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Law

See below for a selection of the latest books from Law category. Presented with a red border are the Law books that have been lovingly read and reviewed by the experts at Lovereading. With expert reading recommendations made by people with a passion for books and some unique features Lovereading will help you find great Law books and those from many more genres to read that will keep you inspired and entertained. And it's all free!

An Expressive Theory of Possession

An Expressive Theory of Possession

Author: Michael J R (University of New South Wales) Crawford Format: Hardback Release Date: 09/07/2020

Possession is a foundational concept in property law. Despite its undoubted importance, it is poorly understood and a perennial source of confusion. Indeed, there is a widely held view amongst lawyers that possession is an irredeemably ambiguous and amorphous concept. This book aims to challenge this conventional wisdom and to demonstrate that possession is in fact far simpler than generations of lawyers have been led to believe. In viewing possession as a knotty problem for the philosopher or legal theoretician, scholars are apt to overlook the important truth that possession is a concept that laymen routinely and, for the most part, effortlessly apply as they navigate through the countless property interactions that shape everyday life. The key to understanding the nature and function of possession in the law is to appreciate that the possession rule is, first and foremost, a spontaneously emergent phenomenon. Possession describes those acts that, as a matter of an extra-legal convention, constitute the accepted way in which members of a given population stake their claim to resources from cinema seats to cattle stations. Fusing traditional legal analysis with insights from philosophy and economics, An Expressive Theory of Possession applies this central claim to both theoretical and doctrinal problems in property law and, in doing so, provides a coherent explanation of possession and its role in law and life.

Judicial Deference in International Adjudication A Comparative Analysis

Judicial Deference in International Adjudication A Comparative Analysis

Author: Johannes Hendrik Fahner Format: Hardback Release Date: 09/07/2020

International adjudicators are more and more often requested to pass judgement on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, trade, and investment law, international tribunals are now commonly required to evaluate decisions of national authorities that have been made in the due course of democratic procedures and public deliberation. This raises the question of whether international adjudicators should review such decisions de novo or whether they should give deference to domestic authorities. In many national legal orders, courts do not exercise de novo review with regard to legislative and administrative decisions, as this would allow them to supplant the powers of other branches of government. Instead, courts exercise only deferential forms of review, limiting the intensity of their review by giving special weight to the determinations made by the institution under review. This book investigates whether international courts and tribunals have also adopted deferential standards of review and whether they should do so.

The Legacies of Institutionalisation Disability, Law and Policy in the 'Deinstitutionalised' Community

The Legacies of Institutionalisation Disability, Law and Policy in the 'Deinstitutionalised' Community

Author: Claire (University of Melbourne) Spivakovsky Format: Hardback Release Date: 09/07/2020

This is the first collection to examine the legal dynamics of deinstitutionalisation. It considers the extent to which some contemporary laws, policies and practices affecting people with disabilities are moving towards the promised end point of enhanced social and political participation in the community, while others may instead reinstate, continue or legitimate historical practices associated with this population's institutionalisation. Bringing together 20 contributors from the UK, Canada, Australia, Spain and Indonesia, the book speaks to overarching themes of segregation and inequality, interlocking forms of oppression and rights-based advancements in law, policy and practice. Ultimately this collection brings forth the possibilities, limits and contradictions in the roles of law and policy in processes of institutionalisation and deinstitutionalisation, and directs us towards a more nuanced and sustained scholarly and political engagement with these issues.

Judicial Selection in the States Politics and the Struggle for Reform

Judicial Selection in the States Politics and the Struggle for Reform

Author: Herbert M. Kritzer Format: Hardback Release Date: 30/06/2020

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

Judicial Selection in the States Politics and the Struggle for Reform

Judicial Selection in the States Politics and the Struggle for Reform

Author: Herbert M. Kritzer Format: Paperback / softback Release Date: 30/06/2020

Using detailed case studies of the relevant US states, Herbert Kritzer provides an unprecedented examination of the process and politics of how states select and retain judges. The book is organized around the competing goals of politics and professionalism, namely whether the focus in choosing judges should be on future judicial decisions (court outputs) or on the court processes by which those decisions are reached. Or, in considering who should be a judge, whether the emphasis should be on political credentials or on professional credentials. One important finding is that political concerns have surpassed professionalism concerns since 2000. Another is that voters have been more supportive of professionalism in selecting appellate judges than trial judges. Judicial Selection in the States should be read by anyone seeking a deep understanding of the complex interplay between politics and the judiciary at the state level in the United States.

Solicitors' Liability

Solicitors' Liability

Author: William, QC Flenley QC, Tom, QC Leech QC Format: Hardback Release Date: 30/06/2020

Solicitors' Negligence and Liability provides a comprehensive guide to all aspects of solicitors' negligence, liability in equity and wasted costs. Written by leading practitioners in the field, it deals with a variety of topics, from general principles to specific situations, providing practical guidance to the procedural aspects of bringing and defending a claim for solicitors' negligence. The fourth edition includes: - A new chapter on insurance law focusing on a number of key topics which arise, particularly in relation to solicitors' insurance: aggregation; condonation; definition of private legal practice; notification; possibly successor practice rules. - A new section aimed at people who run solicitors' firms, covering: Establishing and terminating a retainer; Reducing scope of liability, and moulding fiduciary duties, at the start of the retainer; Money laundering, including due diligence on clients; Terms and conditions; Cross referencing to identity fraud in other chapters. - Updated case law to cover all recent Supreme Court and Court of Appeal decisions, eg Hughes-Holland v BPE (Supreme Court) scope of duty and extent of damages; Redler v AIB (Supreme Court): breach of trust; Lowick Rose v Swynson (Supreme Court): lifting the corporate veil in claims against professionals; Tiuta International v de Villiers (Court of Appeal): lenders' claims, impact of a remortgage on damages; Wellesley v Withers (Court of Appeal): test for remoteness of damage; and E Surv v Goldsmith Williams (Court of Appeal): implied duty on solicitors in lenders' claims. - Regulatory/disciplinary developments, eg revised SRA Code of Conduct.

State Responsibility in the International Legal Order A Critical Appraisal

State Responsibility in the International Legal Order A Critical Appraisal

Author: Katja Creutz Format: Hardback Release Date: 30/06/2020

State responsibility in international law is considered one of the cornerstones of the field. For a long time it remained the exclusive responsibility system due to the primacy of States as subjects of international law. Its unique position has nonetheless been challenged by several developments both within and outside the international legal order, such as the rise of alternative responsibility ideas and practices, as well as globalization and its consequences. This book adopts a critical and holistic approach to the law of State responsibility and analyzes the functionality of the general rules of State responsibility in a changed international landscape characterized by the fragmentation of responsibility. It is argued that State responsibility is not equally relevant across the broad spectrum of international obligations, and that alternative constructions of responsibility, namely international criminal law and international liability, have increased in standing.

States of Justice The Politics of the International Criminal Court

States of Justice The Politics of the International Criminal Court

Author: Oumar (Morehouse College, Atlanta) Ba Format: Hardback Release Date: 30/06/2020

This book theorizes the ways in which states that are presumed to be weaker in the international system use the International Criminal Court (ICC) to advance their security and political interests. Ultimately, it contends that African states have managed to instrumentally and strategically use the international justice system to their advantage, a theoretical framework that challenges the justice cascade argument. The empirical work of this study focuses on four major themes around the intersection of power, states' interests, and the global governance of atrocity crimes: firstly, the strategic use of self-referrals to the ICC; secondly, complementarity between national and the international justice system; thirdly, the limits of state cooperation with international courts; and finally the use of international courts in domestic political conflicts. This book is valuable to students, scholars, and researchers who are interested in international relations, international criminal justice, peace and conflict studies, human rights, and African politics.

The Eighth Amendment and Its Future in a New Age of Punishment

The Eighth Amendment and Its Future in a New Age of Punishment

Author: Meghan J. (Southern Methodist University, Texas) Ryan Format: Hardback Release Date: 30/06/2020

This book provides a theoretical and practical exploration of the constitutional bar against cruel and unusual punishments, excessive bail, and excessive fines. It explores the history of this prohibition, the current legal doctrine, and future applications of the Eighth Amendment. With contributions from the leading academics and experts on the Eighth Amendment and the wide range of punishments and criminal justice actors it touches, this volume addresses constitutional theory, legal history, federalism, constitutional values, the applicable legal doctrine, punishment theory, prison conditions, bail, fines, the death penalty, juvenile life without parole, execution methods, prosecutorial misconduct, race discrimination, and law & science.

EU law in the UK

EU law in the UK

Author: Sylvia (Senior Lecturer in Law, Senior Lecturer in Law, Newcastle University) de Mars Format: Paperback / softback Release Date: 29/06/2020

The first new textbook to publish since Brexit, EU Law in the UK tackles EU law with a post-Brexit perspective interwoven throughout. It takes a uniquely contextual approach designed to enliven the learning experience, support understanding, and help students appreciate the relevance and impact of EU law. Written in a concise and accessible style, and supported by lively academic analysis, the author carefully guides students through key complexities, issues, and debates. EU Law in the UK not only supports students to understand the core elements of EU institutional and substantive law, but also to critically examine the implications on UK law of the UK's decision to leave the EU. The book's unique contextual approach offers a highly practical and engaging way to learn about EU law. The context is set at the start of each chapter by way of scenarios including real quotes from politicians, parliamentary reports, and fictional situations. Throughout the chapters, students are then invited to apply legal principles to these scenarios. This approach serves to reinforce and enliven students' learning.

Law 3.0 Rules, Regulation and Technology

Law 3.0 Rules, Regulation and Technology

Author: Roger Brownsword Format: Hardback Release Date: 26/06/2020

Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape. Technology not only disrupts the traditional idea of what it is 'to think like a lawyer' - as per Law 1.0 - it presents major challenges to regulators - reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules - introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have; and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0 but, from 2020, Law 3.0 is the conversation that we all need to join. And as this book demonstrates, law and the evolution of legal reasoning cannot be adequately understood unless we grasp how significant technology is in shaping both legal doctrine and our regulatory thinking. This is a book for those studying, or about to study, law - as well as others with interests in the legal, political and social impact of technology.

Law 3.0 Rules, Regulation and Technology

Law 3.0 Rules, Regulation and Technology

Author: Roger Brownsword Format: Paperback / softback Release Date: 26/06/2020

Putting technology front and centre in our thinking about law, this book introduces Law 3.0: the future of the legal landscape. Technology not only disrupts the traditional idea of what it is 'to think like a lawyer' - as per Law 1.0 - it presents major challenges to regulators - reasoning in a Law 2.0 mode. As this book demonstrates, the latest developments in technology offer regulators the possibility of employing a technical fix rather than just relying on rules - introducing Law 3.0. Law 3.0 represents, so to speak, the state we are in and the conversation that we now need to have; and this book identifies some of the key points for discussion in that conversation. Thinking like a lawyer might continue to be associated with Law 1.0 but, from 2020, Law 3.0 is the conversation that we all need to join. And as this book demonstrates, law and the evolution of legal reasoning cannot be adequately understood unless we grasp how significant technology is in shaping both legal doctrine and our regulatory thinking. This is a book for those studying, or about to study, law - as well as others with interests in the legal, political and social impact of technology.