The Last Word" on the law of trusts and trustees. Originally published: Boston: Little, Brown and Co., 1929. 2 vols. clxxxi, 804; xviii, 805-1729 pages. Star-paged. (Total 1, 934 pp.) Reprint of the seventh and final edition of a classic treatise first published by Jairus Ware Perry [1821-1877] in 1872. "This treatise ... is the last word on this all important subject; the publishers have well selected Mr. Raymond C. Baldes of the Boston Bar to revise and enlarge [it]. For years it has been regarded as an authority upon the subject matter; here was one writer whose statements unsupported by judicial decisions made the law. The original text has been preserved as far as possible. (...) If there are defects in the execution of this work the writer of this review has failed to find them. (...) It may be that in years to come there will be found a later work upon the subject. If so, it will embody all that there is in the present volumes as revised and published; the basic principle will be the same and only as there are new inventions or later decisions, will it be found that the law has changed. [This] is a work which we cannot too highly compliment ... These two volumes should be upon the desk, or in the library of every lawyer who handles trusts of any kind and who has anything to do with trustees." --Lawyer and Banker and Central Law Journal 22 (1929) 258
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.
The first book dedicated to this subject, Private International Law of Reinsurance and Insurance provides a practical and easy-to-use reference in this complex area of law. This book provides a clear and useful guide to identifying the applicable legal regimes and relevant rules insofar as they concern reinsurance and insurance disputes. It offers authoritative guidance on the Jurisdiction Regulation 44/2001, the Rome Convention on Choice of Law and the 2001 Insurance Directives and regulations, as well as the common law.
In this appeal from a judgment of conviction entered after a jury trial in the U.S. Dist. Court for the Southern Dist. of NY, defendant Rafiq Sabir contends that: (1) 18 U.S.C. 2339B, under which he was convicted for providing and conspiring to provide material support to a terrorist org., is unconstitutionally vague; (2) the trial evidence was insufficient to support his conviction; (3) the gov't's. use of peremptory juror challenges exhibited racial bias in viol'n. of the 14th Amend.; (4) erroneous evidentiary rulings violated his rights to a fair trial; (5) the dist. court abused its discretion in addressing alleged juror misconduct; and (6) the gov't's. rebuttal summation deprived him of a fair trial. This decision rejects these arguments as without merit. This is a print on demand pub.
From DNA profiling to consideration of the accused's previous conduct, the law of evidence is a fascinating amalgam of logic, common sense, philosophy and tactics. Evidence explains the fundamentals and looks at the principles behind it.
The purpose of this handbook is to bring together information on the special devices and associated systems which have been developed to assist the handicapped in living and vocational pursuits and in clinical use. This unique work places emphasis on the devices and systems plus includes sufficient background information to clarify the objectives and use. The general subject matter is divided into two major areas. The first area deals primarily with the environment of the handicapped. The second section deals with devices for personal assist systems-such as for testing, evaluation, and training-and devices which provide individualized support. The information in this comprehensive handbook will assist those working directly in the broad field of rehabilitation of the handicapped and also those associated with the subject matter in a peripheral way, including counseling and vocational evaluation.
This comparative analysis considers the differing approaches to important areas of law in England, France and Germany. In particular, constitutions, sources of law, rights against the state to prevent abuse of power, and rights of private individuals and organisations against each other in tort and contract are examined and compared, and the system of courts is also considered. Updated and revised, each sub-topic is introduced with the relevant material in the English system, allowing easy comparison and assimilation of the other systems. The text includes translations of relevant French and German codal material, and references to relevant cases from all of the jurisdictions. This new edition includes constitutional changes in France and the United Kingdom, in particular the new procedure for challenging existing legislation before the Conseil constitutionnel. It examines the consequences of the Lisbon Treaty, as well as other recent codal and legislative changes. Comprehensive and topical, the text explores a wide variety of new case law on issues such as: preventive detention; the use of evidence obtained by torture; the balance between suppression of terrorism and personal freedom; the internet; email monitoring; artificial reproductive techniques; use of global positioning systems (GPSs), deoxyribonucleic acid (DNA) and closed-circuit television (CCTV); the wearing of religious clothing (such as the headscarf) and symbols (such as the cross); circumcision; methods of crowd control; the prevention of human trafficking; the preservation of privacy, especially for celebrities; and the legality of pre-nuptial agreements and success fees for lawyers. Designed for students on comparative law courses, this textbook will also prove valuable to students who are familiar with English law, but require a readily comprehensible introduction to French or German law.
In a recent survey, 20 percent of the workers interviewed reported that they had either experienced religious prejudice while at work or knew of a coworker who had been subjected to some form of discriminatory conduct. Indeed, according to the Equal Employment Opportunity Commission, the filing of religious discrimination charges under Title VII of the Civil Rights Act of 1964 (which prohibits discrimination in employment based on race, color, national origin, sex, and religion) increased 75 percent between 1997 and 2008. The growing desire on the part of some religious groups to openly express their faith while at work has forced their employers and coworkers to reconsider the appropriateness of certain aspects of devotional conduct. Religion in the workplace does not sit well with all workers, and, from the employer’s perspective, the presence of religious practice during the workday may be distracting and, at times, divisive. A thin line separates religious self-expression—by employees and employers—from unlawful proselytizing. In Encountering Religion in the Workplace, Raymond F. Gregory presents specific cases that cast light on the legal ramifications of mixing religion and work—in the office, on the factory floor, even within religious organizations. Court cases arising under Title VII and the First Amendment must be closely studied, Gregory argues, if we are to fully understand the difficulties that arise for employers and employees alike when they become involved in workplace disputes involving religion, and his book is an ideal resource for anyone hoping to understand this issue.
Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.
To maintain public confidence in the judiciary, judges are governed by the strictest of ethical codes. Codes of conduct not only circumscribe a judge’s official conduct but also restrict every aspect of a judge’s off-bench life. Judges in Street Clothes: Acting Ethically Off-the-Bench provides an in-depth analysis of the rules limiting the charitable, educational, religious, fraternal, civic, and law-related extrajudicial activities of state and federal judges. This comprehensive, heavily footnoted resource examines: (1) the historical development of the American Bar Association’s four model judicial codes with an emphasis on the rules regulating the charitable, educational, religious, fraternal, civic, and law-related activities of judges; (2) the State’s interests in restricting the extrajudicial activities of judges; (3) the strengths and weaknesses of rules governing a judge’s off-bench activities; (4) how state and federal courts, judicial disciplinary commissions, and judicial ethics advisory committees have interpreted judicial conduct rules; (5) best practices for judges; and (6) the constitutionality of the restrictions on a judge’s charitable, educational, religious, fraternal, civic, and law-related undertakings. From both a theoretical and practical standpoint, this book addresses the ethical implications of the everyday activities of judges. How far may a judge go in expressing personal opinions about social and legal issues? What are the limits on a judge’s use of social media? Is it permissible for a judge to receive an award from a victim advocacy group? Do the rules permit a judge to speak at a church or bar association’s fund-raising dinner? May judges teach prosecutors and law enforcement officials how to improve their job performance? May a judge appear in an informational video for the judge’s alma mater? Former judge Raymond J. McKoski discusses these and a host of other everyday situations judges face in their attempts to remain involved community members while promoting public confidence in the independence, integrity, and impartiality of the judiciary.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The Fifth Edition of Cyberspace Law: Cases and Materials reflects the broad knowledge and experience of a pioneer in the teaching of Cyberspace law. This was the first casebook devoted exclusively to the study of cyberspace law and is the only one that presents the study of cyberspace law as the study of the creation, dissemination, and acquisition of human thought, creativity, and information in the digital age. The organization of the casebook also allows instructors to adapt the materials to their approaches. Through real world problems students are encouraged to approach the materials as attorneys responding to needs of clients and makers of policy, rather than as passive readers of judicial opinions. The Fifth Edition reflects all major changes in the subject including extensive additions of U.S. Supreme Court decisions discussing personal jurisdiction, freedom of speech, intellectual property, and privacy, and lower court decisions addressing Google Books and Net Neutrality. New to the Fifth Edition: South Dakota v. Wayfair, in which the Supreme Court held that local taxation of online businesses did not unduly burden interstate commerce. A new section devoted to Free Speech and the right to access online platforms: Packingham v. North Carolina, in which the U.S. Supreme Court held that the First Amendment guarantees the freedom of individuals to access websites and social media applications. Knight First Amendment Institute v. Trump, holding that President Trump’s engaged in unconstitutional viewpoint discrimination when he blocked certain users. The First Amendment relationship among media providers, subscribers, and the public from newspapers and the Right of Reply to Internet service providers and Net Neutrality. A new copyright section devoted to fair use. A new and reorganized Privacy chapter including: The Fourth Amendment protection of: geolocation data metadata A deep dive into Facebook in which the social media platform is used as a case study of data privacy regulations A new section on the European Union’s Genera Data Protection Regulation (GDPR) New cases discussing privacy torts and revenge porn New materials on the Computer Fraud and Abuse Act including: U.S. v. Nosal HiQ Labs, Inc. v. LinkedIn Corp. Pulte Homes, Inc. v. Laborer’s Int’l Union of North America A reorganized and updated chapter on Private Ordering including: Starke v. SquareTrade Materials on the European Union’s antitrust investigation and orders into Google and Amazon Professors and students will benefit from: Practical “real world” problems Flexible, logical organization that allows instructors to emphasize selected perspectives Presentation of current Internet law as well as related policy concerns that will drive future legal analysis when new issues emerge
The adoption of the Bill of Rights in 1791 marked the creation of a uniquely innovative mechanism for constitutional change by which Americans have continued to renew and redefine their governance over a two-hundred-year period. Now, in time for the bicentennial celebration of this great document, seven distinguished scholars combine their expertise to explore the history and contemporary meaning of these first ten amendments to the Constitution.
How does the law deal with young offenders, and to what extent does the law protect and promote the rights of young people in conflict with the law? These are the central issues addressed by Young Offenders and the Law in its examination of the legal response to the phenomenon of youth offending, and the contemporary forces that shape the law. This book develops the reader’s understanding of the sociological, criminological, historical, political, and philosophical approaches to youth offending in England and Wales, and also presents a comparative review of developments in other jurisdictions. It provides a comprehensive critical analysis of the legislative and policy framework currently governing the operation of the youth justice system in England and Wales, and evaluates the response of the legal system in light of modern legislative framework and international best practice. All aspects of trial and pre-trial procedure affecting young offenders are covered, including: the age of criminal responsibility, police powers, trial procedure, together with the full range of detention facilities and non-custodial options. Young Offenders and the Law provides, for the first time, a primary source of reference on youth offending. It is an essential text for undergraduate and postgraduate students of Law, Criminology, and Criminal Justice Studies.
This completely rewritten and updated new edition of a practical text continues to provide a firm introduction to law and legal processes and their relation to social work practice. Using Clinton's welfare reform act of 1996, Albert provides a conceptual framework to illustrate how socio-legal problems emerge in the welfare state, and presents the skills base necessary for effective social work response. A new section on socio-legal issues highlights many fields where social worker-lawyer partnerships can occur, such as civil rights and advocacy, the death penalty, liability for neglect in nursing homes, informed consent and medical treatment, and much more. Filled with techniques for reading and understanding judicial opinion, legislative statues, and bills, this new edition will appeal to all professors of law and social work courses, as well as courses on the welfare state.
This second edition is designed to introduce students of urban history to recent interpretive literature in this field. Its goal is to provide a coherent framework for understanding the pattern of American urbanization, while at the same time offering specific examples of the work of historians in the field.
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