Utilizing a comparative examination of case-law from England, Canada, the USA, Australia, New Zealand and Ireland, this volume provides a comprehensive and systematic study of the law of intervening causation (novus actus interveniens) to present an analysis of this particular judicial limitation of liability device. The work provides a structure from which to formulate core general legal principles and identify the various legal tests utilized by the courts.
Ethcaste is a theoretical analysis and interpretation of one of the most complex and controversial groups in U.S. society--the black middle class. While this group has received accolades from the liberal journalistic press as well as academia, it has also been highly criticized and oftentimes ridiculed by radical black political activists and intellectuals. This analysis represents an effort to clarify the larger black community as an oppressed group constrained by the capitalist racial dynamics of the dominant white society. In so doing, it summarizes and critiques the major theoretical approaches to the study of social class in U.S. sociology as well as the dominant theories of race and ethnic relations. Noting that most of this preceding scholarship has studied the black community from the perspective that blacks constitute a racial (thus non-cultural) group as opposed to an ethnic (distinct cultural) group, the author presents compelling evidence of the vitality of black American culture and argues persuasively that any analysis of the black middle class must locate it within the cultural dynamics of the larger black community. The core argument in the text is that the so-called racial struggle must be re-defined as a cultural struggle where the core values, norms, and beliefs of the black community have been and continue to be in an intense struggle for dominance with the core values, norms, and beliefs of the white community. In essence, the book offers an alternative model for describing and interpreting the historical and contemporary racial dynamics between the black and white communities.
The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.
This new edition of Retreat from Injustice has the strengths and style of its predecessor: the account of human rights in Australia is firmly grounded in historical and international contexts; the availability and limitations of rights and freedoms are clearly detailed and illustrated with cases; and a particular spotlight is placed on key current human rights issues including terrorism, indigenous issues and asylum seekers.
Tens of thousands of readers have relied on this leading text and practitioner reference--now revised and updated--to understand the issues the legal system most commonly asks mental health professionals to address. Highly readable, the volume demystifies the forensic psychological assessment process and provides guidelines for participating effectively and ethically in legal proceedings. Presented are clinical and legal concepts and evidence-based assessment procedures pertaining to criminal and civil competencies, the insanity defense and related doctrines, sentencing, civil commitment, personal injury claims, antidiscrimination laws, child custody, juvenile justice, and other justice-related areas. Case examples, exercises, and a glossary facilitate learning; 19 sample reports illustrate how to conduct and write up thorough, legally admissible evaluations. New to This Edition *Extensively revised to reflect important legal, empirical, and clinical developments. *Increased attention to medical and neuroscientific research. *New protocols relevant to competence, risk assessment, child custody, and mental injury evaluations. *Updates on insanity, sentencing, civil commitment, the Americans with Disabilities Act, Social Security, juvenile and family law, and the admissibility of expert testimony. *Material on immigration law (including a sample report) and international law. *New and revised sample reports.
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
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