practice of business ethics in modern corporations. Includes extensive, accessible discussion of all of the main areas of interest and debate in business ethics Features all original contributions by distinguished authors in business ethics Includes an annotated table of contents, bibliographies of the relevant literature and a list of internet sources of material on business ethics Perfect, comprehensive book for use in business ethics courses
A Companion to Environmental Philosophy (Blackwell Companions to Philosophy)
by Dale JamiesonA Companion to Environmental Philosophy is a pioneering work in the burgeoning field of environmental philosophy. This ground-breaking volume contains thirty-six original articles exemplifying the rich diversity of scholarship in this field. Contains thirty-six original articles, written by international scholars. Traces the roots of environmental philosophy through the exploration of cultural traditions from around the world. Brings environmental philosophy into conversation with other fields and disciplines such as literature, economics, ecology, and law. Discusses environmental problems that stimulate current debates.
A Companion to Genethics (Blackwell Companions to Philosophy #45)
by Justine Burley John HarrisA Companion to Genethics is the first substantial study of the multifaceted dimensions of the genetic revolution and its philosophical, ethical, social and political significance. Brings together the best and most influential writing about the ethics of genetics; Includes 33 newly-commissioned essays, all written by prominent figures in the field; Shows how there is scarcely a part of our lives left unaffected by the impact of the new genetics.
Comparative Deviance: Perception and Law in Six Cultures
by Graeme R. Newman Marvin E. Wolfgang"Comparative Deviance" represents a systematic attempt to survey public perceptions of deviant behavior cross-culturally: in India, Indonesia, Iran, Italy, Yugoslavia and the United States. There is extensive diversity in both law and perception concerning such deviances as taking drugs, homosexuality, and abortion, yet there is evidence for a basically invariant structure in perception of deviance across all cultures. Within the countries studied in this volume, Geraeme Newman discovers that the strength of religious belief and urban rural background accounted for major differences in the perception of deviance - when differences were identified.Contrary to popular academic opinion in the United States, Newman finds that those countries with the most liberal laws on deviance (i.e., the least punitive sanctions) are also those highly economically developed and least totalitarian (United States and Italy). But when public opinion is considered, the public favors harsher punishments than the law provides. In contrast, in the developing countries of India, Iran and Indonesia, where penal sanctions are more severe, public opinion is much more liberal. The crucial question is the role criminal law plays in the process of modernization: whether law is a stable cultural influence, round which public opinion wavers in a startling fashion, depending on the stage of modernization.These findings challenge many assumptions of conflict theory in sociology, of cultural relativism in anthropology, and of ethical relativism in moral philosophy. All findings are examined in relation to research on modernization, social development, and the evolution of law. These fundamental issues are thus important to many different disciplines across the board.
Comparative Deviance: Perception and Law in Six Cultures
by Graeme R. Newman Marvin E. Wolfgang"Comparative Deviance" represents a systematic attempt to survey public perceptions of deviant behavior cross-culturally: in India, Indonesia, Iran, Italy, Yugoslavia and the United States. There is extensive diversity in both law and perception concerning such deviances as taking drugs, homosexuality, and abortion, yet there is evidence for a basically invariant structure in perception of deviance across all cultures. Within the countries studied in this volume, Geraeme Newman discovers that the strength of religious belief and urban rural background accounted for major differences in the perception of deviance - when differences were identified.Contrary to popular academic opinion in the United States, Newman finds that those countries with the most liberal laws on deviance (i.e., the least punitive sanctions) are also those highly economically developed and least totalitarian (United States and Italy). But when public opinion is considered, the public favors harsher punishments than the law provides. In contrast, in the developing countries of India, Iran and Indonesia, where penal sanctions are more severe, public opinion is much more liberal. The crucial question is the role criminal law plays in the process of modernization: whether law is a stable cultural influence, round which public opinion wavers in a startling fashion, depending on the stage of modernization.These findings challenge many assumptions of conflict theory in sociology, of cultural relativism in anthropology, and of ethical relativism in moral philosophy. All findings are examined in relation to research on modernization, social development, and the evolution of law. These fundamental issues are thus important to many different disciplines across the board.
Competence and Vulnerability in Biomedical Research (International Library of Ethics, Law, and the New Medicine #40)
by Philip BielbyEnhanced knowledge of the nature and causes of mental disorder have led increasingly to a need for the recruitment of ‘cognitively vulnerable’ participants in biomedical research. These individuals often fall into the ‘grey area’ between obvious decisional competence and obvious decisional incompetence and, as a result, may not be recognised as having the legal capacity to make such decisions themselves. At the core of the ethical debate surrounding the participation of cognitively vulnerable individuals in research is when, if at all, we should judge them decisionally and legally competent to consent to or refuse research participation on their own behalf and when they should be judged incompetent in this respect. In this book, the author develops a novel justificatory framework for making judgments of decisional competence to consent to biomedical research with reference to five groups of cognitively vulnerable individuals - older children and adolescents, adults with intellectual disabilities, adults with depression, adults with schizophrenia and adults with dementia, including Alzheimer’s disease. Using this framework, the author argues that we can make morally defensible judgments about the competence or incompetence of a potential participant to give contemporaneous consent to research by having regard to whether a judgment of competence would be more harmful to the ‘generic rights’ of the potential participant than a judgment of incompetence. The argument is also used to justify an account of supported decision-making in research, and applied to evaluate the extent to which this approach is evident in existing ethical guidelines and legal provisions. The book will be of interest to bioethicists as well as psychiatrists and academic medical lawyers interested in normative questions raised by the concepts of competence and capacity.
Competence Assessment in Dementia
by Gabriela StoppeThe increasing proportion of demented elderly in populations, debates over patient’s rights and autonomy, and the growing body of knowledge on dementia has inspired the European Dementia Consensus Network to regard competence assessment in dementia as an important topic of debate. This book contains a summarised consensus as well as chapters on state-of-art neuropsychological functions and how they relate to competence, and chapters discussing ethical, legal perspectives.
The Complete Guide to Letting Property: Including Information on Buy-to-let, HIPs and Tenancy Deposit Schemes (7th edition) (PDF)
by Liz HodgkinsonDespite the current financial climate, this book demonstrates how buying property to let can still be a sensible and profitable investment option.The Complete Guide to Letting Property includes comprehensive information on rental legislation including: the Tenancy Deposit Scheme, HIPs, safety and energy requirements for rental properties, and Landlord Accreditation Schemes. It provides reliable advice on all aspects of becoming a landlord, from choosing the right type of property and calculating finances to selling a rental investment that has sitting tenants.In-depth discussion of the advantages and disadvantages of buying offplan, both in the UK and abroad, as well as the important elements involved in guaranteed rental schemes, ensure that this guide is a must-read if you are considering letting a property.
Computable Models of the Law: Languages, Dialogues, Games, Ontologies (Lecture Notes in Computer Science #4884)
by Giovanni Sartor Núria Casellas Rossella RubinoInformation technology has now pervaded the legal sector, and the very modern concepts of e-law and e-justice show that automation processes are ubiquitous. European policies on transparency and information society, in particular, require the use of technology and its steady improvement. Some of the revised papers presented in this book originate from a workshop held at the European University Institute of Florence, Italy, in December 2006. The workshop was devoted to the discussion of the different ways of understanding and explaining contemporary law, for the purpose of building computable models of it -- especially models enabling the development of computer applications for the legal domain. During the course of the following year, several new contributions, provided by a number of ongoing (or recently finished) European projects on computation and law, were received, discussed and reviewed to complete the survey. This book presents 20 thoroughly refereed revised papers on the hot topics under research in different EU projects: legislative XML, legal ontologies, semantic web, search and meta-search engines, web services, system architecture, dialectic systems, dialogue games, multi-agent systems (MAS), legal argumentation, legal reasoning, e-justice, and online dispute resolution. The papers are organized in topical sections on knowledge representation, ontologies and XML legislative drafting; knowledge representation, legal ontologies and information retrieval; argumentation and legal reasoning; normative and multi-agent systems; and online dispute resolution.
Concise European Patent Law
by Richard Hacon & Jochen PagenbergIn our technological society patent law plays a central role as an incentive for the development and marketing of new technologies in many fields of business. The number of patent applications continues to grow considerably every year. International and European conventions and other instruments have been implemented in order to simplify the application for and enforcement of patents and which also govern the scope of protection afforded by a patent in Europe. Others are being planned. This second edition of Concise European Patent Law aims to offer the reader a rapid understanding of all the provisions of patent law in force in Europe that have been enacted at the European and international levels. This volume takes the form of an article-by-article commentary on the European Patent Convention and the relevant European Community legislation and international treaties. It is intended to provide the reader with a short and straightforward explanation of the principles of law to be drawn from each provision, with references to the most important case law. Editors and authors are prominent specialists (both academics and practitioners) in the field of international and European patent law. Concise European Patent Law, second edition is one of a series of volumes of commentary on European Intellectual property legislation edited by Thomas Dreier, Charles Gielen and Richard Hacon, based on the respected German and Dutch series ‘Kurzkommentar and Tekst en Commentaar.’