Oxford University Press

Ellinger E.P., 2005

- The depth of coverage makes this text suitable for both undergraduate and postgraduate students — Contains excellent sources of reference focussing on English law, with considerable use made of US, Canadian and Australian examples enabling students to set banking law within its wider context — Incorporates new developments in relation to electronic banking and payment, consumer credit, financial regulation and securities giving students access to the most up-to-date information New to this edition — New chapters on money laundering and bank guarantees — Includes new developments in relation to electronic banking and payment, consumer credit, financial regulation and securities Ellinger's Modern Banking Law sets banking law clearly against the background of general legal doctrines and banking regulation, discussing its operation in the context of its wider economic function. The book examines the different types of banks and banking organizations operating in the UK, also making use of American, Canadian, and Australian examples. It provides analysis of the banker and customer relationship, explaining the different types of accounts available, the duties and the liabilities of banks, and the latest processes used in the clearance of cheques and money transfers. Issues relating to overdrafts, bank loans, credit agreements, and securities for bankers' advance are covered in the closing chapters. This fourth edition has been fully updated and revised to take into account the recent developments in electronic banking and payment, consumer credit, securities, and financial regulation. Also included are new chapters on money laundering and bank guarantees, ensuring this text maps closely on to university law courses. Подробнее

Employment Aspects of Business Reorganisations

Hyams Oliver, 2006

- Comprehensive guide to the key employment law issues arising in business reorganisations — Fully up to date to incorporate changes made by the TUPE Regulations 2006 — Clearly structured to ensure comprehensive coverage of the various effects of reorganisations on employers and employees, both where the TUPE Regulations apply, and where they do not — Includes practical guidance to the numerous difficult issues that arise in practice, such as working out whether or not the regulations apply, and the complex issues surrounding dismissals and redundancy — Contains full coverage of collective consultation obligations, common law obligations, and rights and liabilities in relation to pension schemes — Written in an accessible and engaging style, this text will appeal both to employment law practitioners and non-specialists — Examines the underlying UK and European statutory framework as well as all relevant case law This timely new text examines the various employment law issues arising in relation to business reorganisations. Providing guidance on the most difficult practical issues of this complex area, the book is aimed primarily at practitioners working in this area. However, its accessible style ensures wider appeal to non-specialists. The book focuses on the rights and obligations of an employer towards its employees and their representatives when it seeks to reorganise its business. This can include situations where an employer wishes to contract out certain operations (and relevant employees may be transferred to another employer) or where affected employees are retained but reallocated to different jobs and responsibilities. Fully up to date to incorporate the Transfer of Undertakings (Protection of Employment) Regulations 2006, the book details the circumstances where the regulations apply and where they do not, and the full implications to employers in each case. Clearly structured to ensure ease of reference, the book provides separate coverage of collective and individual employment rights and detailed analysis of key issues such as obligations in respect of pension schemes, the definition of redundancy and the right to a redundancy payment, as well as the circumstances where there is no redundancy but where an employee may be fairly dismissed in a reorganisation for «some other substantial reason». The book also deals with the manner in which employees' common law rights may be breached and the possible impact of the law of discrimination on a reorganisation. Full attention is given to the underlying UK and European statutory framework and the developing case law in this area. Подробнее

Enforcement of Intellectual Property Rights Through Border Measures: Law and Practice in EU

Vrins Olivier, 2006

- A practical guide to using border measures against the importation of goods infringing intellectual property rights into the European Union — The book gives ^full ^ coverage of EC Regulation 1383/2003 concerning customs action against goods suspected of infringing certain intellectual property rights and 1891/2004 laying down provisions for its implementation — Written by a specialist practitioner editor and contributor team giving all practical aspects of problems involving multi-state abuses of intellectual property rights (including how to contact customs authorities, useful website addresses, and more) — Pulls together a substantial amount of key information not always readily available, thereby saving valuable research time — Reader-friendly layout with consistent design for all of the 25 national reports, facilitating the ability to compare different national approaches and make strategic decisions This book is a practical guide on anti-counterfeiting and anti-piracy measures at the borders of the enlarged European Community. It deals with all aspects of 'border measures' under Regulation (EC) 1383/2003. As well as providing a thorough description of the implementation of the new regime, the publication also fills in the gaps by including areas of national law, thus providing a coherent overview of the application of the current regime of border measures in place within the European Union. The main topics addressed are: (i) the general background behind the phenomena of counterfeiting and piracy in Europe (by Prof. Michael Blakeney); (ii) the international legal framework for border measures (Paris Convention, Berne Convention, TRIPS, WIPO Model Provisions, etc.) (by Prof. Daniel Gervais), as well as (EC) Regulation 1383/2003, Implementing Regulation 1891/2004 and the case law of the European Court of Justice (by Mr Schneider and Mr Vrins); (iii) the main part of the book is devoted to national reports on the application of border measures in all 25 Member Countries of the European Community; (iv) the last Chapter of the book highlights the similarities and differences in the approaches adopted by the Member States when faced with infringements of intellectual property rights at the borders, and attempts to emphasize how these are relevant to right-holders when defining their strategies in the fight against such infringements. This manual is the very first English language publication dealing with the practical application of Regulation 1383/2003 in all 25 Member Countries of the European Community. Подробнее

English: Meaning and Culture

Wierzbicka, 2006

- The author has an international reputation as linguist and founder of the Natural Semantic — Metalanguage approach to semantic analysis — The first book to connect the English language with «Anglo» culture — By the same author: Semantics, Culture, and Cognition (OUP, 1992) sold 3,740 in paperback It is widely accepted that English is the first truly global language and lingua franca. Its dominance has even led to its use and adaptation by local communities for their own purposes and needs. One might see English in this context as being simply a neutral, universal vehicle for the expression of local thoughts and ideas. In fact, English words and phrases have embedded in them a wealth of cultural baggage that is invisible to most native speakers. Anna Wierzbicka, a distinguished linguist known for her theories of semantics, has written the first book that connects the English language with what she terms «Anglo» culture. Wierzbicka points out that language and culture are not just interconnected, but inseparable. This is evident to non-speakers trying to learn puzzling English expressions. She uses original research to investigate the «universe of meaning» within the English language (both grammar and vocabulary) and places it in historical and geographical perspective. For example, she looks at the history of the terms «right» and «wrong» and how with the influence of the Reformation «right» came to mean «correct.» She examines the ideas of «fairness» and «reasonableness» and shows that, far from being cultural universals, they are in fact unique creations of modern English. This engrossing and fascinating work of scholarship should appeal not only to linguists and others concerned with language and culture, but the large group of scholars studying English and English as a second language. Подробнее

English in Europe

Gorlach Manfred, 2004

- First paperback edition of the successful handbook published in 2002 — A fascinating account of the English invasion of Europe's languages — The first systematic commentary on the phenomenon — Covers Icelandic, Dutch, French, Spanish, Norwegian, German, Italian, Romanian, Polish, Croatian, Finnish, Albanian, Russian, Bulgarian, Hungarian, and Greek English in Europe charts the English invasion of Europe since 1945. Sixteen distinguished European scholars report on the English words and phrases that have become integral parts of their languages. Each describes the effect of English on the host language, and shows how the process of incorporation often modifies pronunciation and spelling and frequently transforms meaning and use. The languages surveyed are Icelandic, Dutch, French, Spanish, Norwegian, German, Italian, Romanian, Polish, Croatian, Finnish, Albanian, Russian, Bulgarian, Hungarian, and Greek. The book is designed as a companion to A Dictionary of European Anglicisms but may be read as an independent work. This is the first systematic survey of a phenomenon that is fascinating, alarming, and apparently unstoppable. Подробнее

English in Its Social Contexts: Essays in Historical Sociolinguistics

Machan, 1992

This is a collection of contributed essays on the social history of the English language. It will be the second volume in the Oxford Studies in Sociolinguistics series, edited by Edward Finegan. Linguists are increasingly aware that external social contact can be as significant as internal grammatical structure in instigating and determining the direction of changes within a language's syntax, phonology, and lexicon. Despite this fact, however, existing textbooks on the history of English give scant attention to this sociolinguistic perspective. The present work is designed to serve as a much needed supplement to such texts. The essays in the volume, written by recognized authorities in their fields, address each of the traditional periods of English. Topics covered include: the social status and uses of English, the relations between English and co-existent languages, the relations between varieties of spoken and written language, language as a political and socio-economic instrument, and attitudes towards varieties of English. The book should attract supplementary use in courses in applied linguistics and sociolinguistics as well as in the history of the English language. Подробнее

Environment and Statecraft: Strategy of Environmental Treaty-Making

Barrett Scott, 2005

- Develops a coherent and consistent theory that integrates different approaches to the study of international cooperation and the environment — Provides information on over 300 treaties — Analyses a number of case studies (e.g. depletion of the ozone layer, whaling, pollution of the Rhine, acid rain, over-fishing, pollution of the oceans, and global climate change) — Puts forward policy prescriptions for negotiating better treaties Environmental problems like global climate change and stratospheric ozone depletion can only be remedied if states cooperate with one another. But sovereign states usually care only about their own interests. So states must somehow restructure the incentives to make cooperation pay. This is what treaties are meant to do. A few treaties, such as the Montreal Protocol on Substances that Deplete the Ozone Layer, succeed. Most, however, fail to alter the state behaviour appreciably. This book develops a theory that explains both the successes and the failures. In particular, the book explains when treaties are needed, why some work better than others, and how treaty design can be improved. The best treaties strategically manipulate the incentives states have to exploit the environment, and the theory developed in this book shows how treaties can do this. The theory integrates a number of disciplines, including economics, political science, international law, negotiation analysis, and game theory. It also offers a coherent and consistent approach. The essential assumption is that treaties be self-enforcing-that is, individually rational, collectively rational, and fair. The book applies the theory to a number of environmental problems. It provides information on more than three hundred treaties, and analyses a number of case studies in detail. These include depletion of the ozone layer, whaling, pollution of the Rhine, acid rain, over-fishing, pollution of the oceans, and global climate change. The essential lesson of the book is that treaties should not just tell countries what to do. Treaties must make it in the interests of countries to behave differently. That is, they must restructure the underlying game. Most importantly, they must create incentives for states to participate in a treaty and for parties to comply. Подробнее

Environmental Assessment: The Regulation of Decision Making

Holder Jane, 2006

- Theoretically and historically informed analysis of an increasingly important legal mechanism — Case studies illustrate practice and purpose of using environmental assessment — Broad coverage of topics including land use, pollution control, habitat protection, and policy making — Was a runner up for the Society of Legal Scholars Peter Birks' Prize for Outstanding Legal Scholarship Environmental Assessment is an inherently interdisciplinary mechanism which is concerned with the input and quality of information about the likely effects of development upon the environment. It is a useful tool for examining aspects of the relationship between law, governance, and the regulation of decision making, which have been central to the development of environmental law. In this volume, the procedural mechanism of environmental assessment is analysed. The author argues that, notwithstanding its procedural nature, environmental assessment is highly material to the outcome of a decision. A major focus of this analysis is the enhanced role of the developer in shaping the outcome of a decision by assuming responsibility for providing information on which a decision will be based, in accordance with a broader agenda of expanding the roles and responsibilities of participants in environmental decision making. The author draws upon several contemporary projects as case studies of assessment: a global port, an offshore windfarm, a flood defence strategy, and a recreation centre. In analysing these sites of decision making from a legal perspective, the author touches upon the key determinants of environmental assessment: discretion, the significance of environmental effects, alternative options, and participatory rights. Finally, the volume looks to the future development of environmental assessment: as an avenue for protest, and, alternatively, as a standardized component of international contracts for development. Подробнее

Environmental Law and Compliance Methods

Shea Edward, 2006

Focuses on the practical tasks required to stay in compliance with U.S. environmental laws Подробнее

Equity

Worthington Sarah, 2006

- Introduces the basic principles of equity, emphasising contemporary views and modern issues, thereby providing students with a guide to key topics — Considers the impact equity has had on the modern legal landscape, and the controversial questions that arise from our dual system of law and equity, helping students to think critically about the subject — The clarity of the language ensures that legal debates in this area are readily accessible to all readers New to this edition — The second edition will be thoroughly updated to include significant Court of Appeal and House of Lords cases, that are material to the legal ideas discussed — Selective references to the key cases and commentary have been incorporated to provide guidance for students wishing to pursue the issues in more detail — Includes footnotes and references to leading cases This second edition of Sarah Worthington's Equity maintains the clear ambitions of the first. It sets out the basic principles of equity, and illustrates them by reference to commercial and domestic examples of their operation. The book comprehensively and succinctly describes the role of equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the common law itself. Worthington delivers a complete reworking of the material traditionally described as equity. In doing this, she provides a thorough examination of the fundamental principles underpinning equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, she exposes the possibilities, and the need, for coherent substantive integration of common law and equity. Such integration she perceives as crucial to the continuing success of the modern common law legal system. This book provides an accessible and elementary exploration of equity's place in our modern legal system, whilst also tackling the most taxing and controversial questions which our dual system of law and equity raises. The second edition now includes footnote references to the leading cases in the area. Each chapter also provides a short list of key cases, and a selective biography chosen for its ability to provoke debate about the principal controversies exposed in the chapter. These additions are designed to guide and stimulate students and practitioners in their engagement with the subject. Подробнее

Word Origins : and How We Know Them: Etymology for Everyone

Liberman Anatoly, 2005

Topics include: — Folk Etymology — Borrowed Words — The Methods of Etymology — Change of Meaning in Language History — The Origins of the Earliest Words and Ancient Roots — The State of English Etymology «Millions of people want to know the origin of the words they use. Word columns in daily newspapers and numerous books attempt to satisfy their curiosity. Word histories are usually digested like pills: the user is interested in getting well, not in the chemistry of the prescribed medication. Those who send letters to the Editor also want a straight answer without bothering about how «editors» come by their knowledge. Therefore, they fail to realize that etymologies are seldom definitive and that the science of etymology is intensely interesting. Perhaps if someone explained to them that, compared to the drama of words, Hamlet is a light farce, they might develop a more informed attitude toward philological research and become students of historical linguistics rather than gullible consumers of journalists' pap.» This is how Anatoly Liberman begins Etymology for Everyone , the only guide to the science and process of etymology for the layperson. This funny, charming, and conversational book not only tells the known origins of hundreds of words, but also shows how their origins were determined. Liberman, a world-renowned etymologist, takes the reader by the hand and explains the many ways that English words can be made, and the many ways in which etymologists try to unearth the origins of words. Part history, part how-to, and completely entertaining, Etymology for Everyone invites readers behind the scenes to watch an etymologist at work. Подробнее

European Community Plant Variety Protection

Wurtenberger Gert, 2006

- Written by authoritative specialists in the field including the President of the Community Plant Variety Office — Systematic explanation of the Community plant variety system and of the interrelation of plant variety rights with other IP rights, with guidance on the appropriate form of protection — Covers enforcement under the Plant Variety Protection Regulation and under national laws — Includes time-saving references for further information on national, Community and international plant variety protection and enforcement This book is intended as a practical guide to the European Community plant variety protection system under Council Regulation (EC) 2100/94. This system was introduced to enable breeders to protect in Europe new varieties of plants with a tailor-made intellectual property right. The plant breeding industry is an important sector in the European Community with an increasingly competitive atmosphere forcing breeders to protect their products and enforce their IP rights against competitors. This book provides a systematic approach to the Community plant variety protection system. The authors explain how to obtain plant variety protection and how to enforce rights to that protection. They also consider various interpretations of the provisions of the Regulation as well as the strengths and weaknesses of the system. The book covers the world's largest system for plant variety protection, and will be the only comprehensive up-to-date resource on Community Plant Variety Rights. Подробнее

The European Court of Justice

Arnull Anthony, 2006

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. This book analyses the Court's place in the institutional architecture of the European Union and its contribution to the constitutionalization of the Union and the development of the Union's substantive law. Questions examined include the jurisdiction of the Court; the relationship between Union law and national law; the impact of Union law on national laws concerning remedies; and the protection of fundamental rights. The book also looks at certain key areas of substantive law which have to a large extent been judicially constructed. In the final section, some overarching themes relating to the Court's overall approach are addressed. To what extent has it evolved with the development of the Union? What has been the Court's relationship with the other institutions of the Union and the national courts of the Member States? Should we regard the central role the Court has undoubtedly played in the development of the Union as legitimate? What is the nature of the role reserved for the Court under the Union's Constitutional Treaty, signed by the Member States in Rome on 29 October 2004? The book will be of interest to anyone concerned with the development of the European Union and the role of the Court in that process. Подробнее

European Court of Justice

Arnull Anthony, 2006

- New edition of a leading single volume treatise on the jurisprudence of the ECJ — Discussion of key issues of the Court's jurisdiction, direct effect, remedies, and fundamental freedoms — Analyses the role reserved for the Court under the Union's new Constitutional Treaty Подробнее

The European Employment Strategy: Labour Market Regulation and New Governance

Ashiagbor Diamond, 2005

- Charts evolution of EU Employment Strategy and outlines its implications for labour law and industrial relations — Offers an interdisciplinary exploration of European social law and employment policy — Examines aspects of the 'new governance' — such as whether states or the EU should regulate labour and the harmonization versus competition debate Labour law and social policy have long provided an arena within which key debates over the depth and pace of European integration have taken place. Increasingly, as the European Union's employment policy has matured, employment and economic policy discourses have come to displace discourses around social policy and social law, a displacement which has occurred in tandem with a shift from legislative harmonisation to the use of 'soft law' and governance by means of guidelines. This book charts the evolution of the European Employment Strategy and the new forms of governance to which it has given rise, in particular the 'open method of coordination'. It offers an interdisciplinary exploration of European social law and employment policy, scrutinizing the law and economics of labour market regulation in the European context and responding to the economic critique of traditional notions of social protection. Through a detailed examination of the legal and economic underpinnings of the European Employment Strategy, the author outlines the implications of this strategy for labour law, social protection and industrial relations within the EU. Using the open method of coordination in the European Employment Strategy as a case study, the book also provides a timely contribution to the growing literature on 'new governance' in the EU. This innovative form of governance has the potential to forge a middle course through the regulatory choices facing the EU: the choice over the appropriate level of regulation in the EU, whether national or supranational; that over the legitimate role for the state in regulating or deregulating the labour market; and ultimately, the choice between centralised harmonization and regulatory competition. Подробнее

European Tort Law

Dam Cees Van, 2006

- Brings together French, German and English tort law, European Community tort law and the case law of the European Court of Human Rights — Gives a concise and up to date account of how the various tort law systems work and how they are intertwined — Examines the relationships between cultures and policies of the different systems This is the first textbook on European tort law. It provides insight into the differences and commonalities between the tort law systems of various European jurisdictions, bringing together national tort law, comparative law, Community law and human rights law. The author shows that European tort law is still a matter of diversity rather than harmony, particularly at policy level. However, he also underlines that Community law and the European Convention on Human Rights are powerful engines for harmonization. For this reason, European tort law is of growing importance for practitioners and academics as European integration progresses. The first part of the book (Systems of Liability ) provides an overview of the state of affairs of the tort law systems of France, Germany and England, and of the European Union. In a concluding chapter the author compares the various rules, cultures and policies of the legal systems and demonstrates the need for a European policy discourse. The second part (Requirements of Liability ) analyzes and compares the requirements for liability in the various tort law systems: protected interests, intention and negligence, breach of statutory duty, stricter rules of liability, causation, damage, damages, and contributory negligence. The final part (Categories of Liability ) also assumes a comparative and supranational point of view. It shows how national and European rules are applied in a number of categories, such as liability of public bodies, liability for defective products, motor vehicles, employees, children, premises and highways, and for environmental damage. The book is written in a concise yet clear style. Brief accounts of numerous cases elucidate the breadth and depth of European tort law. Подробнее

Exam Skills for Law Students

McVea Harry, 2006

- Provides practical guidance on the skills and techniques needed to successfully answer essay and problem-style questions so that students can reach their full potential — Includes numerous examples of model answers, both good and bad, with author commentary so that students can understand how, by approaching questions in different ways, they can best demonstrate their knowledge of the law — Emphasises the need to develop skills and techniques throughout law modules including how to gather appropriate materials, and formulate ideas, so that early on students are in the best possible position to produce work that reflects their abilities New to this edition — New coverage on the best techniques students could adopt in writing their coursework, including extended essays and dissertations — There will be an expanded section on answering essay questions — An improved and clearer page layout to aid navigation This book deals with the major hurdles that all students must face: examinations. To overcome this barrier, it is important that the exam process is fully understood by students and that the techniques used by successful examinees are thoroughly mastered. Written in a clear, accessible style, Exam Skills for Law Students demonstrates how good students can do themselves justice in examinations by using the knowledge that they have acquired to full effect. The authors suggest ways in which legal arguments can be marshalled and identify methods by which both essay and problem questions can be tackled. Examples are drawn from the core subjects of contract, criminal law, public law and the law of torts, although techniques illustrated can be applied to many other areas of law. This will be an invaluable aid to any students taking academic law examinations. Подробнее

The Executive and Public Law: Power and Accountability in Comparative Perspective

Craig Paul, 2005

- Accountability of executive power is highly topical in the wake of the Iraq war, and the Guantanamo Bay detainees — Uniquely approaches the issue of the nature of executive power from a comparative legal perspective — Addresses the question of the correct delimitation of executive power, and how best to hold it politically and legally to account For most of the past two hundred years or more — the grand era of national constitution-making — founding fathers and constitutional scholars alike seem to have focused more sharply on questions of legislative power than they have on executive power. Executive power, by contrast, they worried much less about and sought to delimit less thoroughly. The scope of executive power and its accountability are however endemic problems, which arise within federal and non-federal states. Nor are these issues unique to common law constitutional orders. Problems concerning the nature and delimitation of executive power also arise in civil law jurisdictions and in the European Union. Despite the historical constitutional focus on legislative power, it is executive authority which seems in the early 21st-century to be the more threatening. This book addresses two sets of questions that are under-researched in constitutional scholarship. What is the proper scope of executive authority, how is executive power delimited, and how should it be defined? How is executive authority best held to account, politically and legally? These questions are both descriptive and normative and they are addressed accordingly in each of the chapters by leading public lawyers from a variety of jurisdictions. The book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada, and the United States; on the four civil law jurisdictions of France, Germany, Italy, and Spain; and on the European Union. This insightful comparative perspective allows themes to be drawn together, and lessons extracted on the nature of executive power and its accountability. Подробнее

Experts in the Civil Courts

Expert Witness Institute, 2006

- Comprehensive new guide to the controversial area of expert evidence in civil litigation — An authoritative first port-of-call for civil litigation practitioners, the judiciary, and professionals who act as expert witnesses — Provides detailed commentary to the new procedures under Part 35 of the Civil Procedure Rules — Contains practical guidance to the key issues that arise in practice, including accreditation, the solicitor/expert relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability — Also looks at the historical background to expert testimony, and discusses the future development of the law, with reference to developments in the courts and other tribunals — Written by a leading multidisciplinary contributor team, many of whom were involved in the Working Party on the Code of Guidance for Expert Evidence — Edited by Sir Louis Blom-Cooper QC, a past Chair and Governor of the Expert Witness Institute Expert evidence in the civil justice system remains a controversial area, and one which continues to develop in the context of the changes in civil litigation brought about by the Woolf reforms. In June 2005 the Civil Justice Council's Protocol for the Instruction of Experts was launched to provide guidance to legal professionals and those acting as experts. The recent disciplinary case taken against Sir Roy Meadow by the General Medical Council relating to his expert evidence in a criminal trial — while not directly a civil matter — served to highlight a number of the key problems faced by experts in giving opinion evidence to courts. This new title is a comprehensive guide and reference book for all who are concerned with the quality of expert evidence in the courts. The text focuses on civil practice and looks in detail at the impact of the Civil Procedure Rules on expert evidence. It concentrates on the practical aspects of having experts give evidence, and looks at areas which have caused particular confusion, or on which case law is gradually emerging. Coverage will include the accreditation of experts, the litigant solicitor/expert witness relationship, experts' reports and privilege, court management of expert evidence, the single joint expert, and experts' immunity from liability. The book also includes an illustrative account of one expert's experience in a complex class action relating to a pharmaceutical product. In addition to practical guidance, the book also provides a historical background to expert testimony and discusses the future development of the law, with reference to developments in the courts and other tribunals. Written by a team of leading practitioners, many of whom were members of the Working Party on the Code of Guidance for Expert Evidence, the book is an authoritative first port-of-call for civil litigation practitioners who use experts or come across them regularly in their work, the judiciary, and for experts themselves. Подробнее

Exploring Law's Empire: Jurisprudence of Ronald Dworkin

Hershovitz Scott, 2006

- Includes a contribution from Dworkin himself, in which he restates his position and responds to the preceding essays — Expert contributors, cutting edge in their fields of inquiry — Comprehensive coverage, therefore suitable as a companion volume to Dworkin's main works Exploring Law's Empire is a collection of essays by leading legal theorists and philosophers who have been invited to develop, defend, or critique Ronald Dworkin's controversial and exciting jurisprudence. The volume explores Dworkin's critique of legal positivism, his theory of law as integrity, and his writings on constitutional jurisprudence. Each essay is a cutting-edge contribution to its field of inquiry, the highlights of which include an introduction by Justice Stephen Breyer of the United States Supreme Court, and a concluding essay by Dworkin himself. This final chapter responds to the preceding essays and lays out Dworkin's own vision for the future of jurisprdence over the coming years. Подробнее

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