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Gifts
Gifts: A Study in Comparative Law is the first broad-based study of the law governing the giving and revocation of gifts ever attempted. Gift-giving is everywhere governed by social and customary norms before it encounters the law and the giving of gifts takes place largely outside of the marketplace. As a result of these two characteristics, the law of gifts provides an optimal lens through which to examine how different legal systems engage with social practice. The law of gifts is well-developed both in the civil and the common laws. Richard Hyland's study provides an excellent view of the ways in which different civil and common law jurisdictions confront common issues. The legal systems...
The Crisis
The Crisis, founded by W.E.B. Du Bois as the official publication of the NAACP, is a journal of civil rights, history, politics, and culture and seeks to educate and challenge its readers about issues that continue to plague African Americans and other communities of color. For nearly 100 years, The Crisis has been the magazine of opinion and thought leaders, decision makers, peacemakers and justice seekers. It has chronicled, informed, educated, entertained and, in many instances, set the economic, political and social agenda for our nation and its multi-ethnic citizens.
The Lawyer's Guide to Writing Well
In this critically acclaimed book, Tom Goldstein and Jethro K. Lieberman demystify legal writing, outline the causes and consequences of poor writing, and prescribe easy-to-apply remedies to improve it. Reflecting changes in law practice over the past decade, this revised edition includes new sections around communicating digitally, getting to the point, and writing persuasively. It also provides an editing checklist, editing exercises with a suggested revision key, usage notes that address common errors, and reference works to further aid your writing. This straightforward guide is an invaluable tool for practicing lawyers and law students.
Law's Premises, Law's Promise
This title was first published in 2000: The author is a legal and moral philosopher who has applied the insight and methods of Wittgenstein to a range of topics in constitutional law, criminal law and theories of justice. This collection offers his most important and influential essays, together with an introductory essay which reviews and develops his contribution to legal and moral philosophy.
A New Introduction to Comparative Law
This thought-provoking introduction to the study of comparative law provides in-depth analyses of all major comparative methodologies and theories and serves as a common sense guide to the study of foreign legal systems. It is written in a lively and accessible style and will prove indispensable reading to students of the subject. It also contains much that will be of interest to comparative law scholars, offering novel insights into commonplace methodological and theoretical questions and making a significant contribution to the field.
The New European Private Law:Vol. 3:Essays on the Future of Private Law in Europe
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
International Trade and Business Law Review: Volume XII
The International Trade and Business Law Review publishes leading articles, comments and case notes, as well as book reviews dealing with international trade and business law, arbitration law, foreign law and comparative law. It provides the legal and business communities with information, knowledge and understanding of recent developments in international trade, business and international commercial arbitration. The Review contributes in a scholarly way to the discussion of these developments while being informative and having practical relevance to business people and lawyers. The Review also devotes a section to the Willem C. Vis International Commercial Arbitration Moot and publishes the...
Justice, Mercy, and Caprice
The book is a work of criminal justice history that speaks to the emergence of a more humane Irish state - a close examination of the decision to grant clemency to those sentenced to death between 1923 and 1990, addressing important issues of law and penology that are of continuing relevance for countries that use capital punishment.
Codifying Contract Law
Exploring the advantages and disadvantages of codifying contract law, this book considers the question from the perspectives of both civil and common law systems, referring in detail to issues of international and consumer law. With contributions from leading international scholars, the chapters present a range of opinions on the virtues of codification, encouraging further debate on this topic. The book commences with a discussion on the internationalization imperative for codification of contract law. It then turns to regional issues, exploring first codification attempts in the European Union and Japan, and then issues relevant to codification in the common law jurisdictions of Australia, New Zealand and the United States. The collection concludes with two chapters which consider the need to draw upon both private and comparative international law perspectives to inform any codification reforms. This book will be of interest to international and comparative contract law academics, as well as regulators and policy-makers.
Contract Interpretation in Investment Treaty Arbitration
Contracts are relevant, frequently central, for a significant number of investment disputes. Yet, the way tribunals ascertain their content remains largely underexplored. How do tribunals interpret contracts in investment treaty arbitration? How should they interpret contracts? Does national law have any role to play? Contract Interpretation in Investment Treaty Arbitration: A Theory of the Incidental Issue addresses these questions. The monograph offers a valuable insight into the practice and theory of contract interpretation in investment treaty arbitration. By proposing a theoretical frame for seamless integration of contract interpretation into the overall structure of decision-making, the book contributes to predictability, coherence, sufficiency and correctness of the tribunals’ interpretative practices in investment treaty arbitration.
