The Brussels I-bis Regulation remains the most significant legal instrument for procedural law in the EU, providing the cornerstone for questions of international jurisdiction and enforcement of judgments in civil and commercial matters. This authoritative book provides a thorough and practical analysis of the Regulation, with particular focus on its interpretation and application.
Never before have the civil rights of people with disabilities aligned so well with developments in information and communication technology. The center of the technology revolution is the Internet, which fosters unprecedented opportunities for engagement in democratic society. The Americans with Disabilities Act likewise is helping to ensure equal participation in society by people with disabilities. Globally, the Convention on the Rights of Persons with Disabilities further affirms that persons with disabilities are entitled to the full and equal enjoyment of fundamental personal freedoms. This book is about the lived struggle for disability rights, with a focus on Web equality for people with cognitive disabilities, such as intellectual disabilities, autism, and print-related disabilities. The principles derived from the right to the Web - freedom of speech and individual dignity - are bound to lead toward full and meaningful involvement in society for persons with cognitive and other disabilities.
Here, briefly defined and described in one volume, are nearly three-and-a-half thousand terms and names from the history, the teachings, and the liturgy of the church. The dictionary includes: terms and names that are difficult to find in standard dictionaries; brief definitions and descriptions for quick reference; names and terms from the history of the church in its various expressions; concepts and terms related to the teachings of the church; and terms connected with the Protestant, Roman Catholic, and Orthodox liturgies. An indispensable reference work for anyone who wants quick access to information that is sometimes difficult to find, even in a well-stocked library--laypersons, students, pastors, and teachers.
A judge springs out of his car on the way to court in downtown Chicago and takes photographs of an inflatable rat. A while later he inserts these photographs into a decision involving another insufflated rodent used in a union protest. The increasing use of images in case law and precedent in the common law world provides a novel visual atlas of how lawyers see. Using a corpus of many images drawn from decisions in different common law jurisdictions across the globe, Judicial Uses of Images catalogues, analyzes, and reviews the normative significance and affective force of this new medium of legal expression and judgement. The remediation of law is critically dissected in the terms of the emergent optical criteria and protocols of retinal justice. .
In his remarkable, path-breaking new book, Peter Sparkes takes stock of the development of a distinctive body of European land law, taking as his starting point the idea that methods of land-holding permitted by a legal system both shape and reflect the attitudes of the land owners and society in general. However it quickly becomes very difficult to test that idea when the society in question is governed by an internal market composed of 30 countries (the EU-27, including Bulgaria and Romania, and the EEA-3), whose property systems differ so markedly and which reflect such widely differing cultures. Yet the internal market has already effected a gradual equalisation and standardisation across Europe as foreign capital spreads to create equality of yield. "We all become better off by joining a larger trading block but the social consequences will be profound: Brits will need to emigrate to the continent to afford a home, Bulgarians will need to make way for them along the Black Sea coast, and title deeds will be reshuffled all over Europe on a giant Monopoly board" writes the author in his preface, before embarking on a dispassionate examination of the beginning of that process of profound change. The opening chapters are devoted to an explanation of how the internal market has created a substantive European land law. Chapter 3 examines the rise of a distinctive European land law, and the development of conflicts principles applying to recovery of land. Chapters 5 to 9 on the marketing and sale of land focus upon Community competence on consumer protection. The decision to treat land as a product like any other in the Unfair Commercial Practices Directive will have wide ranging and far reaching implications and, apart from marketing of land and of timeshares, other chapters deal with conveyancing, contracting and the emerging market in mortgage credit. The book concludes with a miscellany of conflicts rules which are gradually coalescing and form the elements from which a substantive European land law can be forged. A number of topics which it is not possible to cover in detail (VAT, other taxes, environmental controls and agriculture) are touched on briefly, and the same is true of international aspects of trusts and succession.
Annotation The first comprehensive guide to insurance law written from the corporate policyholder's perspective, Policyholder's Guide to the Law of Insurance Coverage provides expert guidance through the labyrinth of legal issues surrounding insuring instruments and underlying claims, plus practical strategies and legal arguments to help you secure coverage for contested claims. Policyholder's Guide addresses virtually every insurance-related legal issue you are likely to encounter in the regular course of business, as well as those issues unique to specialized industries or unusual situations including: Liability policies -- Special liability policies -- First-party policies -- Specialty first-party property policies -- Environmental -- Marine and aviation -- Toxic tort -- Copyright claims issues Litigation in insurance coverage disputes. Policyholder's Guide gives you in-depth analysis of the latest court decisions plus current policy language and cutting-edge legal arguments thatyou may use to advance your case. You also get hundreds of case citations, footnotes, cross-references, checklists and other useful aids to make legal research easy.
International Trade Law offers a clear overview of the complexities of an international sale transaction through informed analysis of case law, legislation, and international conventions and rules. Fully updated with changes to the law and new directions in legal debate, this new edition considers: Standard trade terms including INCOTERMS 2010, the Convention on International Sales of Goods 1980 and the UNIDROIT Principles for International Commercial Contracts E-Commerce issues, including electronic bills of lading Insurance and payment mechanisms, such as letters of credit and the UCP 600 International transportation of cargo, including the Rotterdam Rules Dispute resolution (including jurisdiction, applicable law, arbitration and mediation), with particular reference to the relevant EU regulations and the developing case-law thereon Corruption and anti-corruption conventions, including the UK Bribery Act 2010 and developments relating to deferred prosecution agreements In addition to clarifying a range of topics through tables and diagrams, the book directs readers to relevant further reading and online resources throughout, offering students an accessible resource to this often challenging area of the law.
Hearing and Deafness presents an overview on the impact of hearing on the development of speech, language, and literacy in English in children and adolescents who are deaf/hard of hearing. This text presents up-to-date information on an array of critical areas in speech and hearing such as hearing aids, cochlear implants, speechreading, aural rehabilitation, and the necessary constructs for developing English language and literacy. This text will provide students with the knowledge required to develop effective skills that can be used in their professional work settings. Hearing and Deafness i
Within Europe the private international law rules have been harmonized to a very large extent by legislation adopted at EU level and case-law on the interpretation of this legislation. Recent developments include the entry into operation of revised versions of the Brussels I Regulation on civil jurisdiction and judgments and the Regulation on insolvency proceedings, as well as numerous decisions of the European Court and the English courts. The new edition of this authoritative work takes account of recent developments at both EU and UK levels.
The validity of a contract can be undermined by factors affecting contractual consent. Issues of contractual validity frequently arise for consideration in all types of litigation, not least commercial disputes. This book provides practitioners and academics with an invaluable reference tool, which will enable them to navigate the complex issues of vitiation of contract. When contractual disputes arise, there are a variety of vitiating factors which may be relied on to undermine a contract’s validity. This book provides a comprehensive examination of all the factors vitiating contractual consent from fraud, misrepresentation, non-disclosure, and mistake, to duress, undue influence, unconscionable bargains, and includes chapters on incapacity and unfairness. Each chapter gives a thorough account of the law on each of these vitiating factors, together with an overview of the remedies available. The book’s introduction considers the theoretical foundations of the law in this area. The book will be an invaluable reference tool for lawyers involved in all types of contractual disputes. It will also be a useful reference for academics and postgraduate students of commercial law.
The Fourth Edition of Language and Deafness covers language and literacy development from preschool through adolescence. Content includes the basics of language development and the relationship between language and cognition. Oral communication methods and English-like signing systems are also covered, along with linguistics/sociolinguistics of American Sign Language. Multicultural aspects, including bilingualism and second-language learning, are covered in detail.
The most convenient source for case law, Virginia Workers' Compensation Case Finder is the first and only source to integrate the workers’ compensation opinions of the Virginia Supreme Court, Court of Appeals, and Workers’ Compensation Commission. For ready reference, it carefully summarizes and arranges the decisions under 102 topic headings, covering the most litigious issues in workers’ compensation. The Case Finder is used as a reference tool by the Virginia Workers' Compensation Commission and by workers compensation attorneys and insurance companies throughout the state. (Includes 2013 Supplement)
Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel by Representation, is the highly regarded and long established textbook on the doctrines of reliance-based estoppel, by which a party is prevented from changing his position if he has induced another to rely on it such that the other will suffer by that change. Since the fourth edition in 2003 the House of Lords has decided two proprietary estoppel cases, Cobbe v Yeoman's Row Property Management Ltd and Thorner v Major, whose combined effect is identified as helping to define a criterion for a reliance-based estoppel founded on a representation, namely that the party estopped actually intends the estoppel raiser to act in reliance on the representation, or is reasonably understood to intend him so to act. Other developments in the doctrine of proprietary estoppel have required a complete revision of the related chapter, Chapter 12, in this edition. Thorner v Major confirms too the submission in the fourth edition that unequivocality is a requirement for any reliance-based estoppel founded on a representation. Other views expressed in the fourth edition are also noted to have been upheld, such as the recognition that an estoppel may be founded on a representation of law (Briggs v Gleeds), that a party may preclude itself from denying a proposition by contract as well as another's reliance (Peekay Intermark Ltd v Australia and New Zealand Banking Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank) and that an estoppel by deed binds by agreement or declaration under seal rather than by reason of reliance (Prime Sight Ltd v Lavarello). With the adjustment reflected in the change of title, and distinguishing the foundation of estoppels that bind by deed and by contract, the editors adopt Spencer Bower's unificatory project by the identification of the reliance-based estoppels as aspects of a single principle preventing a change of position that would be unfair by reason of responsibility for prejudicial reliance. From this follow the views: that reliance-based estoppels have common requirements of responsibility, causation and prejudice; that estoppel by representation of fact is, like the other reliance-based estoppels, a rule of law; that the result of estoppel by representation of fact may, accordingly, be mitigated on equitable grounds to avoid injustice; that the result of an estoppel by convention depends on whether its subject matter is factual, promissory or proprietary; that a reliance-based estoppel (other than a proprietary estoppel, which uniquely generates a cause of action) may be deployed to complete a cause of action where, absent the estoppel, a cause of action would not lie, unless it would unacceptably subvert a rule of law (in particular the doctrine of consideration); that an estoppel as to a right in or over property generates a discretionary remedy; and that the prohibition on the deployment of a promissory estoppel as a sword should be understood as an application of the defence of illegality, viz that an estoppel may not unacceptably subvert a statute or rule of law.
This new edition of Unjust Enrichment by the editor of the Clarendon Law Series, is a fully updated, clear and concise account of the law of unjust enrichment. It attempts to move away from the use of obscure terminology inherited from the past. This text is the first book to insist on the switch from restitution to unjust enrichment, from response to event. It organises modern law around five simple questions: Was the defendant enriched? If so, was it at the claimant's expense? If so, was it unjust? The fourth question is then what kind of right the claimant has, and the fifth is whether the defendant has any defences. This second edition was revised and updated by Peter Birks before his death from cancer on 6 July 2004 at the age of 62. It represents the final thinking of the world's leading authority on the subject.
Blackstone's Law Questions & Answers' is a series that enables law students to practise their examination technique and evaluate and assess their progress. The books cover all the topics found on law degree courses.
Recounts the life and deeds of sixteenth-century artist Michaelangelo Merisi (Caravaggio), and provides insight into the politics, art, and people of the period.
This essential Q&A study and revision guide contains a variety of model answers and plans to give you the confidence to tackle any essay or problem question, and give you the skills you need to excel in law exams and coursework assignments.
Literate Thought: Understanding Comprehension and Literacy introduces students and professionals to the multifaceted concept of literate thought and related complex concepts such as language, literacy, cognition, and comprehension, as well as other areas such as the new and multiple literacies, psychological or disciplinary models, and critico-creative thinking. Literate Thought: Understanding Comprehension and Literacy details the various aspects of a model or theory of literate thought with examples to enhance understanding of the concept. This incisive text provides an overview of literate thought and emphasizes the necessity to develop literate thought in individuals from a multiple perspective, not just from print literacy only. With alternative and additional options for developing literate thought, the possibility to improve levels of thinking in everyone, including children with disabilities and those learning English as a second language, may be increased. This ground-breaking text provides meaningful application in practice for speech-language pathology, special education, psychology, and reading and literacy professionals.
Hearing and Deafness: An Introduction for Health and Education Professionals clearly explains the development of speech, hearing, language, and literacy in d/Deaf and hard of hearing children and adolescents. This important reference offers new insights on the contribution of hearing rehabilitation to English language acquisition. Students pursuing careers in deaf education, audiology, and speech pathology will gain a thorough understanding of the audiological dimensions of hearing and how hearing loss affects speech, language, and literacy. Important Notice: The digital edition of this book is missing some of the images or content found in the physical edition.
Peter Sparkes' path-breaking text on land law has been rewritten with two aims in mind: to incorporate the seismic changes introduced by the Land Registration Act 2002,along with commonholds, the explosion of human rights jurisprudence, and the unremitting advance of judicial exposition; and to accommodate the author's developing thinking on the structural aspects of the subject. The book opens with a series of shorter chapters each exploring a fundamental building block: registration; houses flats and commonholds; land, ownership and its transactional powers; social controls balanced by human rights to property; fragmentation by time (the doctrine of estates), divisions of ownership and proprietary rights. In terms of substantive chapters the book opens with discussion of the new transfer system -- paper-based transfer alongside the evolution towards electronic conveyancing -- and the consequent changes to the proof of registered titles and to the registration curtain. The new approach to adverse possession against registered titles has called for extended discussion, as has the authoritative elucidation of the concept of adverse possession in Pye. In terms of proprietary interests the fundamentals are seen as rights to transfer, beneficial interests under trusts which are overreachable, burdens which are endurable, leases, money charges such as mortgages which are redeemable, and the obligations enforcible within the neighbour principle -- easements, covenants and positive covenants being treated as a semi-coherent whole. An attempt has been made to assist students by moving some of the more arcane learning later into the book or into separate chapters where these matters might be more readily ignored by a candidate concerned primarily to prepare for an examination. "A massive amount of research and scholarship has gone into the book, with impressive citation of cases, articles and case-notes, and of other text-books. This newcomer on the scene is a considerable addition to the ranks of serious text-books on land law and the author is to be congratulated." The New Law Journal "The scope of this work is ambitious...it is a bold attempt to take the study of land law forward...much more than a basic land law text book...it would be a pleasure to be able to teach a course requiring students to cover the substance or the bulk of it whether in one or more modules...a difficult blend of background and history, massive referencing, discussion of statute and case law, all wrapped up in a text that is not too difficult to absorb." The Law Teacher "A most interesting and ground breaking book" Michael Cardwell, University of Leeds "At last, a brilliant land law book! I think the approach is marvellous and will strongly recommend it to my students" Keith Gompertz, University of Central England. "... takes a more modern approach to the area...I am very impressed with the style, layout and format. It will be a good teaching tool and I am looking forward to using it." Alison Dunn, Newcastle Law School. "...not baffling in the way land law texts tend to be" Helen Taylor, University of Teesside "Excellent." Professor Edward Burn, City University.
Any court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a “By the Court” format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. By the Court is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the Secession of Quebec reference and the Carter decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, By the Court explores the purposes and potential future of “By the Court,” framing this practice as the most dramatic form of a modern style that highlights the institution and downplays individual contributions.
“One of the most important contributions to the field of contract theory—if not the most important—in the past 25 years.” —Stephen A. Smith, McGill University Can we account for contract law on a moral basis that is acceptable from the standpoint of liberal justice? To answer this question, Peter Benson develops a theory of contract that is completely independent of—and arguably superior to—long-dominant views, which take contract law to be justified on the basis of economics or promissory morality. Through a detailed analysis of contract principles and doctrines, Benson brings out the specific normative conception underpinning the whole of contract law. Contract, he argues, is best explained as a transfer of rights, which is complete at the moment of agreement and is governed by a definite conception of justice—justice in transactions. Benson’s analysis provides what John Rawls called a public basis of justification, which is as essential to the liberal legitimacy of contract as to any other form of coercive law. The argument of Justice in Transactions is expressly complementary to Rawls’s, presenting an original justification designed specifically for transactions, as distinguished from the background institutions to which Rawls’s own theory applies. The result is a field-defining work offering a comprehensive theory of contract law. Benson shows that contract law is both justified in its own right and fully congruent with other domains—moral, economic, and political—of liberal society.
Q&A Equity and Trusts offers a lifeline to students revising for exams. It provides clear guidance from experienced examiners on how best to tackle exam questions, and gives students the opportunity to practise their exam technique and assess their progress.
Addresses civil liability for harm done by animals including dangerous and non-dangerous species, straying livestock, animals on the highway, and special provisions relating to dogs. The book analyses the operation of the 1971 Animals Act along with the significant body of relevant case law.
This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Thoroughly revised and updated, this third edition of EU Private International Law incorporates many developments in legislation and case-law since the publication of the second edition in 2010. Building on the book�s reputation for comprehensive cover
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