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Wilmot-Smith on Construction Contracts
The fourth edition of Wilmot Smith on Construction Contracts continues to take a clear and practical approach to the law and practice relating to construction contracts in the UK. It provides comprehensive coverage of the substantive law and modern dispute resolution procedures in the field of construction and gives clear guidance when seeking difficult answers. Paul Darling Q.C. has joined Richard Wilmot-Smith Q.C. as co-editor. Together they have updated, refined and extended the work's coverage. The author team includes new and high-profile practitioners in the field of international arbitration (including Peter Rees Q.C. and David Bateson) and ADR (with Edwin Glasgow Q.C. joining Marion Smith Q.C. in re-casting the chapter on mediation). David Sawtell has considerably re-cast the chapter on adjudication. The law on extra contractual claims (unjust enrichment) has been substantively revised and updated by a leading expert on unjust enrichment. The work provides key practical tips including: where and when you issue proceedings; what the judges will expect and their preferences; and how trials can be made shorter. A separate section analyses enforcement of adjudicators' awards, covering recent case law on this area. This is carefully examined and digested in detail to ensure the reader has an understanding of the pitfalls of enforcement. Richard Wilmot-Smith QC and Paul Darling QC ensure that the work continues to provide an essential source of reference on this area of the law. Their practical approach and reliance on clear exposition is prevalent throughout this book, and it is allied with deep scholarship to secure its position as a definitive work on construction law.
Wirtschafts- und Unternehmensethik
Dieser Band fasst zentrale und wegweisende Texte zu allen wichtigen Fragen der Wirtschafts- und Unternehmensethik zusammen. Sie werden von führenden Experten aus dem deutschsprachigen und internationalen Bereich bereitgestellt. Die Zeitschrift für Wirtschafts- und Unternehmensethik wurde im Jahre 2000 gegründet. Zum 20-jährigen Jubiläum haben die Herausgeber die ersten 15 Jahrgänge der Zeitschrift für Wirtschafts- und Unternehmensethik anthologisiert und stellen sie kompakt in diesem Band der interessierten Lesergemeinschaft zur Verfügung. Viele der Beiträge waren wegweisende Markierungen, die auch im aktuellen Diskurs noch eine hohe Bedeutung haben.
Witchcraft in Russia and Ukraine, 1000–1900: A Sourcebook (NIU Series in Slavic, East European, and Eurasian Studies)
This sourcebook provides the first systematic overview of witchcraft laws and trials in Russia and Ukraine from medieval times to the late nineteenth century. Witchcraft in Russia and Ukraine, 1000–1900 weaves scholarly commentary with never-before-published primary source materials translated from Polish, Russian, and Ukrainian. These sources include the earliest references to witchcraft and sorcery, secular and religious laws regarding witchcraft and possession, full trial transcripts, and a wealth of magical spells. The documents present a rich panorama of daily life and reveal the extraordinary power of magical words.Editors Valerie A. Kivelson and Christine D. Worobec present new analyses of the workings and evolution of legal systems, the interplay and tensions between church and state, and the prosaic concerns of the women and men involved in witchcraft proceedings. The extended documentary commentaries also explore the shifting boundaries and fraught political relations between Russia and Ukraine.
With Liberty and Justice for All?: The Constitution in the Classroom
A valuable resource for students, teachers, and citizens looking to better understand US Constitutional history With Liberty and Justice for All?: The Constitution in the Classroom is designed to help teachers and students generate analysis and debate in our nation's classrooms about an aspect of US history that has produced intense disagreements about rights and wrongs: constitutional history. For more than two centuries, Americans have argued about what the US Constitution permits or requires (or not), and what values and ideals it enshrines (or not)--indeed, who is to be included (or not) in the very definition of "We the People." This book provides abundant resources to explore key moments of debate about the Constitution and its meaning, focusing on fundamental questions of citizenship and rights. It analyzes American history through the use and misuse of the Constitution over time, from early disputes about liberty and slavery to more recent quarrels over equality and dignity. With a foreword by Ruth Bader Ginsburg, this book's succinct and probing essays by prize-winning historians--including Linda Greenhouse, Mary Sarah Bilder, Annette Gordon-Reed, Eric Foner, Sam Erman, Julie Suk, Laura Kalman, and Melissa Murray--provide the core of the book. Their topics encompass woman suffrage, school desegregation, Japanese internment, McCarthyism, all dramatic turning points in American history. Carefully selected and annotated primary sources and focused discussion questions provide teachers with the tools to bring constitutional history into the classroom with ease. As this book amply demonstrates, United States history is constitutional history. A companion website provides additional resources for teachers.
Without Trimmings: The Legal, Moral, and Political Philosophy of Matthew Kramer
Professor Matthew Kramer is one of the most important legal philosophers of our time - even if the label 'legal philosopher' does not do justice to the breadth of his work. This collection of essays brings together esteemed philosophers, as well as junior scholars, to critically assess Kramer's philosophy. The contributions focus on Kramer's work on legal philosophy, metaethics, normative ethics, and political philosophy. The volume is divided into six parts, each focusing on different aspect of Kramer's work. The first part, Rights and Right-holding, contains five essays addressing Kramer's work on rights and right-holding, including the Hohfeldian analysis and the interest theory of right-holding. The four essays in the second part, General Jurisprudence, focus on Kramer's work in general jurisprudence, from the compatibility of legal positivism with universal legal error, to his robust defense of inclusive legal positivism, concluding with reflections on his writings on the rule of law. The third part, General Matters of Ethics, contains two essays addressing Kramer's metaethical work on moral realism as a moral doctrine. The fourth and fifth parts, Freedom and Liberalism, have four essays falling within political philosophy, probing Kramer's work on negative freedom and political liberalism, respectively. The sixth part, Applied Ethics, contains two essays on Kramer's work on capital punishment and freedom of expression. The collection is rounded off by reflections on, and replies to, the contributions by Kramer himself.
Witness Testimony in Sexual Cases: Evidential, Investigative and Scientific Perspectives
Sexual cases are inherently complex and sometimes controversial presenting the practitioner with a multitude of procedural and legal challenges. The increasing number of sexual cases, often historic, places significant demands upon the criminal justice system. Sexual crime is recognised as a specialist area which demands unique skills from the practitioner and handling witness testimony in these cases calls for skills and knowledge that encompass both law and science. Witness Testimony in Sexual Cases focuses on legal and scientific considerations that arise when obtaining and evaluating sexual complaint testimony. It provides comprehensive and balanced coverage of this difficult and challenging topic across the complete spectrum of involvement in the legal process. This book equips legal professionals with an understanding of current legal and scientific issues when investigating, evaluating and testing witness testimony in sexual cases. Using a didactic approach the book combines an exposition on the law and procedure with a range of specialist perspectives on cognitive processes pertaining to vulnerable and non-vulnerable witnesses. The book identifies psychiatric and psychological factors that may enhance or impair the quality of witness testimony for instance where a witness suffers from mental health problems or where long-term memory recall is involved. The book provides practitioners with an understanding of factors which tend to undermine the reliability of witness testimony, but also focuses on those factors which may enhance witness quality. Witness Testimony in Sexual Cases draws together learning not readily available and encourages an integral and rigorous approach to the analysis of witness testimony in the special context of sexual cases.
Women and Immigration Law: New Variations on Classical Feminist Themes
This book examines immigration law from a gender perspective. It shows how immigration law situates gender conflicts outside the national order, projecting them onto non-western countries, exotic cultures, clandestine labour and criminal organizations. In doing so, immigration law sustains the illusion that gender conflicts have moved beyond the pale of European experience. In fact, the classical feminist themes of patriarchy, the gendered division of labour and sexual violence are still being played out at the heart of Europe's societies, involving both citizens and migrants. This collection of essays demonstrates how the seemingly marginal perspective of immigration law highlights Europe's unresolved gender conflicts and how a gender perspective can help us to rethink immigration law.
Women Criminals [2 volumes]: An Encyclopedia of People and Issues [2 volumes]
A unique, two-volume study that examines female crime and the women who commit it.The two-volume Women Criminals: An Encyclopedia of People and Issues addresses both key topics and key figures in women's crime. The first volume provides topical essays about areas critical to the understanding of female criminals, such as the definition of women's crime, explanations of women's criminality, ethnic and age diversity in female criminals, and responses of the criminal justice system. The second volume comprises biographical entries profiling women who are obviously criminals, such as Aileen Wuornos and Myra Hindley, and also women who were victims of circumstance, unjust laws, or narrowly applied definitions of crime, such as Rosa Parks, Harriet Tubman, and Sophie Scholl.In addition to highlighting the breadth of women's criminality, these portraits provide a holistic, multifaceted understanding of the dynamics of women's crime and why it occurs, connecting the individual stories to the larger social-scientific perspectives. Care has been taken to include the women's own voices and perspectives where possible and to address the intentions and reasoning of the system that responded to their criminality.
Women, Gender, and Constitutionalism in Latin America
This book discusses to what extent and how constitutional design and practice in Latin America have helped in combatting the subordination of women and LGBTQIA+ people. Covering 11 jurisdictions, the chapters identify the main elements of the constitutional gender order and survey jurisprudential and legislative developments in different areas, incorporating contextual analysis and references to history, political dynamics, social movements, feminist struggles, normative efficacy, and policy.In the context of a constitutionalism that has been celebrated as particularly innovative and socially engaged, the book assesses constitutional performance in the quest to supersede the separate gendered spheres tradition and the subordination of women and sexual minorities to heteronormative hegemony. It fills an important gap in the field of gender and constitutionalism, which has paid very little attention to Latin America compared to the Anglo-American legal world and continental Europe. It identifies regional trends, but also variables which account for the diversity of approaches in various jurisdictions.The book provides much-needed insight into matters that are relevant for legal and socio-legal scholars, an ever-growing number of social actors and movements, and all those interested in comparative constitutionalism and in the intersections between law and gender.
Women, Their Lives, and the Law: Essays in Honour of Rosemary Auchmuty
This collection of essays honours Rosemary Auchmuty, Professor of Law at the University of Reading, UK. She has fostered the study of women's academic careers and, more politically, advanced progress on gender and equality issues including same-sex marriage and property law. Her research promotes the case of feminist legal history as a way of revealing the place of women and challenging dominant historical narratives that cast them aside. Just as Rosemary's work does, the book seeks to end the marginalisation and exclusion of women in the legal world, by including them. The book begins fittingly with a discussion of Miss Bebb, the woman whose biography Auchmuty deployed to push feminist legal history into the mainstream. It turns then to a discussion of women known and unknown and their struggles within the legal profession offering within those chapters a critical appraisal of the role of history and biography as a methodology. From there it moves to consider feminist perspectives and critiques of the dominant structures of private law. This is followed by chapters that explore those who educate the legal profession within the academy. The chapters, and the collection as a whole, examine areas of law that have a deep significance for women's lives.
Women Who Kill, Criminal Law and Domestic Abuse
This book presents an informed, coherent and stimulating analysis of UK legal defences of homicide by victims of domestic abuse. Women killing following domestic abuse from a male partner is a significant category of homicide. In some areas of the UK it represents the most common context in which women kill. Yet, despite its significance, it is an aspect of homicide that remains under-researched within a UK context. Much of what is known about cases of this type comes from other jurisdictions. This book brings together a coherent understanding of the UK landscape in this area. It builds upon existing literature, particularly from the US, which has examined this issue from a practical perspective, using the lived experiences of practitioners involved in cases of this type. The collection combines the experiences of those in practice with academic expertise, pointing to potential sites of injustice that exist in this context and offering suggestions for reform. The volume will be a valuable guide for those involved in cases of this nature whilst also offering insight to those academics with an interest in homicide and legal responses to domestic abuse. The book will also be of interest to those working in the area of comparative criminal justice.
Women’s Birthing Bodies and the Law: Unauthorised Intimate Examinations, Power and Vulnerability
This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women's experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies. The book raises questions about women's experiences during childbirth in hospital settings. It explores the status of women's bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women's loss of power under the medical gaze. Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.
Work and Employment Relations in Southern Europe: The Impact of De-regulation, Organizational Change and Social Fragmentation on Worker Representation and Action (Southern European Societies series)
Positioning industrial relations in a discussion that is sensitive to broader political, historical, and ideological tensions, this insightful book offers reflections on the politics of de-regulation that have developed in southern European work and employment relations over the past 20 years.Interwoven with case studies from Greece, Italy, Portugal, and Spain, the book reviews critical debates and issues related to de-regulation in employment relations and neoliberalism in southern Europe. Taking stock of major changes and crises affecting these national contexts over time, from austerity politics to the COVID-19 pandemic, chapters investigate how new voices, actors, and social movements are beginning to emerge and engage with the politics of work. The book ultimately posits that debates on production and work need to pay closer attention to changes in patterns of consumption and the changing nature of worker voice, and highlights how these changes are being used to undermine collective and social rights.Surveying political shifts in collective worker voice and representation over time, the book will benefit students and scholars of industrial relations, labour studies, the sociology of work, and employment politics. Its evaluation of the impact of de-regulation strategies imposed across southern Europe will prove invaluable to practitioners and policymakers involved in public employment and industrial relations.
Working as Equals: Relational Egalitarianism and the Workplace
Are hierarchical arrangements in the workplace, including the employer-employee relationship, consistent with the ideal of relating to one another as moral equals? With this question at its core, this volume of essays by leading moral and political philosophers explores ideas about justice in the workplace, contributing to both political philosophy and business ethics. Relational egalitarians propose that the ideal of equality is primarily an ideal of social relationships and view the equality of social relationships as having priority over the distributive arrangements. Yet contemporary workplaces are characterized by hierarchical employer-employee relationships. The essays push discussions of the relational egalitarian tradition in new directions, helping to show its promise and its limits. They address pressing concerns at a time of widening inequality and rapid changes in the nature of work. The contributors explore two overarching topics. First, they consider whether the relational ideal of equality really applies to the workplace. In doing so, they explore the scope of the relational egalitarian approach and its promise for extending political philosophy beyond the institutions of the state. Second, they consider what workplace relations and workplace actors would have to be like in order to fulfill the relational egalitarian ideal. In examining these two issues, the contributors both flesh out the relational egalitarian ideal and add to our understanding of the ethical norms of the workplace. The book is an invaluable resource for those studying political philosophy and ethics, particularly relational egalitarianism. Additionally, lawyers interested in the foundations of labor law and antidiscrimination law will find it highly informative.
The World of Maritime and Commercial Law: Essays in Honour of Francis Rose
This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law.For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies).In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.
The World Politics of Social Investment: Welfare States in the Knowledge Economy (International Policy Exchange)
Welfare states around the globe are changing, challenged by the development of knowledge economies. In many countries, policy-makers' main response has been to modernize welfare states by focusing on future-oriented social investment policies that focus on creating, mobilizing, and preserving human skills and capabilities. Yet, there is massive variance in the development of social investment strategies. The World Politics of Social Investment: Welfare States in the 21st Century is the first of two volumes of the World Politics of Social Investment (WOPSI) project, which systematically maps and explains different welfare reform strategies in democratic countries around the world. This volume develops a theory on the political and socio-economic conditions for the development of social investment policies around the globe, and studies the impact of the main explanatory factors on the empirical variety of social investment reforms (and non-social investment reforms). It also proposes a new typology of different welfare reform strategies, distinguishing nine types of social investment strategies depending on their functions (creating, mobilizing and preserving human skill and capabilities) and their distributive profiles (inclusive, stratified or targeted), and three types of non-social investment welfare strategies (market liberalism, social protectionism and basic income). The chapters of this volume are written by leading social policy scholars from different disciplines and countries, who apply the WOPSI global theoretical framework in a range of contexts and policy fields, shedding light on the scope conditions of social investment, as well as political demand- and supply-side drivers of social investment reforms. This volume on its own or in conjunction with the second volume is an invaluable resource on the state of modern welfare and social investment policies from around the globe.
World Review: Environmental and Sustainability Education in the Context of the Sustainable Development Goals
The global landscape of education has been reshaped by the COVID-19 pandemic, revealing the various challenges faced by countries worldwide. This book provides a comprehensive exploration of Environmental and Sustainability Education (ESE) across different countries, offering unique insights into their histories, challenges, achievements, and future ESE needs. From Africa to Oceania, the book delves into the vital role of ESE in the context of the UN Sustainable Development Goals. It highlights the diverse national discourses and the flexibility required to deliver effective global education programs. ESE practitioners, researchers, and policymakers worldwide will find inspiration and invaluable perspectives in this book.
Yearbook Commercial Arbitration, Volume XLVII (Yearbook Commercial Arbitration Series #47)
The Yearbook Commercial Arbitration continues its longstanding commitment to serving as a primary resource for the international arbitration community, with reports on arbitral awards and court decisions applying the leading arbitration conventions and decisions of general interest to the practice of international arbitration as well as announcements of arbitration legislation and rules. Volume XLVII (2022) includes: excerpts of arbitral awards made under the auspices of the International Chamber of Commerce (ICC) and the Stockholm Chamber of Commerce (SCC); notes on new and amended arbitration rules, including references to their online publication; notes on recent developments in arbitration law and practice in Bahrain, British Virgin Islands, Canada, PR China, Egypt, Greece, India, Italy, Czech Republic, Malta, Portugal, Sierra Leone, Singapore, Turkmenistan, and Ukraine; excerpts of 82 decisions applying the 1958 New York Convention from 30 countries - including, for the first time, cases from El Salvador - all indexed by subject matter and linked to the commentaries on the New York Convention published in the yearbook, authored by formal General Editor and leading expert Prof. Dr. Albert Jan van den Berg; excerpts from one decision applying the 1965 Washington (ICSID) Convention and one decision applying the 1975 Panama (Inter-American) Convention, as well as a selection of thirteen court decisions of general interest; an extensive Bibliography of recent books and journals on arbitration. The Yearbook is edited by the International Council for Commercial Arbitration (ICCA), the world's leading organization representing practitioners and academics in the field, under the general editorship of Prof. Dr. Stephan W. Schill and with the assistance of the Permanent Court of Arbitration, The Hague. It is an essential tool for lawyers, business people and scholars involved in the practice and study of international arbitration.
Yearbook of International Humanitarian Law:Vol. 1:1998 (Yearbook of International Humanitarian Law #1)
To publish and produce the first comprehensive and really international Yearbook on international humanitarian law! That idea and challenge emerged during the aftermath of the Geneva War Victims Conference in 1993 at the Legal Depart ment of the Netherlands Ministry for Foreign Affairs. It would take another five years, numerous discussions with experts in the Netherlands and abroad, and the expertise and knowledge of the staff of the T. M. C. Asser Instituut, before the first volume could be presented. A major inducement for the publication and the preparatory work was also the research which was undertaken at our Institute by young, dedicated scholars in the field of humanitarian law, including state practice, the frequent contacts with Professor Dr. Horst Fischer and his 'Institute for International Humanitarian Law' at the University of Bochum and the cooperation in the publication of the Bofax Newsletter. It was Alan Stephens of Kluwer Law International who came up with most useful comments and sugges tions concerning the focus and structure of the new Yearbook Gradually, the 'idea' turned into a reality and all ingredients for the official project launch were present when the search for a competent and enthusiastic managing editor was successful: Avril McDonald, with research experience and having been employed at the Yugoslav Tribunal, turned out to be the right person at the right place at the right time.
Yearbook on International Investment Law & Policy 2017 (Yearbook on International Investment Law and Policy)
The Yearbook on International Investment Law & Policy is an annual publication which provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.
Yearbook on International Investment Law & Policy 2019 (Yearbook on International Investment Law and Policy)
The Yearbook on International Investment Law & Policy is an annual publication which provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.
Yearbook on International Investment Law & Policy 2020 (Yearbook on International Investment Law and Policy)
The Yearbook on International Investment Law & Policy is an annual publication that provides a comprehensive overview of current developments in the international investment law and policy field, focusing on recent trends and issues in foreign direct investment (FDI), investment treaty practice, and investor-state arbitration. The 2020 edition includes policy, thematic and regional developments from 2020 in investment law and policy, including the impacts of the COVID-19 pandemic on investment flows and governance. The chapters also raise questions relevant to the governance of investment in the context of existing and future global socio-economic and environmental crises. Edited by an Editorial Committee and overseen by an Advisory Board of esteemed global experts in the field of international investment law, the Yearbook is an essential tool for practitioners and academics looking for a resource of timely and authoritative information in this field.