Evaluating Scientific Evidence: An Interdisciplinary Framework for Intellectual Due Process (Law in Context)
By Erica Beecher-Monas
Publisher:Cambridge University Press
Number Of Pages:270
Publication Date:2006-11-20
ISBN-10 / ASIN:0521859271
ISBN-13 / EAN:9780521859271
Binding:Hardcover
Product Description:
Scientific evidence is crucial in a burgeoning number of litigated cases, legislative enactments, regulatory decisions, and scholarly arguments. Evaluating Scientific Evidence explores the question of what counts as scientific knowledge, a question that has become a focus of heated courtroom and scholarly debate, not only in the United States, but in other common law countries such as the United Kingdom, Canada and Australia. Controversies are rife over what is permissible use of genetic information, whether chemical exposure causes disease, whether future dangerousness of violent or sexual offenders can be predicted, whether such time-honored methods of criminal identification (such as microscopic hair analysis, for example) have any better foundation than ancient divination rituals, among other important topics. This book examines the process of evaluating scientific evidence in both civil and criminal contexts, and explains how decisions by nonscientists that embody scientific knowledge can be improved.
http://ifile.it/jnp0v7e/0521859271.zip
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Law, Violence and Sovereignt Among West Bank Palestinians (Cambridge Studies in Law and Society)
By Tobias Kelly
Publisher: Cambridge University Press
Number Of Pages: 218
Publication Date: 2007-01-08
ISBN-10 / ASIN: 0521868068
ISBN-13 / EAN: 9780521868068
Binding: Hardcover
Product Description:
As the Oslo Peace Process has given way to the violence of the second intifada, this book explores the continuing legacy of Oslo in the everyday life of the Israeli-Palestinian conflict. Taking a perspective that sees the Israeli-Palestinian conflict as a conflict over the distribution of legal rights, it focuses on the daily concerns of West Bank Palestinians, and explores the meanings, limitations and potential of legal claims in the context of the region's structures of governance. Kelly argues that fundamental contradictions in the process through which the West Bank has been ruled and misruled have resulted in an unstable mixture of legality, fear and uncertainty. Based on long term ethnographic fieldwork, this book provides an insight into how the wider Middle East conflict manifests itself through the daily encounters of ordinary Israelis and Palestinians, offering an evocative and theoretically informed account of the relationship between law, peace-building and violence.
http://ifile.it/gjdtzuc/0521868068.zip
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Freedom of Religion: UN and European Human Rights Law and Practice
By Paul M. Taylor
Publisher:Cambridge University Press
Number Of Pages:436
Publication Date:2006-01-16
ISBN-10 / ASIN:0521856493
ISBN-13 / EAN:9780521856492
Binding:Hardcover
Product Description:
The scale and variety of acts of religious intolerance evident in so many countries today are of enormous contemporary concern. This timely study attempts a thorough and systematic analysis of both Universal and European practice. The standards applicable to freedom of religion are subjected to a detailed critique, and their development and implementation within the UN is distinguished from that within Strasbourg, in order to discern trends and obstacles to their advancement.
http://ifile.it/duhf326/0521856493.zip
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Atrocity, Punishment, and International Law
By Mark A. Drumbl
Publisher:Cambridge University Press
Number Of Pages:320
Publication Date:2007-07-09
ISBN-10 / ASIN:0521870895
ISBN-13 / EAN:9780521870894
Binding:Hardcover
Product Description:
This book rethinks how people who perpetrate atrocity crimes should be punished. Based on an 'on the ground' review of the sentencing of perpetrators of genocide and crimes against humanity in Rwanda, Bosnia, East Timor, and other places afflicted by atrocity, this book concludes that the international community's preference for prosecution and imprisonment may not be as effective as we hope. Instead, this book calls for a broader-based response to atrocity that welcomes bottom-up perspectives, including restorative, reparative, and reintegrative traditions, that may differ from the adversarial Western criminal trial. The time has come for international criminal law as a discipline to move beyond nascence and to welcome a more challenging stage: that of re-appraisal and self-improvement.
http://ifile.it/n5jby92/0521870895.zip
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Oliver Wendell Holmes, Jr., Legal Theory, and Judicial Restraint
By Frederic R. Kellogg
Publisher:Cambridge University Press
Number Of Pages:218
Publication Date:2006-12-11
ISBN-10 / ASIN:0521866502
ISBN-13 / EAN:9780521866507
Binding:Hardcover
Product Description:
Oliver Wendell Holmes, Jr., is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the contemporary controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers, including John Austin, Thomas Hobbes, H. L. A. Hart, Ronald Dworkin, Antonin Scalia, and other leading legal theorists.
http://ifile.it/6ga0j3x/0521866502.zip
Building an EU Securities Market
By Eil铆s Ferran
Publisher:Cambridge University Press
Number Of Pages:326
Publication Date:2005-01-10
ISBN-10 / ASIN:0521847222
ISBN-13 / EAN:9780521847223
Binding:Hardcover
Product Description:
This book considers some of the fundamental issues concerning the legal framework that has been established to support a single EU securities market. It focuses particularly on how the emerging legal framework will affect issuers' access to the primary and secondary market. The Financial Services Action Plan (FSAP, 1999) was an attempt to equip the community better to meet the challenges of monetary union and to capitalise on the potential benefits of a single market in financial services. It led to extensive change in securities market regulation: new laws; new law making processes, and more attention to the mechanisms for the supervision of securities market activity and legal enforcement. With the FSAP nearing completion, it is a good time to take stock of what has been achieved, and to identify the challenges that lie ahead.
http://ifile.it/lr8kh7v/0521847222.zip
New Dimensions in Privacy Law: International and Comparative Perspectives
By Andrew T. Kenyon, Megan Richardson
Publisher:Cambridge University Press
Number Of Pages:306
Publication Date:2006-11-13
ISBN-10 / ASIN:0521860741
ISBN-13 / EAN:9780521860741
Binding:Hardcover
Product Description:
The challenges faced by privacy laws in changing technological, commercial and social environments are considered in this broad-ranging examination of privacy law. The book encompasses three overlapping areas of analysis: privacy protection under the general law; legislative measures for data protection in digital communications networks; and the influence of transnational agreements and other pressures toward harmonised privacy standards. Leading, internationally-recognised authors discuss developments across these three areas in the UK, Europe, the US, APEC (Asia-Pacific Economic Cooperation), Australia and New Zealand. Chapters draw on doctrinal and historical analysis of case law, theoretical approaches to both freedom of speech and privacy, and the interaction of law and communications technologies in order to examine present and future challenges to law's engagement with privacy.
http://ifile.it/7j2bsqy/0521860741.zip
Advanced Bond Portfolio Management (Frank J. Fabozzi Series)
By Frank J. Fabozzi, Lionel Martellini, Philippe Priaulet
Publisher:Wiley
Number Of Pages:558
Publication Date:2005-12-07
ISBN-10 / ASIN:0471678902
ISBN-13 / EAN:9780471678908
Binding:Hardcover
Product Description:
In order to effectively employ portfolio strategies that can control interest rate risk and/or enhance returns, you must understand the forces that drive bond markets, as well as the valuation and risk management practices of these complex securities. In Advanced Bond Portfolio Management, Frank Fabozzi, Lionel Martellini, and Philippe Priaulet have brought together more than thirty experienced bond market professionals to help you do just that.
Divided into six comprehensive parts, Advanced Bond Portfolio Management will guide you through the state-of-the-art techniques used in the analysis of bonds and bond portfolio management. Topics covered include:
General background information on fixed-income markets and bond portfolio strategies The design of a strategy benchmark Various aspects of fixed-income modeling that will provide key ingredients in the implementation of an efficient portfolio and risk management process Interest rate risk and credit risk management Risk factors involved in the management of an international bond portfolio Filled with in-depth insight and expert advice, Advanced Bond Portfolio Management is a valuable resource for anyone involved or interested in this important industry.
http://ifile.it/jfc1bwg/0471678902.zip
Street Justice: Retaliation in the Criminal Underworld (Cambridge Studies in Criminology)
By Bruce A. Jacobs, Richard Wright
Publisher:Cambridge University Press
Number Of Pages:168
Publication Date:2006-05-22
ISBN-10 / ASIN:0521852781
ISBN-13 / EAN:9780521852784
Binding:Hardcover
Product Description:
Street criminals live in a dangerous world, but they cannot realistically rely on the criminal justice system to protect them from predation by fellow lawbreakers; they are on their own when it comes to dealing with crimes perpetrated against them and often use retaliation as a mechanism for deterring and responding to victimization. Although retaliation lies at the heart of much of the violence that plagues many inner-city neighborhoods across the United States, it has received scant attention from criminologists. As a result, the structure, process, and forms of retaliation in the real world setting of urban America remain poorly understood. Street Justice: Retaliation in the Criminal World explores the face of modern day retaliation from the perspective of currently active criminals who have experienced it first hand, as offenders, victims, or both.
http://ifile.it/52jyw9r/0521852781.zip
Health Law and the European Union (Law in Context)
By Tamara K. Hervey, Jean V. McHale
Publisher:Cambridge University Press
Number Of Pages:540
Publication Date:2004-12-13
ISBN-10 / ASIN:0521605245
ISBN-13 / EAN:9780521605243
Binding:Paperback
Product Description:
How does the law of the European Union affect health law and policy? At first sight, it seems limited. However, despite its restricted formal competence, the EU has recently become increasingly involved in the health field. Litigation based on EU law has resulted in a 'right to receive health care services' across national boundaries which may have huge practical implications for national health systems. The EU has promulgated legislation regulating clinical research, and the marketing of pharmaceuticals; patients' rights are affected by EU legislation on data protection and product liability; the qualifications of health care professionals are legally recognised across the EU; and the EU has acted to promote public health. This book explores the various impacts of measures of EU law on national health law and policy. Through elaboration of selected examples, the authors show that, within the EU, health law cannot be regarded as a purely national affair.
http://ifile.it/unjelqt/0521605245.zip
Double Standards in Medical Research in Developing Countries (Cambridge Law, Medicine and Ethics)
By Ruth Macklin
Publisher:Cambridge University Press
Number Of Pages:288
Publication Date:2004-06-14
ISBN-10 / ASIN:0521833884
ISBN-13 / EAN:9780521833882
Binding:Hardcover
Product Description:
This book examines the ethical controversies that have surrounded the design and conduct of international medical research sponsored by industrialized countries or industry, and carried out in developing countries. Is it acceptable to lower the ethical standards adopted in the industrialized world when carrying out research in developing, or resource-poor, countries? Ruth Macklin concludes that double standards in medical research are ethically unacceptable.
http://ifile.it/3mvitp2/0521833884.zip
The European Company (Law Practitioner Series)
By Dirk Van Gerven, Paul Storm
Publisher:Cambridge University Press
Number Of Pages:590
Publication Date:2006-01-23
ISBN-10 / ASIN:0521859743
ISBN-13 / EAN:9780521859745
Binding:Hardcover
Product Description:
The European company ('SE') is a new legal entity offering a European perspective for businesses, which became a reality on 8 October 2004. Its purpose is to allow businesses that wish to extend their activities beyond their home Member State to operate throughout the EU on the basis of a single set of rules and a unified management system. This book explains how to set up and organise a European company, and sets out the text of the relevant EC instruments that serve as its legal basis, as well as the national implementing legislation. It is essential for businesses and their advisers to understand the implementing legislation of the relevant Member States in deciding where to establish an SE. This book provides comprehensive coverage of such legislation in all Member States of the European Economic Area which have, as at 1 July 2005, implemented the Regulation containing the SE statute and the Directive on employee involvement in the SE.
http://ifile.it/r6gsjoi/0521859743.zip
The European Court and Civil Society: Litigation, Mobilization and Governance (Themes in European Governance)
By Rachel A. Cichowski
Publisher:Cambridge University Press
Number Of Pages:310
Publication Date:2007-04-09
ISBN-10 / ASIN:0521855853
ISBN-13 / EAN:9780521855853
Binding:Hardcover
Product Description:
The European Union today stands on the brink of radical institutional and constitutional change. The most recent enlargement and proposed legal reforms reflect a commitment to democracy: stabilizing political life for citizens governed by new regimes, and constructing a European Union more accountable to civil society. Despite the perceived novelty of these reforms, this book explains (through quantitative data and qualitative case analyses) how the European Court of Justice has developed and sustained a vibrant tradition of democratic constitutionalism since the 1960s. The book documents the dramatic consequences of this institutional change for civil society and public policy reform throughout Europe. Cichowski offers detailed empirical and historical studies of gender equality and environmental protection law across fifteen countries and over thirty years, revealing important linkages between civil society, courts and the construction of governance. The findings bring into question dominant understandings of legal integration.
http://ifile.it/547lrho/0521855853.zip
The UN International Criminal Tribunals: The Former Yugoslavia, Rwanda and Sierra Leone
By William A. Schabas
Publisher:Cambridge University Press
Number Of Pages:764
Publication Date:2006-08-20
ISBN-10 / ASIN:0521846579
ISBN-13 / EAN:9780521846578
Binding:Hardcover
Product Description:
This book is a guide to the law that applies in the three international criminal tribunals, for the former Yugoslavia, Rwanda and Sierra Leone, set up by the UN during the period 1993 to 2002 to deal with atrocities and human rights abuses committed during conflict in those countries. Building on the work of an earlier generation of war crimes courts, these tribunals have developed a sophisticated body of law concerning the elements of the three international crimes (genocide, crimes against humanity and war crimes), and forms of participation in such crimes, as well as other general principles of international criminal law, procedural matters and sentencing. The legacy of the tribunals will be indispensable as international law moves into a more advanced stage, with the establishment of the International Criminal Court. Their judicial decisions are examined here, as well as the drafting history of their statutes and other contemporary sources.
http://ifile.it/ltzsm6u/0521846579.zip
Parental Responsibility, Young Children and Healthcare Law
By Jo Bridgeman
Publisher:Cambridge University Press
Number Of Pages:282
Publication Date:2007-05-14
ISBN-10 / ASIN:0521863120
ISBN-13 / EAN:9780521863124
Binding:Hardcover
Product Description:
This book provides a comprehensive examination of the legal regulation of the provision of healthcare to young children in England and Wales. A critical analysis is given on the law governing the provision of healthcare to young and dependent children identifying an understanding of the child as vulnerable and in need of protection, including from his or her own parents. The argument is made for a conceptual framework of relational responsibilities which would ensure that consideration is given to the needs of the child as an individual, to the experiences of parents gained as they care for their child and that the wider context, such as attitudes towards disability, public health issues or the support and resources available, is examined. This book makes an important contribution to understanding the law regulating the provision of healthcare to young and dependent children and to the development of a discourse of responsibility.
http://ifile.it/nlxu3a8/0521863120.zip
Islamic Finance: Law, Economics, and Practice
By Mahmoud A. El-Gamal
Publisher:Cambridge University Press
Number Of Pages:240
Publication Date:2006-07-03
ISBN-10 / ASIN:0521864143
ISBN-13 / EAN:9780521864145
Binding:Hardcover
Product Description:
This book provides an overview of the practice of Islamic finance and the historical roots that define its modes of operation. The focus of the book is analytical and forward-looking. It shows that Islamic finance exists mainly as a form of rent-seeking legal-arbitrage. In every aspect of finance - from personal loans to investment banking, and from market structure to corporate governance - Islamic finance aims to replicate in Islamic forms the substantive functions of contemporary financial instruments, markets, and institutions. By attempting to replicate the substance of contemporary financial practice using pre-modern contract forms, Islamic finance has arguably failed to serve the objectives of Islamic law. This book proposes refocusing Islamic finance on substance rather than form. This approach would entail abandoning the paradigm of 'Islamization' of every financial practice. It would also entail reorienting the brand-name of Islamic finance to emphasize issues of community banking, micro-finance, and socially responsible investment.
http://ifile.it/jng0wye/0521864143.zip
The Law and Economics of Cybersecurity
By Mark F. Grady, Francesco Parisi
Publisher:Cambridge University Press
Number Of Pages:328
Publication Date:2005-11-28
ISBN-10 / ASIN:0521855276
ISBN-13 / EAN:9780521855273
Binding:Hardcover
Product Description:
Cybersecurity is a leading national problem for which the market may fail to produce a solution because individuals often select less than optimal security levels in a world of positive transaction costs. The problem is compounded because the insecure networks extend far beyond the regulatory jurisdiction of any one nation or even coalition of nations. This book brings together the views of leading law and economics scholars on the nature of the cybersecurity problem and possible solutions to it. Many of these solutions are market based, but in need of aid, either from government or industry groups or both.
http://ifile.it/s873jhe/0521855276.zip
Making Treaties Work: Human Rights, Environment and Arms Control
By Thilo Marauhn, Andreas Zimmermann, Geir Ulfstein
Publisher:Cambridge University Press
Number Of Pages:464
Publication Date:2007-04-30
ISBN-10 / ASIN:0521873177
ISBN-13 / EAN:9780521873178
Binding:Hardcover
Product Description:
There is an increasing focus on the need for national implementation of treaties. International law has traditionally left enforcement to the individual parties, but more and more treaties contain arrangements to induce States to comply with their commitments. Experts in this book examine three forms of such mechanisms: dispute settlement procedures in the form of international courts, non-compliance procedures of an administrative character, and enforcement of obligation by coercive means. Three fields are examined, namely human rights, international environmental law, and arms control and disarmament. These areas are in the forefront of the development of current international law and deal with multilateral, rather than purely bilateral issues. The three parts of the book on human rights, international environmental law and arms control contain a general introduction and case studies of the most relevant treaties in the field. Will appeal widely to both generalists and specialists in international law and relations.
http://ifile.it/r0mx8bw/0521873177.zip
War Crimes and Just War
By Larry May
Publisher:Cambridge University Press
Number Of Pages:359
Publication Date:2007-02-12
ISBN-10 / ASIN:052187114X
ISBN-13 / EAN:9780521871143
Binding:Hardcover
Product Description:
War crimes are international crimes committed during armed conflict. Larry May argues that the best way to understand war crimes is as crimes against humanness rather than as violations of justice. Throughout, May demonstrates that the principle of humanness in the cornerstone of international humanitarian law, and is itself the basis of the traditional principles of discrimination, necessity, and proportionality.
http://ifile.it/q2act8r/052187114X.zip
International Dispute Settlement
By J. G. Merrills
Publisher:Cambridge University Press
Number Of Pages:416
Publication Date:2005-12-12
ISBN-10 / ASIN:0521852501
ISBN-13 / EAN:9780521852500
Binding:Hardcover
Product Description:
A completely updated edition of a definitive survey of the peaceful settlement of disputes--a key aspect of international law and international relations. Many methods of handling such disputes have been developed, and this book explains what the relevant techniques and institutions are, how they work and when they are used. This new edition deals with many current developments, including the latest UN peace-keeping operations, the work of the WTO and of the International Tribunal for the Law of the Sea, and the latest case-law of the International Court of Justice.
http://ifile.it/368tsew/0521852501.zip