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Hearsay Evidence in Criminal Proceedings (Criminal Law Library)

By John Spencer

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Publisher: Hart Publishing
Number Of Pages: 300
Publication Date: 2008-05
ISBN-10 / ASIN: 1841138126
ISBN-13 / EAN: 9781841138121
Binding: Paperback

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Product Description:
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. Since the new provisions came into force a body of case-law has interpreted them and, in particular, given guidance as to how the new 'inclusionary discretion' should be exercised. Following the style of his earlier book about the new law on bad character evidence, the central part of Professor Spencer's book on hearsay evidence consists of section-by-section commentary on the relevant provisions of the Act. The commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.This book offers a critical commentary on the law of hearsay evidence in criminal proceedings, as it stands after the Criminal Justice Act 2003. John Spencer worked closely with the law commission as a consultant regarding the new provisions of the CJA 2003. This book is an invaluable source of reference for students and criminal law barristers.

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Sexual Equality in an Integrated Europe: Virtual Equality (Europe in Transition: The NYU European Studies Series)

By R. Amy Elman

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Publisher: Palgrave Macmillan
Number Of Pages: 228
Publication Date: 2007-11-27
ISBN-10 / ASIN: 1403982759
ISBN-13 / EAN: 9781403982759
Binding: Hardcover

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Product Description:

What role does "Europe" have in defining, maintaining, constructing, or remedying sex discrimination? This question guides an investigation into the origins, institutions, and policies associated with the European Union and its recent efforts to stem violence against women, sex trafficking, racism and heterosexism.
Exploring the politics of the EU and the integration process through a lens of social (in)equality, Sexual Equality in an Integrated Europe keeps us current while offering an innovative means of addressing state sovereignty, transnational power, intergovernmental prowess, transparency, and social change.
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Euthanasia and Law in Europe

By John Griffiths, Heleen Weyers, Maurice Adams

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Publisher: Hart Publishing (UK)
Number Of Pages: 595
Publication Date: 2008-05
ISBN-10 / ASIN: 1841137006
ISBN-13 / EAN: 9781841137001
Binding: Hardcover

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Product Description:
This book is a successor to J.Griffiths, A. Bood and H. Weyers, "Euthanasia and Law in the Netherlands" (Amsterdam University Press 1998). The first book was widely praised for its thoroughness, clarity, and accuracy. The new book emphasizes recent legal developments and new research, and has been expanded to include a full treatment of Belgium, where since 2002 euthanasia has also become legal. In addition, short descriptions of the legal situation and what is known about actual practice in a number of other European countries (including the UK, Switzerland, France, Spain), written by local specialists, is included. The book strives for as complete and dispassionate a description of the situation as possible. It covers in detail: the substantive law applicable to euthanasia, physician-assisted suicide, withholding and withdrawing treatment, use of pain relief in potentially lethal doses, terminal sedation, and termination of life without a request (in particular in the case of newborn babies); the process of legal development that has led to the current state of the law; the system of legal control and its operation in practice; and, the results of empirical research concerning actual medical practice.

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Landmark Cases in the Law of Contract

By Charles Mitchell, Paul Mitchell

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Publisher: Hart Publishing
Number Of Pages: 373
Publication Date: 2008-05-28
ISBN-10 / ASIN: 1841137596
ISBN-13 / EAN: 9781841137599
Binding: Hardcover

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Product Description:
"Landmark Cases in the Law of Contract" offers twelve original essays by leading contract scholars. As with the essays in the companion volume, "Landmark Cases in the Law of Restitution" (Hart, 2006) each essay takes as its focus a particular leading case, and analyses that case in its historical or theoretical context. The cases range from the early eighteenth - to the late twentieth - centuries, and deal with an array of contractual doctrines. Some of the essays call for their case to be stripped of its landmark status, whilst others argue that it has more to offer than we have previously appreciated. The particular historical context of these landmark cases, as revealed by the authors, often shows that our current assumptions about the case and what it stands for are either mistaken, or require radical modification. The book also explores several common themes which are fundamental to the development of the law of contract: for instance, the influence of commercial expectations, appeals to 'reason' and the significance of particular judicial ideologies and techniques.This book contains a collection of new and original articles on the famous contract cases. It includes contributions from well-established scholars analysing both current and historical aspects of contract law. The analysis of the cases will be of interest to barristers, academics and judges.

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Speech Acts and the First Amendment

By Franklyn S Haiman

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Publisher:  Southern Illinois University Press
Number Of Pages:  120
Publication Date:  1993-12-07
ISBN-10 / ASIN:  0809318822
ISBN-13 / EAN:  9780809318827
Binding:  Hardcover

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Product Description:

What can a democratic society reasonably do about the perplexing problems of racial intolerance, sexual harassment, incitements to violence, and invasions of privacy? Is it possible to preserve the constitutional ideal of free expression while protecting the community from those who would trample on the rights of others?

Franklyn S. Haiman critically examines the reasoning behind recent efforts to prohibit certain forms of speech and explores the possible consequences to democracy of such moves.

Speech act theory, well known to scholars of rhetoric, communication, and language, underlies this emerging trend in judicial and legislative thinking. The idea that "words are deeds," first articulated in language philosophy by Wittgenstein and elaborated by J. L. Austin and John Searle, is being invoked by some members of the legal community to target objectionable speech. For example, speech codes on some college campuses prohibit racist, sexist, and homophobic expression, and attempts have been made through local laws to classify pornography as a form of sex discrimination. By defining certain kinds of arguably immoral symbolic behavior such as hate speech, obscenity, or portrayals of violence as acts rather than as pure speech, speech act advocates make it easier to argue that such conduct should be subject to social control through the law.

Unlike totalitarian or theocratic societies that see no difference between their concept of morality and the law, however, a democracy must make a distinction between what it regards as immoral and what it makes illegal. Haiman maintains that in the realm of symbolic behavior the line between them should be drawn as closely as possible to expression that results in the most serious, direct, immediate, and physical harm to others. Thus, he joins with former Supreme Court Justice Louis Brandeis in concluding that, absent an emergency, more speech, not enforced silence, should be the aim of a free society.

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Select Proceedings of the European Society of International Law: 2006 By Helene Ruiz Fabri, Emmanuelle Jouannet Publisher:  Hart Publishing Number Of Pages:  441 Publication Date:  2008-05-30 ISBN-10 / ASIN:  1841136883 ISBN-13 / EAN:  9781841136882 Binding:  Paperback Product Description: This is the first volume of proceedings arising from the bi-ennial conference of the European Society of International Law/Societe europeene de droit international, edited by Helene Ruiz Fabri and Bruno Simma. The volume presents the highlights of the Paris Conference 2006, and the papers are evenly divided between English and French language contributions. It is envisaged that this will be the first volume of a series, with future volumes following on from each major ESIL/SEDI event. http://mihd.net/d6h3q20/1841136883.rar file:///C:/Documents%20and%20Settings/libz/My%20Documents/My%20Pictures/0.jpg

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The Law and Economics of Takeovers: An Acquirer's Perspective (Contemporary Studies in Corporate Law)

By Athanasios Kouloridas

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Publisher:  Hart Publishing (UK)
Number Of Pages:  304
Publication Date:  2008-05-19
ISBN-10 / ASIN:  1841136646
ISBN-13 / EAN:  9781841136646
Binding:  Hardcover

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Product Description:
This book studies takeovers from the acquirer's perspective. More precisely, "The Book" focuses on the legal and regulatory treatment of the risks faced by the acquiring company shareholders in takeovers. The identified risks are categorised into two main groups: first, risks generated by managerial choices and second, regulatory or external risks. The analysis considers the legal context but also draws on the economic literature, seeking to map the area under consideration and to suggest measures to improve the present position from both law and economics perspective. More specifically, the book examines various methods of protecting the acquiring shareholders against value-decreasing or self-interested acquisitions, such as the class transaction rules, fiduciary duties, the acquiring directors' responsibilities under the Takeover Code, the court scheme procedure, the role of institutional shareholders and reward strategies, and methods of making the acquiring directors more exposed to the discipline of the market. The effects of the choice of the medium of payment are also covered. In addition, it covers the Code's position with regards to auction situations and seeks to identify ways of addressing the acquiring shareholders' interests in auctions, including auctions where buyout teams or white Knights are involved. Moreover, it identifies situations where deviations from horizontal equality rules, which increase takeover premia, are or should be recognised. To that effect the Code's rules on mandatory bids, the determination of the price and the form of payment offered, partial offers and squeeze outs are considered. The analysis covers both hostile and friendly situations. In relation to hostile takeovers, the legal and regulatory framework of toehold strategies is analysed (Code's requirements, Disclosure Rules and Companies Act disclosure requirements etc). Market Abuse issues in relation to stake building are also highlighted. In relation to friendly takeovers the operation of lock-up agreements and break fees (Code's requirements, fiduciary law, financial assistance and other contract law concerns), is also explored. Finally, the Panel's position on adverse changes, pre-conditions and conditions on which the offer can be subject to and the bidder's exposure to Material Adverse Change risk are assessed. "The Book" discusses recent developments in the area under consideration including the Takeover Code regime after the implementation of the Takeover Directive and the Companies Act 2006.

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Modern Studies in Property Law

By Elizabeth Cooke

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Publisher:  Hart Publishing
Number Of Pages:  337
Publication Date:  2007-05
ISBN-10 / ASIN:  184113628X
ISBN-13 / EAN:  9781841136288
Binding:  Hardcover

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Product Description:
This book comprises a collection of papers given at the sixth biennial conference of the Centre for Property Law at the University of Reading held in March 2006, and is the fourth in the series "Modern Studies in Property Law". The Reading conference has become well-known as a unique opportunity for property lawyers to meet and confer both formally and informally. This volume is a refereed and revised selection of the papers given there. It covers a broad range of topics of immediate importance, not only in domestic law but also on a worldwide scale.

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Contract Damages: Domestic and International Perspectives

By Djakhongir Saidov, Ralph Cunnington

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Publisher:  Hart Publishing (UK)
Number Of Pages:  495
Publication Date:  2008-06
ISBN-10 / ASIN:  1841137413
ISBN-13 / EAN:  9781841137414
Binding:  Hardcover

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Product Description:
This book is a collection of essays examining the remedy of contract damages in the common law and under the international contract law instruments such as the Vienna Convention on Contracts for the International Sales of Goods and the UNIDROIT Principles of International Commercial Contracts. The essays, written by leading experts in the area, raise important and topical issues relating to the law of contract damages from both theoretical and practical perspectives.The book aims to inform readers of current developments, problems, trends and debates surrounding contract damages and reflects an ongoing dialogue on damages among representatives of common law, civil law, mixed and trans-national legal systems. The general issues addressed in the collection include the purpose and scope of damages, the measures of damages, recoverability of losses, methods of limiting damages, and the assessment of damages. A special emphasis is placed on the examination of the role of gain-based damages, the meaning and definition of loss, the recoverability of damages for injury to business reputation, the recoverability of legal fees, the rules of mitigation and foreseeability, the dilemma between the 'abstract' and 'concrete' approaches to the calculation of damages, and the relationship between changes in monetary value and the assessment of damages.This book includes a collection of essays that analyse contract damages from national and international perspectives. The contributors are experts in the area of contract and international commercial law. It will be of interest to academics, practitioners, judges and international commercial arbitrators.

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Reclaiming the Rights of the Hobbesian Subject

By Eleanor Curran

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Publisher:  Palgrave Macmillan
Number Of Pages:  256
Publication Date:  2007-12-26
ISBN-10 / ASIN:  0230001491
ISBN-13 / EAN:  9780230001497
Binding:  Hardcover

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Product Description:

'There are no substantive rights for subjects in Hobbes's political theory, only bare freedoms without correlated duties to protect them'. This orthodoxy of Hobbes scholarship and its Hohfeldian assumptions are challenged by Curran who develops an argument that Hobbes provides claim rights for subjects against each other and (indirect) protection of the right to self-preservation by sovereign duties. The underlying theory, she argues, is not a theory of natural rights but rather, a modern, secular theory of rights, with something to offer current discussions in rights theory.
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The Adoption Sourcebook: A Complete Guide to the Complex Legal, Financial, and Emotional Maze of Adoption

By Cheryl Jones, Bruce Rappaport

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Publisher:  NTC Business Books
Number Of Pages:  204
Publication Date:  1998-06
ISBN-10 / ASIN:  1565659066
ISBN-13 / EAN:  9781565659063
Binding:  Hardcover

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Summary: Concise guide to emotional & procedural aspects of adoption.
Rating: 5
An informative "must read" for families considering any form of adoption as a means to building a family. Includes detailed information and positive affirmations to those embarking on the often tempestuous journey toward adoption.

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The Damages Lottery

By P. S. Atiyah

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Publisher:  Hart Publishing (UK)
Number Of Pages:  201
Publication Date:  1997-05
ISBN-10 / ASIN:  1901362051
ISBN-13 / EAN:  9781901362053
Binding:  Hardcover

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Product Description:
In this searching critique, Professor Atiyah shows that the present system of damages is a lottery. His conclusion is that actions for injury damages should be abolished and replaced with new insurance policies and a no-fault road accident scheme.

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Women's Rights and Religious Practice: Claims in Conflict (York Studies on Women and Men)

By Alison L. Boden

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Publisher: Palgrave Macmillan
Number Of Pages: 272
Publication Date: 2008-01-08
ISBN-10 / ASIN: 0230551440
ISBN-13 / EAN: 9780230551442
Binding: Hardcover

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Product Description:

When conflicts arise between claims to human rights for women and claims for religious integrity and authority, which perspective should prevail? The author investigates the criteria for assessing such situations, including family religious ideology and the questions of relativism, privacy, and agency. The study concludes that theological resistance and certain political and social inhibitors sometimes, ironically, render the human rights concept inappropriate for achieving the rights of religious women.
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Death Threats and Violence: New Research and Clinical Perspectives

By Stephen J. Morewitz

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Publisher:  Springer
Number Of Pages:  188
Publication Date:  2008-08-28
ISBN-10 / ASIN:  0387766618
ISBN-13 / EAN:  9780387766614
Binding:  Hardcover

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Product Description:

Threats of violence—and especially of homicide—are a too-familiar part of modern life, paralleling stressful conditions at home, on the job, on campus, and in relationships. Death Threats and Violence analyzes the meaning and impact of homicidal threats, the means by which they are communicated, and their development from infrequent private occurrence to ongoing social problem. Using data from the Stalking and Violence Project and recent events including the Virginia Tech massacre, Stephen Morewitz explores the lives of the men (and to a lesser degree, women) who make threats against their partners, strangers, social groups, and institutions. By balancing individual variables against the larger context of social norms and controls, this book offers a well-rounded assessment of death threats and their role in domestic and public violence.
Among the topics included: Personal and societal risk factors of threat makers and their victims; Possible links between stalking, death threats, and homicide; The enabling functions of substance abuse and access to weapons; Risk factors for partner-, school- and workplace-related death threats; Psychological and social effects of death threats on victims and their families; Law enforcement and legal system responses to death threats, particularly in comparison with offenders who do not make them.; Death threats as used in hate crimes, terrorism, and war.
Death Threats and Violence is an up-to-the-minute work of particular interest to general and forensic psychologists, clinical social workers, criminal justice and health professionals and those studying the current social climate in which such threats are prevalent.

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Roman Law an Historical Introduction

By Hans Julius Wolff

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Publisher:  University of Oklahoma Press
Number Of Pages:  260
Publication Date:  1976-06
ISBN-10 / ASIN:  0806112964
ISBN-13 / EAN:  9780806112961
Binding:  Paperback

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The Game of Justice: A Theory of Individual Self-Government

By Ruth Lane

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Publisher:  State University of New York Press
Number Of Pages:  208
Publication Date:  2007-04-05
ISBN-10 / ASIN:  0791470555
ISBN-13 / EAN:  9780791470558
Binding:  Hardcover

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Product Description:
Argues in favor of viewing justice as a political contest that everyone has a stake in.

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Achieving Human Rights

By Richard Falk

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Publisher:  Routledge
Number Of Pages:  256
Publication Date:  2008-10-28
ISBN-10 / ASIN:  0415990157
ISBN-13 / EAN:  9780415990158
Binding:  Hardcover

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Product Description:
Richard Falk once again captures our attention with a nuanced analysis of what we need to do—at the personal level as well as state actions—to refocus our pursuit of human rights in a post-9/11 world. From democratic global governance, to the costs of the Iraq War, the preeminent role of the United States in the world order to the role of individual citizens of a globalized world, Falk stresses the moral urgency achieving human rights. In elegant simplicity, this book places the priority such an ethos in the personal decisions we make in our human interactions, not just the activities of government institutions and non-governmental organizations. Falk masterly weaves together such topics as the Iraq War, U.S. human rights practices and abuses, humanitarian intervention, the rule of law, responses to terrorism, genocide in Bosnia, the Pinochet trial, the Holocaust, and information technology to create a moral tapestry of world order with human rights at the center.

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Winning in Small Claims Courts: A Step-By-Step Guide for Trying Your Own Small Claims Cases

By William E. Brewer

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Publisher:  Career Press
Number Of Pages:  224
Publication Date:  1998-11
ISBN-10 / ASIN:  1564143740
ISBN-13 / EAN:  9781564143747
Binding:  Paperback

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Copyright Plain and Simple (Plain & Simple Series)

By Cheryl Besenjak

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Publisher:  Career Press
Number Of Pages:  191
Publication Date:  1997-05
ISBN-10 / ASIN:  1564142736
ISBN-13 / EAN:  9781564142733
Binding:  Paperback

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Product Description:
This newly revised edition of Copyright Plain & Simple outlines the fundamental elements of copyright as they apply to a variety of works, including: literature, drama, music, choreograpy, pantomimes, motion pictures and other audiovisual works, architecture, and so on.
Copyright Plain & Simple takes copyright out of the legal form and presents it in ways you can use and understand clearly.
Some issues that are covered in Copyright Plain & Simple include:
- What copyright is and why it is important.
- What copyright issues have been clouded by the Internet.
- When copyright law started and how it has changed over the years.
- The types of properties that are-and aren't- protected by copyright.
- What "fair use" is and when you claim it.
- What constitutes copyright infringement and how you can avoid it.

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Children's Testimony: A Handbook of Psychological Research and Forensic Practice (Wiley Series in Psychology of Crime, Policing and Law)

By Helen L. Westcott, Graham M. Davies, Ray Bull

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Publisher:  Wiley
Number Of Pages:  426
Publication Date:  2002-11-01
ISBN-10 / ASIN:  047149173X
ISBN-13 / EAN:  9780471491736
Binding:  Paperback

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Product Description:
Children's Testimony offers a comprehensive and up-to-date assessment of issues relating to children's evidence. Starting with psychological underpinnings and child protection considerations, the reader is taken through a clearly structured and timely collection of chapters from internationally renowned contributors.
Pointers for practitioners are clearly highlighted throughout and a unique, jargon-free glossary of psychological terms encountered in child witness research is included making this a highly practical text.
* An accessible review of existing knowledge and preview of new and recent developments in psychological research and forensic practice
* An outstanding group of international contributors
* Offers a broad scope that considers all the key areas of research and practice

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