A superbly clear, direct, and detailed explanation of the rule that underpin the law of evidence. The Modern Law of Evidence is well-established as a lucid, engaging, authoritative and comprehensive exploration of the law of evidence. The emphasis is on critical focused analysis, setting the rules in context and drawing upon both modern practice and a wealth of relevant legal and non-legal research. An ideal text for undergraduate and postgraduate students, including students undertaking the bar course or solicitors' training courses. The Modern Law of Evidence is also an authoritative resource for legal practitioners and judges, including appellate judges in England and Wales and across the Commonwealth. Book jacket.
JC Smith's The Law of Contract' provides a superb overview of all the key areas of contract law making this book ideal for use on all undergraduate courses. A focus on key cases acts a springboard into analysis and critical discussion enabling students to really understand the fundamentals of the subject.
Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
Law and the Built Environment is a core textbook for all students undertaking compulsory law modules on construction, real estate and property management programmes. This single text provides an accessible introduction to the many areas of law studied by aspiring built environment professionals. Written by a team of lecturers with many years' teaching experience in these areas, key principles of English law are placed in their relevant professional context and clearly explained in exactly the right level of detail for success in the modules studied. The book also focuses in greater depth on some specialist areas of built environment professional practice, including construction contracts, health and safety, rent review, dilapidations, and lease renewals. It provides an essential resource for students studying for qualifications leading to professional membership of the Royal Institution of Chartered Surveyors (RICS) or the Chartered Institute of Building (CIOB). It caters primarily for students studying these subjects at bachelor's degree level, but will also be suitable for students on programmes at HNC and HND levels, as well as those undertaking professional examinations. It will also provide introductory reading for students undertaking master's level programmes, and particularly for the increasing numbers of graduates from other disciplines who are now studying on RICS-accredited master's degree conversion programmes.
American Judicial Power: The State Court Perspective is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions. The study of America’s courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation’s justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America’s state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts. With an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.
Paul Davies and Graham Virgo present a clear and engaging text, cases, and materials approach, providing a contextualized and authoritative account of equity and trusts.
Eleanor Cameron (1912-1996) was an innovative and genre-defying author of children's fiction and children's literature criticism. From her beginnings as a librarian, Cameron went on to become a prominent and respected voice in children's literature, writing one of the most beloved children's science fiction novels of all time, The Wonderful Flight to the Mushroom Planet, and later winning the National Book Award for her time fantasy The Court of the Stone Children. In addition, Eleanor Cameron played an often vocal role in critical debates about children's literature. She was one of the first authors to take up literary criticism of children's novels and published two influential books of criticism, including The Green and Burning Tree. One of Cameron's most notable acts of criticism came in 1973, when she wrote a scathing critique of Roald Dahl's Charlie and the Chocolate Factory. Dahl responded in kind, and the result was a fiery imbroglio within the pages of the Horn Book Magazine. Yet despite her many accomplishments, most of Cameron's books went out of print by the end of her life, and her star faded. This biography aims to reinsert Cameron into the conversation by taking an in-depth look at her tumultuous early life in Ohio and California, her unforgettably forceful personality and criticism, and her graceful, heartfelt novels. The biography includes detailed analysis of the creative process behind each of her published works and how Cameron's feminism, environmentalism, and strong sense of ethics are reflected in and represented by her writings. Drawn from over twenty interviews, thousands of letters, and several unpublished manuscripts in her personal papers, Eleanor Cameron is a tour of the most exciting and creative periods of American children's literature through the experience of one of its valiant purveyors and champions.
Containing 40 visually coded maps of the fifty states, this book offers an unprecedented look at America's diverse legal landscape. This first-of-its-kind volume sketches the diversity implicit in United States criminal law doctrine through its examination of a range of criminal laws pertaining to murder, sexual assault, drug offenses, the insanity defense, and more and the way in which different states deal with those issues. In addition to providing insights into the most widely invoked standards in criminal law, it raises awareness of the enormous discrepancies among the criminal laws of states, documenting them using dozens of visually coded maps that showcase geographic, political, and socioeconomic differences to explain patterns of agreement and disagreement. Mapping American Criminal Law: Variations Across the 50 States is for political scientists, criminologists, sociologists, legal scholars, policy advisors, legislators, lawyers, judges, and scholars and students of these fields. In addition, each chapter is highly accessible to laypersons and includes an explanation of the subject matter as well as explanations of the various approaches to criminal law taken by states.
Contract Law, Second Edition is a comprehensive and informative account of Irish contract law which contains all of the developments since the first edition was published in 2001. Building on the original material of the first edition, this edition contains two new chapters which examine the topics of: - How to successfully make contracts - Remedies other than damages, namely specific performance, injunctions and restitution The law relating to contracts is set out and explained under clear headings and in straightforward language. In addition, every major Irish case on contract law is considered. Particular emphasis is placed on practical matters such as the construction of contracts, breach of contract and contractual remedies. This edition also includes a large number of new cases from the High Court, Court of Appeal and Supreme Court on every area. This title was written by a practitioner who is also an academic, the book sets out the principles and case law in a clear and structured manner with easy to use headings and an easy to navigate format. The information is both of an academic interest and with serious practical relevance. Practitioners, students and anyone who has to deal with contracts in the course of their work will benefit from this most welcome new edition.
English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law. It upends conventional thinking, charting the development of administrative law from the mid-16th century with an in-depth examination of primary legal materials, statute, and case law.
Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Accessory liability in the private law is of great importance. Claimants often bring claims against third parties who participate in wrongs. For example, the 'direct wrongdoer' may be insolvent, so a claimant might prefer a remedy against an accessory in order to obtain satisfactory redress. However, the law in this area has not received the attention it deserves. The criminal law recognises that any person who 'aids, abets, counsels or procures' any offence can be punished as an accessory, but the private law is more fragmented. One reason for this is a tendency to compartmentalise the law of obligations into discrete subjects, such as contract, trusts, tort and intellectual property. This book suggests that by looking across such boundaries in the private law, the nature and principles of accessory liability can be better understood and doctrinal confusion regarding the elements of liability, defences and remedies resolved. Winner of the Joint Second SLS Peter Birks Prize for Outstanding Legal Scholarship 2015.
An innovative examination of the law's treatment of property, this student textbook provides an extremely useful and readable account of general property law principles. It draws on a wide range of materials on property rights in general, and the English property law system in particular, looking at all kinds of property, not just land. It includes the core legal source materials in property law along with excerpts from social science literature, legal theory, and economics, many of which are not easily accessible to law students. These materials are accompanied by a critical commentary, as well as notes, questions and suggestions for further reading. It will be of interest to undergraduate property law students and to non-law students taking property law modules in courses covering planning, environmental law, economics and estate management.
This is the leading work on forensic medicine and the law in the UK. Written by a team of leading legal practitioners, pathologists and other experts, this Seventh Edition has been fully revised to bring it up to date with the latest legal, medical and scientific developments. It is the only book directed at both the legal practitioner and the expert medical witness. It provides unique commentary on the law in all three UK jurisdictions: England and Wales, Northern Ireland and Scotland. It guides experts on their role and duties to the courts and highlights areas of current scientific and legal controversy with additional reference sources. In addition to two new chapters on forensic psychiatry and forensic science, the Seventh Edition includes updates and new material on: - Introduction to medicine, the systems of the body and autopsy procedure - Forensic medicine covering assaults, firearms, head injuries, road traffic collisions, falls, asphyxia, drowning, hypothermia, and heat and electricity - Sexual offences, deaths in detention, forensic odontology and toxicology - Guidance for the expert medical witness on giving evidence in the UK courts, covering the UK's criminal justice systems, coroners' courts and fatal accident inquiries This title is included in Bloomsbury Professional's Personal Injury Law online service.
Expert evidence frequently wins or loses cases. The importance of handling that evidence properly is therefore paramount. Fundamental to this is the application of privilege. Indeed, thorny privilege issues relating to expert documents, drafts, communications, instructions, collateral use, joint statements, statements of replaced experts, amongst other issues, come up time and again in practice. This book approaches 'expert privilege' as a subcategory of privilege of its own. This is not because it is defined by a uniform subset of rules that apply to all situations in which expert material is at issue, but precisely because it is not. Neither can assumptions about privilege in expert evidence be based on other areas of application. Instead, 'expert privilege' is a highly idiosyncratic and problematic area. None of the traditional privilege texts are dedicated to this important subject. A book dealing with 'expert privilege' as a subject area of its own is therefore highly overdue. This is the first such book. This book provides an overview of the issues, cases and rules that feature in this complex area, with the touchstone of practicality kept very much in mind throughout. The order in which issues are discussed follows the process by which expert evidence is prepared, from instruction through to collateral use. The intended readership is solicitors and counsel practicing in England and Wales in all the areas of civil, commercial litigation that use expert evidence. This book will also be of interest to practitioners in other common law countries and academics who are interested in English procedural law. This title is included in Bloomsbury Professional's International Arbitration online service.
Argues that the fundamental reason for church-state conflict is our aversion to questions of religious truth. By trying to avoid the question of religious truth, law and religion has ultimately reached a state of incoherence. He asserts that the answer to this dilemma is to take the agnostic turn: to take an empathetic and imaginative approach to questions of religious truth, one that actually confronts rather than avoids these questions, but without reaching a final judgment about what that truth is"--Jacket.
The Fourth Edition of ERISA: A Comprehensive Guide provides a thorough and authoritative analysis of the principal statutory provisions of the Employee Retirement Income Security Act of 1974 (ERISA) and the corresponding provisions of the Internal Revenue Code (Code) dealing with employee benefits. It also discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA; the Code provisions relating to the requirements for tax-qualified retirement plans; and the subsequent legislation amending or supplementing ERISA and such Code provisions. Cited by the Supreme Court, ERISA: A Comprehensive Guide discusses and explains the multitude of regulations, rulings, and interpretations issued by the Department of the Treasury, the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation in explanation of ERISA and the subsequent legislation amending or supplementing ERISA. ERISA: A Comprehensive Guide has been updated to include: A new chapter that focuses on the key federal employment laws, such as the antidiscrimination, wage and hour, and leave laws, which often must be considered by benefits professionals when providing benefits advice to their clients A revised chapter on ERISA preemption, which includes a new discussion of what constitutes a "plan" for purposes of applying ERISA preemption and an updated discussion of the impact of the Supreme Court's decision in Cigna Corp. v. Amara on ERISA preemption A summary of the requirement of providing health plan participants with a Summary of Benefits and Coverage has been added to the discussion of benefit plan notice requirements An update on recent court decisions involving 401(k) fee litigation and the extent to which excessive or undisclosed fees can constitute a breach of ERISA fiduciary duty. The Department of Labor's final regulations issued under ERISA Section 408(b)(2), regarding the disclosure that must be made by service providers to plan fiduciaries concerning the direct and indirect compensation that the service providers receive in connection with providing services to a covered plan A discussion regarding the income tax consequences of employer-paid COBRA premiums A discussion regarding successor liability in asset sale transactions has been added to the chapter on mergers and acquisitions A discussion regarding the extent to which an employer's interference with the benefits of union supporters may constitute an unfair labor practice under the National Labor Relations Act
North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
In short, we have a first-rate study of an important constitutional symbol of disunion." --Donald Roper, American Journal of Legal History 26 (1982) 255. Finkelman describes the judicial turmoil that ensued when slaves were taken into free states and the resultant issues of comity, conflict of laws, interstate cooperation, Constitutional obligations, and the nationalization of slavery. "Other scholars have defined the antebellum constitutional crisis largely in terms of the extension of slavery to the territories and the return of fugitive slaves. Finkelman's study demonstrates that the comity problem was also an important dimension of intersectional tension. It is a worthy addition to the growing literature of slavery." -- James W. Ely, Jr., California Law Review 69 (1981) 1755. Paul Finkelman is the President William McKinley Distinguished Professor of Law and Public Policy and Senior Fellow, Government Law Center, Albany Law School. He is the author of more than 200 scholarly articles and more than 35 books including A March of Liberty: A Constitutional History of the United States, with Melvin I. Urofsky (2011), Slavery, Race and the American Legal System, 1700-1872 (editor) (1988) and Slavery in the Courtroom (1985).
Presents an encyclopedia of religion and politics in America including short biographies of important political and religious figures like Ralph Abernathy, civil rights leader, and Ralph Waldo Emerson, writer, and synopses of religious entities like the Branch Davidians and the Episcopal church as well as important court cases of relevancy like Epperson et al. v. Arkansas having to do with evolution.
This coursebook offers an exciting new approach to teaching criminal law to graduate and undergraduate students, and indeed to the general public. Each well-organized and student-friendly chapter offers historical context, tells the story of a principal historic case, provides a modern case that contrasts with the historic, explains the legal issue at the heart of both cases, includes a unique mapping feature describing the range of positions on the issue among the states today, examines a key policy question on the topic, and provides an aftermath that reports the final chapter to the historic and modern case stories. By embedding sophisticated legal doctrine and analysis in real-world storytelling, the book provides a uniquely effective approach to teaching American criminal law in programs on criminal justice, political science, public policy, history, philosophy, and a range of other fields.
The diversity and complexity of the legal issues that can arise in the course of the activities of a club, society or association present numerous questions for those advising and managing those bodies for which they need guidance. Problems range from the interpretation of rules to anti-discrimination legislation. Legal issues can span alcohol licensing, charities, company law, employment law, expulsion procedures, litigation, meetings, promotion of lotteries, property law and taxation. This is the definitive guide to the legal framework within which clubs, societies and associations operate, bringing together the various strands of law (including new case law and recent legislation) to provide practical legal advice for these bodies, their advisers and officers. The work includes a full set of model rules as well as other useful material in the Appendices.
This authoritative text and reference work is based upon landmark cases decided by the Supreme Court and still prevailing. Widely adopted and recommended for courses and research in American history, constitutional law, government, and political science. Clear, concise summaries of the most frequently cited cases since the establishment of the U.S. Supreme Court; each summary gives the question at issue, the decision and the reason behind it, votes of the justices, pertinent corollary cases, and notes offering further information on the subject; detailed explanation of the organization and functions of the Supreme Court; a complete text of the Constitution of the United States; a complete index of all cases cited; listings of all the chief justices and associate justices, the dates of their service, and president who appointed them, their state of origin, and their birth and death dates.
Despite its importance to the life of the nation and all its citizens, the Supreme Court remains a mystery to most Americans, its workings widely felt but rarely seen firsthand. In this book, journalists who cover the Court—acting as the eyes and ears of not just the American people, but the Constitution itself—give us a rare close look into its proceedings, the people behind them, and the complex, often fascinating ways in which justice is ultimately served. Their narratives form an intimate account of a year in the life of the Supreme Court. The cases heard by the Surpreme Court are, first and foremost, disputes involving real people with actual stories. The accidents and twists of circumstance that have brought these people to the last resort of litigation can make for compelling drama. The contributors to this volume bring these dramatic stories to life, using them as a backdrop for the larger issues of law and social policy that constitute the Court’s business: abortion, separation of church and state, freedom of speech, the right of privacy, crime, violence, discrimination, and the death penalty. In the course of these narratives, the authors describe the personalities and jurisprudential leanings of the various Justices, explaining how the interplay of these characters and theories about the Constitution interact to influence the Court’s decisions. Highly readable and richly informative, this book offers an unusually clear and comprehensive portrait of one of the most influential institutions in modern American life.
The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.
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.
Bill Clark was Ronald Reagan's single most trusted aide, perhaps the most powerful national security advisor in American history. His close relationship with Reagan allows a special insight into the President as well as other close friends from the earliest Reagan years: Lyn Nofziger, Cap Weinberger and Bill Casey. Also featured are the exquisite Clare Boothe Luce; the elegant Nancy Reagan; the mercurial Alexander Haig; Britain's "Iron Lady", Margaret Thatcher; France's wily François Mitterrand, the saintly Pope John Paul II, and an anxious Saddam Hussein, among others. With Reagan, Clark accomplished many things, but none more profound than the track they laid to undermine Soviet communism, to win the Cold War. "--from cover.
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