The commonly held view about English administrative law is that it is of recent origin, with some dating it from the mid-20th century and some venturing back to the late 19th century. English Administrative Law from 1550: Continuity and Change upends this conventional thinking, charting its development from the mid-16th century with an in-depth examination of administrative law doctrine based on primary legal materials, statute, and case law. This book is divided into four parts. Part 1 sets out the book's principal thesis, contrasting standard perceptions concerning the existence of English administrative law with the reality of its emergence from the mid-16th century. Part 2 is concerned with Regulation and Administration from the mid-16th century to the end of the 19th century. There is detailed analysis of the regulatory and administrative state, which includes chapters on the way in which administrative policy was developed through individual decision-making and rulemaking, and the role played by contract in service delivery. Part 3 deals with Courts and Doctrine. It begins with discussion of foundational precepts followed by chapters on natural justice; review of law and fact; rights; delegation, fettering and purpose; reasonableness; proportionability; prerogative; and third and fourth source power. Part 4 of the book covers Remedies and Review, with chapters on invalidity; standing; the prerogative writs; injunction, declaration, quo warranto and habeas corpus; and damages and restitutionary liability. With thought-provoking and original insights, English Administrative Law from 1550 systematically elaborates and contextualizes the origins of administrative law features while linking them to their modern-day equivalents.
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.
This book aims to help students learn the common legal concepts taught in sport management curricula without the use of unnecessary legalese. Information and examples in the text challenge students to think about sport law concepts and apply them to the practical world of sport management"--
Authored by a legal specialist and an education professor, this study is targeted to everyone involved in the education of students with disabilities and provides a full examinatiaon of the legal issues. Each chapter blends classroom vignettes and teachable moments with relevant legal rights and responsibilities of all school personnel. Disability rights laws are an essential part of every classroom, not just special education classrooms. Laws providing rights and protections to students and teachers with disabilities will be limited in utility unless all teachers understand the laws and the roles of the laws in the classroom. As the number of lawsuits in education is on the rise, Teachers must learn about the numerous legal issues possible in order to protect themselves against becoming involved in court cases. Teacher preparation programs must prepare all teachers to deal with these issues and to be aware of legal requirements for an equal education. A legal mandate for an individual education plan, a less restrictive environment, and a free appropriate public education for students with disabilities are topics that all general education teachers must know and understand. This text is geared to all general education majors at all levels and in every content area, as well as administrators, teachers, parents of students with disabilities, and those involved in legal research.
“We Were Not the Savages … is unique, in chronological scope and in the story it tells, covering the last three centuries of Mi’kmaq history in detail. Prior to the appearance of this book it was common for historians to downplay or even deny the violence inflicted on the Mi’kmaq people by European and Euro-American colonizers. This work, more than any other piece of scholarly production, has headed off that consensus at a pass. Scalp-bounty policies are now recognized as a historical problem worthy of investigation. The book will also be of particular interest to readers in the United States for a variety of reasons. First, the early history of colonization in the Maritimes is closely tied to the history of the colonies that became the United States, and as late as the 1750s New England’s political leaders played a prominent role in directing the course of colonial affairs on Cape Breton Island and Nova Scotia. ... Second, the chapters on the nineteenth and twentieth centuries provide a detailed and much needed basis of comparison for anyone seeking to understand the similarities and contrasts between the U.S. and Canada on questions of “Indian Affairs.” And finally, it is important to recognize that we have far too few histories written by Native American authors—very few indeed that cover as extensive a time span as this book does.” — Geoffrey Plank, Associate Professor of History, University of Cincinnati “Having, over the years ... read most of the sources you cite in your book, I had long ago arrived at the same conclusion you have. Certainly, white intrusions everywhere in the world have been disastrous for indigenous peoples.” — Allison Mitcham, Professor Emeritus, University of Moncton “Count me in too, among your book’s advocates... [it] knocks the smile off Englishmen who claim their colonial presence among Indians was ‘better’ than that of the Spanish.” — C. Blue Clark, Interim Director, Native American Legal Center, Oklahoma City “We Were Not the Savages is a provocative and excellent book.... It is brave, insightful, unflinching and above all honest. And, most important, it greatly enhances our positive images of Amerindians.” — Barry Jean Ancelet, University of Louisiana “Reading the pages of this book, continually affirms for me, how good it is to be a Mi’kmaq. I so wish that my father was still living. Wouldn’t he be so proud that such a book was available. I also wish that this history book was in existence years ago, a book that now empowers me and fills me with great pride to be a Mi’kmaq.” — Sister Dorothy Moore, Prominent Mi’kmaq Educator This updated edition incorporates Daniel Paul’s ongoing research. It clearly and profoundly shows that the horrors of history still rain upon the First Nations people of the present. DANIEL PAUL is an ardent spokesperson and activist for human rights. He holds, among many awards, an honorary degree in Letters, Université Sainte-Anne, Church Point, Nova Scotia. He is a member of the Order of Canada and a member of the Order of Nova Scotia.
The Employment Tribunals Handbook: Practice, Procedure and Strategies for Success, Sixth Edition is a comprehensive guide to bringing and defending a claim in the employment tribunal. Using a step-by-step structure, with clear examples and illustrations of the rules and principles, it covers every stage from pre-action procedure and protocols through to conducting the hearing itself, as well as the appeal process. It provides commentary, practical examples and illustrations of rules and principles to place law and procedure in context, alongside precedents and templates for drafting key documents. The Sixth Edition includes coverage of the changes to the tribunal fees structure after the Supreme Court deemed some associate fees unlawful, as well as changes to the rules of procedure and the associated claims process and forms. The Employment Tribunals Handbook offers tactical insights to maximise a litigant's prospect of success and will help the reader to: - Commence or defend employment tribunal claims - Prepare for and conduct preliminary hearings - Negotiate settlement of claims - Prepare for and conduct the full hearing - Calculate and obtain the appropriate remedy This is an essential title for all those who appear in employment tribunals, including solicitors, barristers, HR professionals, trade union officials and litigants in person.
Paul Davies and Graham Virgo present the most engaging and student-focused text, cases, and materials approach to equity and trusts, providing an authoritative account of the law in a single volume.
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
Commercial Law covers the fundamental principles of the subject and the relevant case and statute law. Presented in a clear and accessible format, the text adopts an engaging style and explains the law in a critical and evaluative approach. Use of topical and relevant practical examples help draw out key principles and introductions to parts seek to link the law into its wider context
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.
The two volumes of Prayer Book Parallels are aids to the study of the development of the American book from as many points of view as possible. They include liturgical texts and related historical documents. Volume One contains the texts of the public services of the American Church arranged in parallel columns--from the colonial period to the present--to enable comparative study. The two volumes are of great value to seminarians, clergy, church historians, and anyone interested in the development of the present Prayer Book.
Health Care Fraud: Enforcement and Compliance focuses on fraud and abuse issues involving health care providers as well as application of the laws governing fraud and abuse to manufacturers of drugs and medical devices and other non-providers such as medical researchers.
In ruling after ruling, the three most important pre–Civil War justices—Marshall, Taney, and Story—upheld slavery. Paul Finkelman establishes an authoritative account of each justice’s proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.
Paul Sabin offers a study of the oil market in California before World War II, showing how the development of an economy & society very heavily dependent upon oil production & consumption was largely directed by policy decisions regarding property rights, regulatory law & public investment.
For more than a decade the author has been writing a "Saturday religion column," syndicated in ten newspapers in the 14 counties of Pennsylvania that comprise the Episcopal Diocese of Bethlehem. The "600 words or less" in the title comes from the rigorous discipline of writing to strict space requirements. The intent of the columns is to engage the secular culture and to bring the church's message to it by commenting on the realities of the human condition and on issues of general interest. This book is a compilation of many of the columns, organized along thematic lines. This book will be an ideal cross-denominational trade book for individual reading or group use. The short-take format lends itself to episodic reading and will appeal to the individualdaily-prayer market. Clergy will find the book an excellent source for sermon ideas.
The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
This text provides detailed coverage of the new rules of disclosure. Topics covered include documentary disclosure, non-documentary disclosure and specialist jurisdictions.
This biography of Joseph Henry Lumpkin (1799-1867) details the life and work of the man whose senior judgeship on Georgia's Supreme Court spanned more than twenty years and included service as its first Chief Justice. Paul Hicks portrays Lumpkin as both a civic-minded professional and an evangelical Presbyterian reformer. Exploring Lumpkin's important contributions to the institutional development of the Georgia Supreme Court, Hicks discusses Lumpkin's opinions in cases ranging in concern from family conflicts to slavery. He also shows how Lumpkin cleared a way through the thicket of antiquated laws that threatened to strangle the growth of corporate banking and business in Georgia. Treated in depth as well are the evolution of his views on slavery and secession and his involvement in social and economic reform, including temperance, education, African American colonization, and industrialization. Hicks also covers Lumpkin's undergraduate days at the University of Georgia and Princeton, his experiences as a state legislator and successful lawyer, and his family life. Among the family members portrayed are Lumpkin's older brother, Wilson, a two-term governor of Georgia; and Lumpkin's son-in-law, Thomas R. R. Cobb, cofounder with Lumpkin of the University of Georgia Law School. Joseph Henry Lumpkin played an important role in the public life of Georgia during the formative era of American law and the age of sectionalism. Here is a full and compelling portrait of Lumpkin as an individual of both intellect and passion, on and off the bench.
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.
The protection and commercial exploitation of intellectual property rights such as patents, trade marks, designs and copyright are seldom confined to one country and the introduction of a foreign element inevitably raises potential problems of private international law, ranging fromestablishing which court has jurisdiction and which is the applicable law to securing the recognition and enforcement of foreign judgments. For example, will a foreign defendant be subject to the jurisdiction of the English courts if he induces his English distributor to infringe a patent inEngland? What law will apply to a trade mark licensing agreement made between a German company and a French company where the parties have not expressly chosen whose law governs their contract? And are an author's rights determined by the same law as that governing the issue of the transferabilityof copyright? Although such issues are becoming increasingly important, a dearth of literature exists on the subject. Fawcett and Torremans remedy that neglect and provide a systematic and comprehensive analysis of the topic that will be welcomed by practitioners and scholars alike. From the authors' preface This book is concerned with the application of the rules of private international law to intellectual property cases. Private international lawyers have largely ignored this topic, and it has been left to intellectual property lawyers to discuss this. This is a pity. It is a topic which raisesunique questions for the private international lawyer which deserve an answer, and at the same time tells us much about the rules of private international law that are being applied. The aim of the book is to fill this gap in the literature. The emphasis in the book is on private international lawrather than on intellectual property law. Nonetheless, it is hoped that intellectual property lawyers will find much to interest them here Most of the book is taken up with a discussion of the relevant rules of private international law and their application in the context of intellectual property law. A major theme of the book is the extent to which there are special rules of private international law for this area and whether thereshould be such rules. Alternative private international law solutions will be considered by looking at the law in other jurisdictions and, where appropriate, proposals will be put forward for a better solution This book is part of the Oxford Monographs in Private International Law series, the aim of which is to publish work of high quality and originality in a number of important areas of private international law. The series is intended for both scholarly and practitioner readers.
The book examines the national, regional and international frameworks of protection of traditional knowledge in all regions of the world. It also discusses options to enhance the existing legal regimes including the use of customary laws and protocols; the adoption of mutual recognition agreements premised on the principle of reciprocity; and the disclosure of source or country of origin of traditional knowledge in intellectual property applications.
This short book has a dual purpose and is aimed at two audiences: Through practical instruction and guidance, it equips bishops to minister effectively as the chief pastor in the diocese, while helping clergy and congregations reduce the eternal anxiety around the words, "The bishop is coming." Realizing that ceremonial custom varies among dioceses and congregations, the author lays out some normative principles that should be followed in all liturgies at which the bishop presides or is present. His clear, engaging, and often humorous style will put the reader at ease when dealing with ceremonial material.
Roberts and Zuckerman's Criminal Evidence is the eagerly-anticipated third of edition of the market-leading text on criminal evidence, fully revised to take account of developments in legislation, case-law, policy debates, and academic commentary during the decade since the previous edition was published. With an explicit focus on the rules and principles of criminal trial procedure, Roberts and Zuckerman's Criminal Evidence develops a coherent account of evidence law which is doctrinally detailed, securely grounded in a normative theoretical framework, and sensitive to the institutional and socio-legal factors shaping criminal litigation in practice. The book is designed to be accessible to the beginner, informative to the criminal court judge or legal practitioner, and thought-provoking to the advanced student and scholar: a textbook and monograph rolled into one. The book also provides an ideal disciplinary map and work of reference to introduce non-lawyers (including forensic scientists and other expert witnesses) to the foundational assumptions and technical intricacies of criminal trial procedure in England and Wales, and will be an invaluable resource for courts, lawyers and scholars in other jurisdictions seeking comparative insight and understanding of evidentiary regulation in the common law tradition.
The Modern Law of Evidence' is essential for students studying the contemporary law of evidence. It examines the theory behind the law of evidence as well as its practical application, with emphasis on current debates.
The modern law of defamation is frequently criticised for being outdated,obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law.
A complete guide to equity and trusts in a single volume, with clear author introductions and analyses of the law while the extracts from cases and materials promote the development of essential case reading skills and allow for detailed appreciation of the practical workings of the law and the best of legal scholarship.
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.
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