Michael V. Thomas's Books

Contract Law in Hong Kong

By: Michael Fisher,Desmond G. Greenwood

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This revised and expanded second edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The 16 chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations. The book deals with all the core areas of Contract Law. The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, "vitiating" elements, the consequences of illegality, the termination of contracts and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and proposals for reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong and the theoretical and practical reasons for this. The book is intended primarily as a readable but comprehensive and authoritative text for Hong Kong law students. Practising lawyers and professionals who need to acquire knowledge on the topic, however, will also find this book useful and accessible.

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509

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Hong Kong University Press

Published Date

ISBN 10

9888083759

ISBN 13

9789888083756

The Law of Security and Title-Based Financing

By: Hugh Beale,Michael Bridge,Louise Gullifer,Eva Lomnicka

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The Law of Security and Title-Based Financing

By: Hugh Beale,Michael Bridge,Louise Gullifer,Eva Lomnicka

Personal property security is an important subject in commercial practice, as it is the key to much of the law of banking and sale. This second edition has been fully updated and expanded to cover all important issues and changes within this highly complex area of law. It explains traditional methods of securing debts (such as mortgages, charges, and pledges) on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties, and how the security is enforced if the debt is not paid. The new edition includes an expanded section on priorities in which it explains how 'priority' disputes between competing interests over the same property are resolved. In addition the book covers the law governing other transactions that perform a similar economic function (such as finance leases, retention of title clauses, and sales of a company's book debts). These are not currently treated by the law as security and are therefore subject to different rules on perfection, priority, and enforcement. There is much expansion of the discussion relating to enforcement including the issue of 'right of use' following Lehman, more analysis on administration and all forms of non-possessory security and quasi-security, and a new chapter on enforcement of security addressing the right of appropriation under FC/FCAR and the Cukurova case. The conflict of laws section includes developments under the Rome I Regulation affecting assignment issues, the UNIDROIT Convention 2009 in relation to tiered holdings and the Cape Town Convention's extensions made to coverage of asset-backed security over equipment. It also addresses the changes brought about by the abolition of Slavenburg registration. This edition contains relevant points from the Banking Act 2009 concerning its impact on security, such as the power to protect certain interests on a transfer of property, and also considers amendments regarding liquidators' expenses under the Insolvency Rules. The authors additionally deal with the role of step-in rights and why they are part of the statutory definition of project finance in the Enterprise Act. Previously published as The Law of Personal Property Security, this new edition brings together all of the law on this complex area, providing guidance in the context of commercial practice, especially with increased coverage of conflict of laws, priority, insolvency, and enforcement.

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1456

Publisher

OUP Oxford

Published Date

ISBN 10

0191631019

ISBN 13

9780191631016

Equity and Trusts in Australia

By: Michael Bryan,Vicki Vann,Susan Barkehall Thomas

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Equity and Trusts in Australia

By: Michael Bryan,Vicki Vann,Susan Barkehall Thomas

Incorporating recent case law developments, the second edition of Equity and Trusts in Australia provides undergraduate and Juris Doctor students with a current and accessible introduction to Australian equitable and trust law. Expanding upon first edition content, the text includes greater depth of topic discussion, explanation of key theories and terminology, while demonstrating how these are applied in practice. Chapters including Fiduciary Obligations, Resulting Trusts and Constructive Trusts have been reworked to strengthen the text's coverage of all facets of equity and trusts law. Equity and Trusts in Australia, second edition links key doctrines to their wider relationship with the law, making it a fundamental text for students embarking on this area of study for the first time.

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449

Publisher

Cambridge University Press

Published Date

ISBN 10

1108293743

ISBN 13

9781108293747

Voyage Charters

By: Julian Cooke,Tim Young,Michael Ashcroft,Andrew Taylor,John Kimball,David Martowski,LeRoy Lambert,Michael Sturley

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Voyage Charters

By: Julian Cooke,Tim Young,Michael Ashcroft,Andrew Taylor,John Kimball,David Martowski,LeRoy Lambert,Michael Sturley

Widely regarded as the leading authority on voyage charters, this book is the most comprehensive and intellectually-rigorous analysis of the area, is regularly cited in court and by arbitrators, and is the go-to guide for drafting and disputing charterparty contracts. Voyage Charters provides the reader with a clause-by-clause analysis of the two major charterparty forms: the Gencon standard charterparty contract and the Asbatankvoy form. It also delivers thorough treatment of COGSA and the Hague and Hague-Visby Rules, a comparative analysis of English and United States law, and a detailed section on arbitration awards. This book is an indispensable, practical guide for both contentious and non-contentious shipping law practitioners, and postgraduate students studying this area of law.

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1606

Publisher

Taylor & Francis

Published Date

ISBN 10

1000586286

ISBN 13

9781000586282

Commercial Law

By: Michael Forde

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Commercial Law

By: Michael Forde

This comprehensively updated 4th edition of Michael Forde's Commercial Law will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. Its chapters cover the following topics and cross-refer to the principle works on each of the subjects listed in the Table of Contents. · Michael Forde's Commercial Law has been an essential tool for law practitioners since it was first published in 1990. Now the widely updated 4th edition will ensure practitioners can continue to turn to this book for the accurate and authoritative information they require. The essential coverage includes consumer law initiatives based on EU Directives, plus significant commercial case law. It outlines the emergence of and variety in regulation regimes and deals with insolvency rules in Ireland as well as the credit union sector. Since the last edition published in 2005 this title has been updated to include the vast amount of case law in Ireland and the EU as well as relevant case law in the UK and Canada. It also deals with the following legislation: EC Services Regulations 2010 EC Late Payments in Commercial Transactions Regulations 2012 EU Payment Services Regulations 2018 EU Trade Secrets Regulations 2018 EU Trade Marks Regulations 2018 Copyright and Other Intellectual Property Law Provisions Act 2019 Intellectual Property (Miscellaneous Provisions) Act 2014 Competition (Amendment) Act 2012 Competition and Consumer Protection Act 2014 EU Action for Damages for Infringements of Competition Law Regulations 2017 EU Award of Public Authorities Contracts Regulations 2016 Arbitration Act 2010 Consumer Protection Act 2017 Consumer Insurance Contracts Act 2019

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670

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526518163

ISBN 13

9781526518163

A Treatise of the Laws for the Relief and Settlement of the Poor

Volume I

By: Michael Nolan

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A Treatise of the Laws for the Relief and Settlement of the Poor

Volume I

By: Michael Nolan

First published in 1805, this work summarises the vast array of laws at the time on the relief of the poor in Great Britain. Split across two volumes, it not only condenses the laws themselves but also disentangles the theory and doctrine of each law and explains how the theory should have been applied in practice. This work will be a valuable primary source for those studying 19th poor relief and welfare.

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328

Publisher

Routledge

Published Date

ISBN 10

1315461676

ISBN 13

9781315461670

New York Evidence Handbook

Rules, Theory, and Practice

By: Michael M. Martin,Daniel J. Capra,Faust F. Rossi

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New York Evidence Handbook

Rules, Theory, and Practice

By: Michael M. Martin,Daniel J. Capra,Faust F. Rossi

If you litigate or preside in any court in the state of New York, you know just how confounding the state's evidence law can be. New York Evidence Handbook is the new, comprehensive guide to all of the rules and principles of evidence applicable in New York courts. This new 1,000+ page handbook presents a practical, contemporary approach to evidence -- written with the real-world challenges of the New York trial lawyer and judge in mind. It gathers into one, easy-to-use handbook all of the rules, the leading decisions and the significant statutes you need to consider when assessing the admissibility of evidence. The book walks you through all the rules and their operation (as they relate to judicial notice, presumptions, relevance, the best evidence rule, etc.), discussing all of the leading authorities and citing numerous trial examples. Throughout New York Evidence Handbook, special attention is paid to helping you quickly solve commonly encountered, but difficult, evidence questions.

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1134

Publisher

Wolters Kluwer

Published Date

ISBN 10

0735529817

ISBN 13

9780735529816

Clinical Negligence

By: Dr Michael Powers KC,Anthony Barton

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Clinical Negligence

By: Dr Michael Powers KC,Anthony Barton

I would highly recommend this book...It is high quality, clear and comprehensive and will no doubt prove an invaluable source of reference. Five stars on all counts." Tim Kevan, co-editor, PIBULJ.COM This book remains the only text of its kind to cover both the medical and legal aspects of medical negligence. Written by a team of more than 60 experts, it continues to provide the most comprehensive and authoritative guidance on all aspects of clinical negligence claims, from bringing an action for damages to presenting expert evidence in court. It also includes detailed consideration of funding and cost implications. Those needing clear guidance to make the best possible preparations for an action will find all they need here. The new 6th edition has been fully revised and restructured, including new chapters on the future of clinical negligence litigation, cardiology, gynaecology, obstetrics, haematology , and also includes coverage and analysis of recent key cases such as: - Williams v Bermuda Hospitals [2016] UKPC 4 (causation) - R (on the application of Maughan) v HM Senior Coroner for Oxfordshire [2020] UKSC 46 (suicide in inquests) - Darnley v Croydon Health Authority [2018] UKSC 50 (duty of care owed by receptionist) - ABC v St George's Hosp [2020] EWHC 455 (Huntington's chorea confidentiality) - Swift v Carpenter [2020] EWCA Civ 1295 (future accommodation costs) - Whittington Hospital NHS Trust v XX [2020] UKSC 14 (damages for surrogacy) - Khan v Meadows [2021] UKSC 21 (scope of duty of care) - Nguyen v HM Assistant Coroner for Inner West London [2021] EWHC 3354 (sufficiency of inquiry) Easy-to-access structure The new edition maintains its easy-to-access, two-part structure. The first part, set out in 16 chapters, deals with legal aspects of medical malpractice, including complaints procedures, poor performance and medical professional governance, preparation of medical evidence, settlements and trial. There are also chapters on product liability, and coronial law. The final 27 chapters in the second part cover the risks associated with particular areas of specialist medical practice. This title is included in Bloomsbury Professional's Clinical Negligence online service.

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1609

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Bloomsbury Publishing

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ISBN 10

1526521547

ISBN 13

9781526521545

The Law of Security and Title-Based Financing 4e

By: Louise Gullifer,Michael Bridge,Eva Lomnicka

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The Law of Security and Title-Based Financing 4e

By: Louise Gullifer,Michael Bridge,Eva Lomnicka

Personal property security is an important subject in commercial practice as it is the key to much of the law of banking and sale. This book examines traditional methods of securing debts (such as mortgages, charges and pledges as well as so-called 'quasi-security') on property other than land, describing how these are created, how they must be registered (or otherwise 'perfected') if they are to be valid, the rights and duties of the parties and how the security is enforced if the debt is not paid. This fourth edition has been updated to incorporate recent political and legal developments, including Brexit. The 'Edinburgh Reforms', which have followed the United Kingdom's exit from the European Union, promise a thorough overhaul of the consumer credit regime. The Retained EU Law (Revocation and Reform) Act 2023 potentially affects the interpretation of EU assimilated law, including the Financial Collateral Arrangements (No2) Regulations (FCARs). This edition further assesses the implications of the Business Contract Terms (Assignment of Receivables) Regulations 2018, taking pledges over electronic documents of title in the light of the Electronic Trade Documents Act 2023, the outlawing of 'ipso facto' clauses by the Corporate Insolvency and Governance Act 2020, and the reduced scope of the EU Insolvency Regulation. The treatment of insolvency matters within the framework of the Cape Town Convention is also considered, as are recent cases on pledges of bills of lading when the carrier no longer has possession of the goods, the distinction between fixed and floating charges, equitable liens and the right of appropriation of financial collateral. There is a full discussion of the taking of security over digital assets and the relevance of the FCARs. The only full-length treatment covering both traditional security over personal property and also devices that fulfil a similar economic function, such as retention of title and sales of receivables, The Law of Security and Title-Based Financing is a frequently-cited and indispensable reference work both for practitioners and academics.

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1137

Publisher

Oxford University Press

Published Date

ISBN 10

0198888910

ISBN 13

9780198888918

Community Care Practice and the Law

Fourth Edition

By: Michael Mandelstam

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Community Care Practice and the Law

Fourth Edition

By: Michael Mandelstam

This 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.

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642

Publisher

Jessica Kingsley Publishers

Published Date

ISBN 10

1846428599

ISBN 13

9781846428593

The Limits of Legitimacy

Dissenting Opinions, Media Coverage, and Public Responses to Supreme Court Decisions

By: Michael Zilis

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The Limits of Legitimacy

Dissenting Opinions, Media Coverage, and Public Responses to Supreme Court Decisions

By: Michael Zilis

When the U.S. Supreme Court announces a decision, reporters simplify and dramatize the complex legal issues by highlighting dissenting opinions and thus emphasizing conflict among the justices themselves. This often sensationalistic coverage fosters public controversy over specific rulings despite polls which show that Americans strongly believe in the Court’s legitimacy as an institution. In The Limits of Legitimacy, Michael A. Zilis illuminates this link between case law and public opinion. Drawing on a diverse array of sources and methods, he employs case studies of eminent domain decisions, analysis of media reporting, an experiment to test how volunteers respond to media messages, and finally the natural experiment of the controversy over the Affordable Care Act, popularly known as Obamacare. Zilis finds that the media tends not to quote from majority opinions. However, the greater the division over a particular ruling among the justices themselves, the greater the likelihood that the media will criticize that ruling, characterize it as "activist," and employ inflammatory rhetoric. Hethen demonstrates that the media’s portrayal of a decision, as much as the substance of the decision itself, influences citizens’ reactions to and acceptance of it. This meticulously constructed study and its persuasively argued conclusion advance the understanding of the media, judicial politics, political institutions, and political behavior.

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255

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University of Michigan Press

Published Date

ISBN 10

0472121243

ISBN 13

9780472121243

Handbook of Massachusetts Evidence

By: Mark S. Brodin,Paul J. Liacos,Michael Avery

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Handbook of Massachusetts Evidence

By: Mark S. Brodin,Paul J. Liacos,Michael Avery

Handbook of Massachusetts Evidence is the premier work in its field. This comprehensive and practical guide to the law of Massachusetts evidence gives you the latest case law and up-to-date information on all evidentiary matters, including:RelevanceNew kinds of scientific and statistical evidenceCharacter evidenceAdmissibility of confessionsPrivileges and disqualifications Domestic Abuse Prevention StatuteExpert testimony In addition, this new updated Eighth Edition has been expanded to cover recent topics such as: Expert testimony and scientific proof Hearsay Developments in criminal trials With detailed reference to all significant Massachusetts and federal cases with a bearing on the law of evidence, this trial attorney's 'bible' provides all the insightful analysis you need for practical, day-to-day use.

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890

Publisher

Wolters Kluwer

Published Date

ISBN 10

0735560625

ISBN 13

9780735560628

Jury Ethics

Juror Conduct and Jury Dynamics

By: John Kleinig,James P. Levine,Jeffrey B. Abramson,B. Michael Dann,Shari Seidman Diamond,Norman J. Finkel,Paula Hannaford-Agor,Valerie P. Hans,Julie E. Howe,Nancy J. King

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Jury Ethics

Juror Conduct and Jury Dynamics

By: John Kleinig,James P. Levine,Jeffrey B. Abramson,B. Michael Dann,Shari Seidman Diamond,Norman J. Finkel,Paula Hannaford-Agor,Valerie P. Hans,Julie E. Howe,Nancy J. King

Trial by jury is one of the most important aspects of the U.S. legal system. A reflective look at how juries actually function brings out a number of ethical questions surrounding juror conduct and jury dynamics: Do citizens have a duty to serve as jurors? Might they seek exemptions? Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? Under what conditions might jurors make a valid choice to hold out against or capitulate to their fellow jurors? Is it acceptable to form alliances? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Is it acceptable for jurors to engage in after-hours research? Might a juror legitimately seek to "nullify" the outcome to express disapproval of the law? After trial, are there problems with entering into publishing contracts? Unfortunately, questions such as these have received scant attention from scholars. This book revives attention to these and other issues of jury ethics by collecting new and insightful essays along with responses from leading scholars in the field of jury studies. Contributors: Jeffrey Abramson, B. Michael Dann, Shari Seidman Diamond, Norman J. Finkel, Paula Hannaford-Agor, Valerie P. Hans, Julie E. Howe, Nancy J. King, John Kleinig, James P. Levine, Candace McCoy, G. Thomas Munsterman, Maureen O'Connor, Steven Penrod, Alan W. Scheflin, Neil Vidmar

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309

Publisher

Routledge

Published Date

ISBN 10

1317257138

ISBN 13

9781317257134

Bankruptcy Litigation Manual 2014-2015e

By: Cook,Michael L. Cook

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Bankruptcy Litigation Manual 2014-2015e

By: Cook,Michael L. Cook

Every step in the business bankruptcy litigation process is covered in Aspen Publishers' Bankruptcy Litigation Manual, from the drafting of the first pleadings through the appellate process. In fact, by making the Bankruptcy Litigation Manual a part of your working library, you not only get detailed coverage of virtually all the topics and issues you must consider in any bankruptcy case, you also get field-tested answers to questions you confront every day, such as: How to stay continuing litigation against a corporate debtor's non-debtor officers? What are the limits on suing a bankruptcy trustee? Is the Deprizio Doctrine still alive? Does an individual debtor have an absolute right to convert a case from Chapter 7 to Chapter 13? What prohibitions exist on cross-collateralization in financing disputes? Are option contracts "executory" for bankruptcy purposes? When, and under what circumstances, may a bankruptcy court enjoin an administrative proceeding against a Chapter 11 debtor? What are the current standards for administrative priority claims? When must a creditor assert its setoff rights? When can a remand order issued by a district court be reviewed by a court of appeals? What are the limits on challenging pre-bankruptcy real property mortgage foreclosures as fraudulent transfers? Can an unsecured lender recover contract-based legal fees incurred in post- bankruptcy litigation on issues of bankruptcy law? Is there a uniform federal limitation on perfecting security interests that primes a longer applicable state law period, thus subjecting lenders to a preference attack? Do prior bankruptcy court orders bar a plaintiff's later state court suit and warrant removal of the action in federal court? Michael L. Cook, a partner at Schulte Roth & Zabel LLP in New York and former long-time Adjunct Professor at New York University School of Law, has gathered together some of the country's top bankruptcy litigators to contribute to Bankruptcy Litigation Manual.

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1574

Publisher

Wolters Kluwer

Published Date

ISBN 10

1454843632

ISBN 13

9781454843634

The Law of Rights of Light

By: Michael Barnes KC

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The Law of Rights of Light

By: Michael Barnes KC

The book provides the authoritative statement on the current law on rights of light in England and Wales. The protection of the access of natural light to properties has been a part of our property law for centuries but in recent years has come into particular prominence. This is due to a number of reasons including the existence of easements of light being regarded as an inhibition on new development and the unsatisfactory nature of parts of the law on this subject. This has given rise to two reports in recent years by the Law Commission (one on easements generally in 2011 and one on rights of light specifically in 2014), both containing major proposals for law reform. The purpose of this legal textbook is to explain the law as clearly as possible. In practice rights of light issues and disputes involve technical subjects and inevitably answers to these questions require the expertise of technical experts such as light surveyors. An attempt is made in the book to explain from a non-technical point of view the way in which measurements and calculations are carried out in this area. It is therefore hoped that the book will be of use to lawyers as well as to landowners who may not always understand these technical subjects and to surveyors who may not always be familiar with the legal concepts and difficulties involved in the area of the law of rights of light.

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Page Count

500

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1509905529

ISBN 13

9781509905522

Twomey on Partnership

By: Michael Twomey

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Twomey on Partnership

By: Michael Twomey

Comprehensive and highly detailed, Twomey on Partnership, 2nd edition, includes practitioner-focused chapters on disputes between partners, litigation by and against partnerships and a commentary on each of the clauses of a typical partnership agreement. Few areas of law are as similar throughout the common law world as partnership law. This important book analyses not only Irish, English and Scottish partnership cases, but also the rich vein of partnership cases to be found in other common law jurisdictions, and explains how these cases impact upon Irish law. This new edition has been updated to take account of key Irish cases over the last 17 years, including McAleenan v AIG, Harris v Quigley and Cronin v Kehoe. In addition, it includes analysis of any foreign (particularly English) cases of particular relevance. A new chapter has been added which deals with the Legal Services Regulation Act 2015 and its provisions on partnerships, including limited liability partnerships. While the key partnership acts (the Partnership Act 1890, the Limited Partnerships Act 1907 and the Investment Limited Partnerships Act 1994) have not changed to any significant degree since publication of the first edition, the Irish Government has approved changes to the Investment Limited Partnerships Act 1994 and this is dealt with in the book. Other analysis of legislation in the book has been been updated to reflect the changes since the first edition, in particular the material relating to Companies Act 2014.

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1325

Publisher

Bloomsbury Publishing

Published Date

ISBN 10

1526504871

ISBN 13

9781526504876

Competence in the Law

From Legal Theory to Clinical Application

By: Michael L. Perlin,Pamela R. Champine,Henry A. Dlugacz,Mary Connell

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Competence in the Law

From Legal Theory to Clinical Application

By: Michael L. Perlin,Pamela R. Champine,Henry A. Dlugacz,Mary Connell

The best source for a comprehensive overview of mental competency in criminal, mental disability, and civil law, Competence in the Law prepares mental health professionals to assess questions of both civil and criminal competence and to counsel lawyers and judges in cases in which these issues are germane. A landmark contribution to forensic practice, this book equips you to expertly address critical issues faced in conducting assessments within the legal system.

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322

Publisher

John Wiley & Sons

Published Date

ISBN 10

0470267909

ISBN 13

9780470267905

Legal Aspects of Corrections Management

By: Clair A. Cripe,Michael G. Pearlman,Daryl Kosiak

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Legal Aspects of Corrections Management

By: Clair A. Cripe,Michael G. Pearlman,Daryl Kosiak

This updated third edition of Legal Aspects of Corrections Management provides a current, informative, and reader-friendly discussion of the contemporary legal issues impacting corrections management. Through the use of case law, this text provides readers with a practical understanding of how the First, Fourth, Fifth, Eighth and Fourteenth Amendments relate to the day-to-day issues of running a prison, jail, and other corrections programs, such as probation and parole. The authors' combined corrections experience included such positions as General Counsel, Regional Counsel, and Correctional Program Officer, as well as working within corrections facilities. Their work involved advising corrections staff and management on the legal issues associated with policies and procedures. The authors also have extensive teaching experience in corrections law, the criminal justice system, and criminology. The benefits of such experiences are reflected in the comprehensive coverage of topics in this accessible and updated Third Edition. New to the Third Edition: -Cases and statistical information have been thoroughly updated. -Contains many new photos and figures throughout -New sections include: *Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) *Double Jeopardy *DNA Collection *Searches of Non-Inmates *Legal Challenges to the Method of Execution *Standards of Employee Conduct *Fair Labor Standards Act *Portal-to-Portal Act *Title VII and Inmate-Created Hostile Work Environment *The Americans with Disabilities Act *Death Penalty for Juvenile Offenders Key Features: -Includes engaging real-world examples of common problems and occurrences in corrections to provide students and practitioners with a good understanding of the legal aspects of corrections management. -Provides insight into the legal steps that should be anticipated in a correctional lawsuit. -Provides an accessible and easy-to-understand collection of Supreme Court and significant lower court rulings on key issues in corrections. With the focus on Supreme Court cases, the text has applicability nationwide. -Focuses on constitutional issues affecting such areas as inmate correspondence, visiting, and religion (First Amendment); search and seizure, privacy (Fourth Amendment); due process (Fifth and Fourteenth Amendments); equal protection (Fourteenth Amendment); and the death penalty, conditions of confinement (cruel and unusual punishment), and health care (Eighth Amendment). -Includes coverage of statutory and administrative law, as well as chapters on probation and parole, jails, juveniles, privatization, and the loss of rights of convicted persons. -Includes examples of relevant documents, such as a civil complaint; a sample presentence investigation report; a listing of inmate rights and responsibilities; of misconduct charges; and of mission statements for departments of corrections.

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Page Count

633

Publisher

Jones & Bartlett Publishers

Published Date

ISBN 10

1449639402

ISBN 13

9781449639402

Education Law

By: Michael Imber,Tyll Van Geel

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Education Law

By: Michael Imber,Tyll Van Geel

It also discusses the implications of the law for educational policy and practice."--Jacket.

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617

Publisher

Psychology Press

Published Date

ISBN 10

0805846530

ISBN 13

9780805846539

Law for Advertising, Broadcasting, Journalism, and Public Relations

By: Michael G. Parkinson,L. Marie Parkinson

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Law for Advertising, Broadcasting, Journalism, and Public Relations

By: Michael G. Parkinson,L. Marie Parkinson

This exceptional new text offers an up-to-date and integrated approach to communication law. Written by two practicing attorneys with extensive experience teaching the communication law course, Law for Advertising, Broadcasting, Journalism, and Public Relations covers the areas of communication law essential and most relevant for readers throughout the communication curriculum. Its integrated approach will serve students and practitioners in advertising and public relations as well as those in journalism and electronic media. Providing background to help readers understand legal concepts, this comprehensive communication law text includes an introduction to the legal system; covers legal procedures, structures, and jurisdictions; discusses the First Amendment and electronic media regulations; and considers issues of access. Additional material includes: *intellectual property law; *employment and agency law, with explanations of how these laws create obligations for mass communication professionals and their employees; *commercial communication laws; and *special laws and regulations that impact reporters, public relations practitioners, and advertisers who deal with stock sales. Special features of this text include: *Magic Words and Phrases--defining legal terms; *Cases--illustrating key points in each chapter; *Practice Notes--highlighting points of particular interest to professional media practices; *Instructions on finding and briefing cases, with a sample brief; and *Examples of legal documents and jury instructions. This text is intended as an introduction to communication law for students and practitioners in mass communication, journalism, advertising, broadcasting, telecommunications, and public relations.

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526

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Routledge

Published Date

ISBN 10

1136774629

ISBN 13

9781136774621

Federal Courts

Context, Cases, and Problems

By: Michael Finch,Caprice L. Roberts,Jason Roberts,Michael P. Allen

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Federal Courts

Context, Cases, and Problems

By: Michael Finch,Caprice L. Roberts,Jason Roberts,Michael P. Allen

Federal Courts: Context, Cases, and Problems, Third Edition by Michael Finch, Caprice L. Roberts and Michael P. Allen is an innovative, highly accessible casebook that features problems, cases connected by narrative text, charts, and graphs, all presented in a manner suited to multiple teaching approaches. New to the Third Edition: Updates to each chapter with key cases, text additions, and doctrinal developments, e.g. Markazi, Patchak, diversity jurisdiction via removal, and Ziglar v. Abbasi. New incorporation of thoughtful revisions to streamline comprehension and eliminates unnecessary explorations based on adopter feedback while maintaining all seminal cases. Updated charts, graphs, and problems based on new data, statistics, and cases such as Facebook, Spokeo, Sprint v. Jacobs, and McDonough v. Smith. Sharpened case excerpts to enhance reading assignments and deepen discussions. Professors and students will benefit from: Application opportunities with the included Reference Problems, questions, and additional problems. Clarity of textual material that includes doctrinal highlights, decision trees, diagrams, charts, and other dynamic visual aids. Crisp, insightful case excerpts with helpful connecting explanatory text. Teaching materials include: Teacher’s Manual Sample syllabi

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1116

Publisher

Aspen Publishing

Published Date

ISBN 10

1543809030

ISBN 13

9781543809039

The Law of Proof in Early Modern Equity

By: Michael R. T. Macnair

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The Law of Proof in Early Modern Equity

By: Michael R. T. Macnair

This volume is a systematic study of the rules of proof in English Courts of Equity between the later sixteenth and the early eighteenth century. In this period the proof practices of the Courts of Equity were controversial, as contemporary lawyers saw them as linked to the Civil Law, and some perceived a threat to the Common Law tradition. The reality of this linkage and threat has continued to be controversial among historians. In addition, this period saw the early stages of the development of the Common Law of Evidence, which in modern law is a striking divergence from Civil Law systems. The origins of the law of evidence have traditionally been linked to the need for judges to control the jury, but this view has been subject to several recent critiques. The Courts of Equity did not generally use jury trial. This study considers Equity proof rules in their relationships to contemporary Civil and Canon Law proof conceptions, medieval Common Law rules governing proof of facts, and early Common Law evidence rules. It concludes that Equity courts operated a variant of civilian proof concepts, and mediated an influence of these concepts on the origins of the Common Law of Evidence. These findings cast a new light on the debates on these origins, and on the relationship between the Common Law and Civil Law traditions in early modern England.

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328

Publisher

Duncker & Humblot

Published Date

ISBN 10

342849198X

ISBN 13

9783428491988

A Teacher's Guide to Education Law

By: Michael Imber,Tyll van Geel,J.C. Blokhuis,Jonathan Feldman

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A Teacher's Guide to Education Law

By: Michael Imber,Tyll van Geel,J.C. Blokhuis,Jonathan Feldman

Adapted from its parent volume Education Law, 5th Edition, this accessible text concisely introduces topics in law that are most relevant to teachers. Providing public school teachers with the legal knowledge necessary to do their jobs, A Teacher’s Guide to Education Law covers issues of student rights, discipline, negligence, discrimination, special education, teacher rights, hiring and firing, contracts, unions, collective bargaining, and tenure. Special Features: This revised edition includes new content on bullying, privacy, discrimination, school finance, and issues relating to Internet and technology, as well as updated references and case law throughout. To aid comprehension, technical terms are carefully explained and summaries of key topics and principles are provided. Case law is presented within the context of real-world examples, making this text accessible to pre-service teachers who have little background in law. A companion website provides additional resources for students and instructors, such as links to full cases and a glossary of key concepts.

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441

Publisher

Routledge

Published Date

ISBN 10

1136206159

ISBN 13

9781136206153

A Radical's Books

The Library Catalogue of Samuel Jeake of Rye, 1623-90

By: Michael Cyril William Hunter

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A Radical's Books

The Library Catalogue of Samuel Jeake of Rye, 1623-90

By: Michael Cyril William Hunter

The library owned by Samuel Jeake of Rye, nonconformist and local activist, was one of the most remarkable of its time. It is of particular importance in that relatively little information has hitherto been available about the ownership of books in the English provinces, or the reading habits of intellectuals who -- like Jeake --were outside London and university circles from which most surviving libraries have come down to us. The collection of some 1500 volumes includes an extraordinary assemblage of radical pamphlets from the English Revolution alongside works of theology, literature, scholarship and science. Other books reflect astrological and magical interests, and the collection also includes a medical library. Jeake's library catalogue, published here, gives much information about titles that are now lost, about the penetration of foreign books into provincial England, and about book prices. The introduction places Jeake's collection in context, and makes a significant contribution to the history of the book in the early modern period; appendices list surviving volumes from the library and give a complete list of the Jeake manuscripts now in Rye Museum.MICHAEL HUNTER is Professor of History at Birkbeck College, University of London; GILES MANDELBROTE is a Curator, British Collections 1501-1800, at the British Library; RICHARD OVENDEN is Deputy Head, Rare Books Division of the National Library of Scotland; NIGEL SMITH is Reader in English at the University of Oxford.

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452

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Boydell & Brewer

Published Date

ISBN 10

0859914712

ISBN 13

9780859914710

Jury Duty

Reclaiming Your Political Power and Taking Responsibility

By: Michael Singer

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Jury Duty

Reclaiming Your Political Power and Taking Responsibility

By: Michael Singer

Written by a legal scholar for the general reader, this book demystifies the institution of the jury and validates its political power, providing valuable insights for the more than 30 million Americans who receive a jury summons each year. Jury Duty: Reclaiming Your Political Power and Taking Responsibility presents an accessible account of the origins and development of the jury system as well as a comprehensive, stage-by-stage description of a jury trial and of the sentencing procedure in a criminal trial. The work also provides a unique estimate of the cost of the jury system, which is particularly relevant in this continuing era of budget constraints. Rejecting the justifications usually given for the jury system, the work explains how the political roles of the jury constitute the chief value of the jury system. The basis of these political roles is the unquestionable power of the jury to acquit even a guilty criminal defendant, which allows juries to prevent the enforcement of unjust laws and the imposition of unjust punishments. Accordingly, the book challenges a range of practices that the judiciary has developed to obstruct the jury's exercise of this power. Most people—even including many lawyers—remain unaware of these practices, but they undermine the value of the jury system to our society. Finally, the book offers an original, thought-provoking analysis of the responsibilities imposed on criminal trial jurors in cases of compelling injustice.

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235

Publisher

Bloomsbury Publishing USA

Published Date

ISBN 13

9798216107521

An Analytical Approach To Evidence

Text, Problems and Cases

By: Ronald Jay Allen,David S. Schwartz,Michael S. Pardo,Alex Stein

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An Analytical Approach To Evidence

Text, Problems and Cases

By: Ronald Jay Allen,David S. Schwartz,Michael S. Pardo,Alex Stein

Buy a new version of this textbook and receive access to the Connected eBook with Study Center on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities; practice questions from your favorite study aids; an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. A problem-based Evidence coursebook that presents the Federal Rules of Evidence in context, illuminates the rules’ underlying theories and perspectives, and provides a fully updated and systematic account of the law in a student-friendly hornbook-style format. The material is accompanied with straightforward and systematic explanations. Lively discussion and interesting problems (rather than numerous appellate case excerpts) engage students in understanding the principles, policies, and debates that surround evidence law. The book also contains self-assessment sections in each chapter that teach students how to identify and resolve legal issues and succeed in the final exam. To sum up: this book stands out as “all in one”: it gives students of evidence an up-to-date comprehensive account of the law; it explains complex evidentiary issues in a straightforward and systematic fashion; and it also tells students what their exam will look like and how to succeed in it. New to the Seventh Edition: A new case file to introduce numerous evidence issues throughout the semester, with spin-off problems in each chapter. Updated doctrine, including application of evidence rules to electronic evidence and the online environment. Professors and students will benefit from: An opening case file introducing students to the process of analyzing evidence in terms of the essential elements of a legal dispute, serving as an effective introduction to much of the course to follow A wide range of real-world problems exposes students to the depth and complexity of the Rules of Evidence Every chapter addresses basic rules interpretation, essential policy, and connects theory to practice Assessment problems (modeled on exam questions) at the end of each chapter, including answers with explanations Teaching materials Include: Updated and streamlined Teacher’s Manual, including sample syllabi for both 4- and 3-credit courses, transition guide for each chapter, teaching guidance, and answers to all the problems in the book Problems Supplement that includes most problems deleted from prior editions

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1072

Publisher

Aspen Publishing

Published Date

ISBN 10

1543810632

ISBN 13

9781543810639

Q and a Employment Law 2008 And 2009

By: Richard Benny,Malcolm Sargeant,Michael Jefferson

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Q and a Employment Law 2008 And 2009

By: Richard Benny,Malcolm Sargeant,Michael Jefferson

No matter how good your research and study skills, the ultimate test for the law student is the exam. This book explains how to successfully tackle the sort of problems and essay questions typically found in exam papers. The authors clearly guide students through the process of planning and structuring answers, providing advice on what to include, and on what to leave out. The book contains 50 questions and example answers divided into chapters covering all major topics. Each chapter begins with an introduction focusing on important points and ends with suggestions for further reading. Each question is supported by clear commentary indicating exactly what examiners are looking for, followed by an answer plan listing the key points to cover. Online Resource Centre An Online Resource Centre accompanies the book, providing links to useful websites and a glossary to develop students' knowledge of subject-specific terms.

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274

Publisher

Blackstone Press

Published Date

ISBN 10

0199237247

ISBN 13

9780199237241

Sharia Tribunals, Rabbinical Courts, and Christian Panels

Religious Arbitration in America and the West

By: Michael J. Broyde

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Sharia Tribunals, Rabbinical Courts, and Christian Panels

Religious Arbitration in America and the West

By: Michael J. Broyde

This book explores the rise of private arbitration in religious and other values-oriented communities, and it argues that secular societies should use secular legal frameworks to facilitate, enforce, and also regulate religious arbitration. It covers the history of religious arbitration; the kinds of faith-based dispute resolution models currently in use; how the law should perceive them; and what the role of religious arbitration in the United States and the western world should be. Part One examines why religious individuals and communities are increasingly turning to private faith-based dispute resolution to arbitrate their litigious disputes. It focuses on why religious communities feel disenfranchised from secular law, and particularly secular family law. Part Two looks at why American law is so comfortable with faith-based arbitration, given its penchant for enabling parties to order their relationships and resolve their disputes using norms and values that are often different from and sometimes opposed to secular standards. Part Three weighs the proper procedural, jurisdictional, and contractual limits of arbitration generally, and of religious arbitration particularly. It identifies and explains the reasonable limitations on religious arbitration. Part Four examines whether secular societies should facilitate effective, legally enforceable religious dispute resolution, and it argues that religious arbitration is not only good for the religious community itself, but that having many different avenues for faith-based arbitration which are properly limited is good for any vibrant pluralistic democracy inhabited by diverse faith groups.

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313

Publisher

Oxford University Press

Published Date

ISBN 10

0190640308

ISBN 13

9780190640309

Family Law in the Twentieth Century

A History

By: Stephen Michael Cretney

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Family Law in the Twentieth Century

A History

By: Stephen Michael Cretney

The law governing family relationships has changed dramatically in the course of the 20th century and this book - drawing extensively on both published and archival material and on legal as well as other sources - gives an account of the processes and problems of reform.

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984

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0198268998

ISBN 13

9780198268994

New York Construction Law

By: Michael K. De Chiara,Michael S. Zetlin

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New York Construction Law

By: Michael K. De Chiara,Michael S. Zetlin

New York Construction Law covers everything from licensing and contracts to disputes and claims-including full chapters on design-build projects and recent trends in ADR. It examines all the pertinent cases and statutes, with expert analysis by the state's top construction attorneys, along with practical insights, warnings, and advice culled from years of experience. Highlights include: extensive discussion of the newly enacted Terrorism Risk Insurance Act of 2002 - burden of proof under the Eicheleay formula - pending legislation in New York that would permit a new form of business entity that would be know as design professional service corporation - efforts by Governor Pataki to repeal the Wick's Law - pending state legislation that would render design-build contracts void unless the licensed engineer or architect is specifically identified in the contract and such licensee's practice is independent of the contracting party's business - pending state legislation that would increase the threshold for public works contracts - latest cases concerning who may file a lien, what items are alienable, when liens can be filed, liens filed against condominiums, lien foreclosure actions - a new section regarding assignee of construction contracts.

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456

Publisher

Wolters Kluwer

Published Date

ISBN 10

0735530130

ISBN 13

9780735530133

The Sale of Goods

By: Michael G. Bridge

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The Sale of Goods

By: Michael G. Bridge

This book is a systematic analysis of the modern English law of domestic sale of goods, covering in detail the following aspects of sale of goods contracts:* formation and definitions* passing of property and risk* mistake and frustration* contents of the contract and implied terms* delivery and payment* termination for breach* exclusion clauses* remedies and transfer of title.Full treatment is given to proprietary matters and the significant reforms which have taken place in recent years including the Sale and Supply of Goods Act 1994, and the Sale of Goods (Amendment) Act 1995. The general law of contract is dealt with as it affects the special contract of sale, butexport sales materials are treated only to the extent that they illustrate delivery and payment. The paperback edition also includes a new preface designed for the student reader, covering recent developments in the sale of goods. This thorough and comprehensive book will be a valuable resource forstudents of commercial law as well as academics and practitioners working in the area.

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Page Count

722

Publisher

Oxford University Press, USA

Published Date

ISBN 10

0198765355

ISBN 13

9780198765356

Book's by Michael V. Thomas

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