ISBN: 0199253951 Binding: Paperback Edition: Author(s): N/A Publisher: Oxford University Press, USA Number of Pages: 608
This new handbook is an authoritative account of the criminal justice system in England and Wales that engages with the central issues common to any major criminal justice system Compiling the thoughts and opinions of leading figures in this field of law this volume provides comprehensive coverage of all the key areas of the system presenting a sequential account from investigation through to final appeal
Enlargement of the European Union (Kluwer European Law Collection)
ISBN: 9041124632 Binding: Paperback Edition: Author(s): Alan F. Tatham Publisher: Wolters Kluwer Law & Business Number of Pages: 592
The development of EU enlargement has raised many thorny issues unanticipated by the framers of the EC Treaty A significant upshot of these issues is that the concept of European identity defined in terms of such factors as culture history and economics has supplanted the long-dominant theme of widening and deepening particularly since the Unions expansion has become primarily eastward The major contribution of this important book lies in its analysis of the conceptualization and perception of enlargement from various points of view focusing on the concerns of stakeholders and the identity conflicts and uncertainties incurred by enlargement initiatives In the course of its presentation it details the actual pre-accession Europeanization process and its complex history Among the key elements discussed are the following:
the conflict between widening and deepening and the effect on EU institutional reform;
institutional requirements on candidate countries;
pre-accession criteria and negotiations;
administrative capacity judicial capacity and legal approximation in accession states;
capacity of the EU to absorb new Member States; and
EC law as part of European identity
Also covered are specific historical details of particular pre-accession negotiations (eg Greece Spain Portugal Malta and Cyprus) the still inconclusive negotiations with Turkey and the Western Balkan states and political factors involved in the non-accession of Norway Iceland and Switzerland Assembling powerful evidence and applying incisive analysis the authors conclusion shows that absent further (and major) EU institutional reform it will be difficult for an enlarging Union to continue to deliver the goods A watershed in the continuing great debate on the fulfilment of the EC Treatys determination to foster and promote an ever closer union of the peoples of Europe this book will prove invaluable to anybody interested in the European integration project particularly lawyers academics officials and policymakers in the EU Member States
The Measure of International Law; Effectiveness, Fairness and Validity (Proceedings of the Annual Conference of the Canadian Council on International Law)
ISBN: 9041122346 Binding: Hardcover Edition: 1 Author(s): Canadian Counsel on International Law Publisher: Kluwer Law International Number of Pages: 440
The Canadian Council on International law was founded in 1972 by a group of Canada's leading and most distinguished scholars and practitioners in international law The Council supports the development and exchange of ideas amongst a community of persons interested in international law with particular focus on the Canadian perspective on international matters To this end one of the major activities of the Council is to hold an annual conference
This years conference proceedings comprise a collection of essays written by leading academics and practitioners on the theme of the effectiveness of international law A wide range of subject areas are addressed including international trade law intervention private international law international human rights law compliance methodology women and international law international criminal law international environmental law and terrorism
This work will be of value to international lawyers in both the public and private sphere legal scholars and those interested in international relations
Judiciaries within Europe: A Comparative Review (Cambridge Studies in International and Comparative Law)
ISBN: 0521172853 Binding: Paperback Edition: Reissue Author(s): John Bell Publisher: Cambridge University Press Number of Pages: 418
An in-depth study originally published in 2006 of the careers and roles of judges in France Germany Spain Sweden and England this book is based on original language materials and investigations of judges and judicial institutions in each country On the basis of these detailed case studies the book suggests factors that shape the character of the judiciary in different countries focusing on issues such as women's careers and the relationship between judicial careers and politics Bell's investigations offer lessons on issues which the English judiciary was having to confront in the period of reform at the time of this book's publication
Charter of Social Rights of the Council of Europe (Studies in Employment and Social Policy)
ISBN: 9041126082 Binding: Hardcover Edition: Author(s): Andrzej Marian Swiatkowski Publisher: Kluwer Law International Number of Pages: 414
The legal term social rights refers to the specific human rights addressed by labour law and social security law On the European continent these rights are protected not only by domestic law but also by the European Social Charter of the Council of Europe of 1961 its three additional protocols (1988 1991 and 1995) and the Revised European Social Charter of 1996 These instruments comprise a fundamental international treaty which not only specifies the relevant rights but also includes an array of supervisory mechanisms to monitor compliance a regulatory role undertaken by the European Committee of Social Rights This important book offers an in-depth analysis of the substantive and procedural issues of protecting social rights in Europe under the Social Charter Analysing the standards promulgated by the Committee and drawing on the extensive legal literature on the subject the author focuses on the administrative aspects of all the social protections afforded by the Charter including the following:
workers right to freedom of association;
right of workers representatives to protection;
due process in termination of employment;
protection of employed women on maternity;
social integration of disabled persons;
right of migrant workers to protection and assistance; and
right to housing
Practitioners specialising in labour and employment law or social security law students of comparative labour and social security law and specialists in international social policies will greatly appreciate the rigor of the analysis as well as the insights offered in this remarkable book
Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs
ISBN: 0199219036 Binding: Hardcover Edition: Author(s): N/A Publisher: Oxford University Press, USA Number of Pages: 700
This volume commemorates the career of Sir Francis Jacobs KCMG QC who served as British Advocate General at the European Court of Justice in Luxembourg from October 1988 until January 2006
The essays in the volume examine the key developments in EU law over the period that Sir Francis served as Advocate General one that saw momentous changes in the character of the Union and its legal order It encompassed the completion of the single market; and the enlargement of the Union to 15 Member States in 1995 and 25 Member States in 2004 The period also witnessed a profound change in the nature of much academic scholarship on the law of the Union
At the same time the ECJ continues to grapple with issues which preoccupied it in the 1980s and earlier such as the relationship between Union law and national law the circumstances in which individuals should be permitted to seek the annulment of measures adopted by the Union's institutions and the scope of the Treaty rules on freedom of movement The essays in the volume look at the persistent difficulties that have faced the unique legal system during the period of change
The volume is divided into five sections dealing respectively with: general issues and institutional questions; fundamental rights; substantive law; external relations; and national perspectives The contributors are distinguished figures drawn from a variety of constituencies including the national and European judiciaries legal practice and the academic world
Defense Strategies for Drug Crimes: Leading Lawyers on Adapting to Recent Trends, Working with Law Enforcement, and Preparing a Solid Defense (Inside the Minds)
ISBN: 0314270930 Binding: Paperback Edition: Author(s): Multiple Authors Publisher: Thomson West, Aspatore Books Number of Pages: 256
Defense Strategies for Drug Crimes provides an authoritative insider's perspective on best practices for defending and winning drug crime cases Featuring experienced criminal defense attorneys from across the country this book guides the reader through the current drug crime environment and analyzes the latest trends significant case law and how society's changing perception of drugs impacts courtroom events These top lawyers give tips on mounting an effective defense with advice on gathering facts examining witnesses selecting juries preparing for trial and assessing the strengths and weaknesses of a case From building trust and addressing client concerns to dealing with addiction issues and weighing the client s options these authors also reveal how to work successfully with a client accused of a drug crime Additionally these leaders discuss potential changes to drug crime legislation the impact of the economy on drug cases and how to avoid common defense mistakes The different niches represented and the breadth of perspectives presented enable readers to get inside some of the great legal minds of today as these experienced lawyers offer up their thoughts on the keys to success within this dynamic field Inside the Minds provides readers with proven business intelligence from C-Level executives and lawyers (Chairman CEO CFO CMO Partner) from the world's most respected companies and firms nationwide Each chapter is comparable to an essaythought leadership piece and is a future-oriented look at where an industry profession or topic is heading and the most important issues for the future Each author has been selected based upon their experience and C-level standing within the professional community Chapters Include: 1 James W Parkman III Senior Partner Parkman Adams & White LLC - "Advice for Successfully Defending Drug Crime Cases" 2 Leslie Prince Partner The Law Offices of Russo & Prince - "Working Effectively on Drug Crime Cases" 3 Lana M Manitta Partner Rich Rosenthal Brincefield Manitta Dzubin & Kroeger LLP - "Tips and Techniques for Developing a Drug Crime Defense" 4 Kenneth Harmell Partner Stewart Beall MacNichols & Harmell Inc PS - "Modern Drug Crimes: Unique Strategies for a Changing Environment" 5 Julius Kim Managing Partner Kim & LaVoy SC - "A Practical Guide to Handling Drug Crime Cases" 6 Lester A Pines Partner Cullen Weston Pines & Bach LLP - "Proven Defense Tactics for State and Federal Drug Cases" 7 Kevin B Ross Partner Sorrels Udashen & Anton - "Defense Techniques for Federal Drug Cases" 8 Kurt P Kerns Founding Partner Ariagno Kerns Mank & White LLC - "Drug Jury Trial Mechanics" 9 Howard W Bailey Partner Bailey & Orozco LLC - "Best Practices for Defending Drug Cases" Appendices Include: Appendix A: Motion to Dismiss for Lack of Evidence Appendix B: Notice of Motion and Motion to Quash Search Warrant Affidavit Appendix C: Notice of Motion and Motion to Unseal Search Warrant Affidavit Appendix D: Revised Code of Washington 994A518 Appendix E: Sample Sentencing Memorandum Appendix F: Motion for Disclosure of Informant Appendix G: Sentencing Memorandum from United States v Tracy Harrism Appendix H: The Fair Sentencing Act of 2010 Appendix I: Joint Defense Memorandum and Agreement Appendix J: Expert Witness Voir Dire
The Future of Post-Human Law: A Preface to a New Theory of Necessity, Contingency and Justice
ISBN: 1443819492 Binding: Hardcover Edition: New edition Author(s): Peter Baofu Publisher: Cambridge Scholars Publishing Number of Pages: 474
What makes the rule of law so special that it is to conscientiously punish the bad doers and reward the good ones such that where there is the rule of law peace and order are to be expected so that the rule of law is better than the rule of any individual Take the case of international law as an illustration While different international courts have been busy going after the killers of innocent victims in Rwanda and Liberia they have turned a blind eye to the major powers which have killed on a much larger and more brutal scale by comparison innocent civilians in Iraq and Afghanistan just to cite two current examples Contrary to the conventional wisdom conveniently held by many in human history the rule of law has its other side which has not yet been systematically understood such that the rule of law is neither possible nor desirable to the extent that the defenders of legal institutions in human history would like us to believe Lest any misunderstanding hastily occur this is not to imply that the rule of law is absolutely useless or that the literature in jurisprudence (and other related fields like political philosophy ethics law and economics and the sociology of law) should be dismissed because of its scholarly irrelevance Of course neither of these two extreme views is reasonable either Instead this book provides an alternative (better) way to understand the nature of law in relation to its necessity and contingency in the context of justice while learning from different approaches in the literature but without favoring any one of them (nor integrating them since they are not necessarily compatible with each other) In the process this book offers a new theory to transcend the existing approaches in the literature in a new direction in that in the end there is no justice without injustice and that it will be transcended too This seminal project if successful will fundamentally change the way that we think about the nature of law from the combined perspectives of the mind nature society and culture with enormous implications for the human future and what I originally called its post-human fate
The Prospects of International Trade Regulation: From Fragmentation to Coherence
ISBN: 110700487X Binding: Hardcover Edition: 1 Author(s): N/A Publisher: Cambridge University Press Number of Pages: 536
For a long time the GATT led a life of its own as a self-contained regime The evolution from tariff to non-tariff barriers brought about increasing overlaps with other regulatory areas WTO rules increasingly interface with other areas of law and policy including environmental protection agricultural policies labour standards investment human rights and regional integration Against this backdrop this book examines fragmentation in international trade regulation across a wide array of regulatory fields To this end it uses a conceptually coherent theoretical framework which is based on the effort to bring about greater coherence among different policy goals and fields and thus to embed the multilateral trading system within the broader framework of international economics law and relations It will appeal to those interested in a forward-looking discussion of the most pressing issues of the international trade agenda
International Trade in Services and Domestic Regulations: Necessity, Transparency and Regulatory Diversity (International Economic Law Series)
ISBN: 0199533156 Binding: Hardcover Edition: Author(s): Panagiotis Delimatsis Publisher: Oxford University Press, USA Number of Pages: 375
In 2005 the WTO Appellate body ruled that the United States' total prohibition on cross border gambling services was unlawful under the General Agreement on Trade in Services (GATS) The questions raised by the case - whether and how a government could block service provision on moral grounds - went to the heart of key controversies surrounding international economic law How do you reconcile a liberal system of international trade in services with national governments' desire to protect social values through service regulation How much control are the WTO members willing to transfer to the WTO How much regulatory diversity can the traditional trading system withstand
This book provides a comprehensive analysis of the regulation of services under the WTO's GATS Agreement Through a thorough examination of the GATS negotiation history substantive provisions judicial interpretation and ongoing reform process the book presents a clear picture of how the multilateral trading system justifies and tolerates regulatory diversity The book develops a horizontal framework for the assessment of whether a national barrier to trade in services is lawful across all service sectors focusing on the core general principles of necessity and transparency
