Author: Elena D'Agostino
Release Date: 2014-11-21
This book examines the most controversial issues concerning the use of pre-drafted clauses in fine print, which are usually included in consumer contracts and presented to consumers on a take-it-or-leave-it basis. By applying a multi-disciplinary approach that combines consumer’s psychology and seller’s drafting power in the logic of efficiency and good faith, the book provides a fresh and unconventional analysis of the existing literature, both theoretical and empirical. Moving from the unconscionability doctrine, it criticizes (and in some cases refutes) its main conclusions based on criteria which are usually invoked to sustain the need for public intervention to protect consumers, and specifically related to Law (contract complexity), Psychology (consumer lack of sophistication criterion) and Economics (market structure criterion). It also analyzes the effects of different regulations, such as banning vexatious clauses or mandating disclosure clauses, showing that none of them protect consumers, but in fact prove to be harmful when consumers are more vulnerable, that is whenever sellers can exploit some degree of market power. In closing, the book combines these disparate aspects, arguing that the solution (if any) to the problem of consumer exploitation and market inefficiency associated with the use of contracts of adhesion in these contexts cannot be found in removing or prohibiting hidden clauses, but instead has to take into account the effects of these clauses on the contract as a whole.
Author: Randy E. Barnett
Publisher: Wolters Kluwer Law & Business
Release Date: 2016-12-31
Contracts: Cases and Doctrine, Sixth Edition, features a mix of lightly-edited classic and contemporary cases that stresses current contract doctrine along with the essential lawyering skill of case analysis—how to sift through the facts of the case to discern the prevailing rules and theory. Randy Barnett and Nate Oman’s innovative text introduces each case and provides the historical background of the iconic cases that make the study of contract law engaging. Study Guide questions help students identify salient issues as they read each case. Judicial biographies of each judge provides additional context. Key Features of the New Edition: The 6th Edition has been edited to make it even more modular and therefore easier for professors to select which doctrines to cover. The introductory materials have been shortened to permit a speedier entry to whichever basic doctrine the professor chooses to begin with. A new section on public policy defenses has been added. Recent developments involving arbitration agreements in the wake of the Supreme Court’s AT&T Mobility case are also covered. In addition, roughly a dozen new cases have been substituted, chosen for their interesting facts or their proven pedagogical usefulness. As always, every effort is made to provide students with background materials on the litigation, such as new judicial biographies and excerpts from recently published scholarship dealing with the cases covered. New cases include: Jordan v. Knafel Arnold Porter v. Fuqua Industries Nguyen v. Barnes & Noble Inc. Also, in keeping with the book’s focus on the “classic” cases we have included some iconic cases missing from earlier editions, including: Masterson v. Sine Security Stove & Manfacturing Co. v. American Railway Express Lefkowitz v. Great Minneapolis Surplus Store Lawrence v. Fox Harris v. Watson
Author: James R. Silkenat
Release Date: 2014-05-28
This book explores the development of both the civil law conception of the Legal State and the common law conception of the Rule of Law. It examines the philosophical and historical background of both concepts, as well as the problem of the interrelation between the two doctrines. The book brings together twenty-five leading scholars from around the world and provides both general and specific jurisdictional perspectives of the issue in both contemporary and historical settings. The Rule of Law is a legal doctrine the meaning of which can only be fully appreciated in the context of both the common law and the European civil law tradition of the Legal State (Rechtsstaat). The Rule of Law and the Legal State are fundamental safeguards of human dignity and of the legitimacy of the state and the authority of state prescriptions.
Author: Laura Pineschi
Release Date: 2015-06-22
This book examines the role played by domestic and international judges in the “flexibilization” of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin’s theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.
Author: Hans Petter Graver
Release Date: 2014-09-11
This book explores concrete situations in which judges are faced with a legislature and an executive that consciously and systematically discard the ideals of the rule of law. It revolves around three basic questions: What happen when states become oppressive and the judiciary contributes to the oppression? How can we, from a legal point of view, evaluate the actions of judges who contribute to oppression? And, thirdly, how can we understand their participation from a moral point of view and support their inclination to resist?
The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.
Author: Marco Casagrande
Release Date: 2017-08-12
This is the first book to offer a comprehensive overview of modern seaports from a legal perspective. Further, it provides a basic toolkit for establishing a legal doctrine of seaports, the instruments of said toolkit being the very few legal norms specifically targeting seaports, which are examined as such rather than through the lens of other, more established disciplines, such as the law of the sea or transportation law. It is a first, necessary step toward giving seaports the status they rightfully deserve in legal studies. Despite centuries of international law studies and decades of EU law evolution, seaports have remained stuck in limbo. From a law of the sea perspective, seaports belong to the land, an approach that is often clearly reflected in national maritime legislation. The other branches of international law do not focus on seaports, since they are considered to belong to the sea. The port communities, for their part, have availed themselves of the “port specificity” concept. In recent decades, containerization has transformed ports into key hubs of the globalized economy, but also into vital checkpoints of the War on Terror, due to the security risks posed by the millions of sealed containers circulating worldwide. Moreover, tragic maritime incidents have shown that seaports are the only reliable sentinels of the seas, being the only places where the systematic inspection of ships is feasible. This has led to the adoption of specific international and EU rules. Those rules, however, remain fragmented, highly specialized and technical; as such, they are unsuitable for creating an organic legal seaport regime: this objective can only be achieved with a significant contribution from legal doctrine.
Author: Elina Moustaira
Release Date: 2015-02-13
This book is a comparative legal study of the private and public art collections in various states of the world, covering the most important issues that usually arise and focusing on the differences and the similarities of the national laws in the treatment of those issues.
Author: Tafsir Johansson
Release Date: 2014-11-21
This book examines the corpus of status quo environmental legal regime, geographical issues and redundant “stakeholder claims,” which persist in the Arctic. It examines multifarious theories relating not only to conflicting and opposing interests, but also to parties to whom the shipping industry should be accountable. The unique aspect of this book is the Corporate Social responsibility analysis pertaining to the Arctic and alternatives that strike a balance between the increased commercialization of the shipping industry and the laws and concepts of ocean governance. The book relevantly puts forward the concept of “ocean governance” and to what extent it can be addressed in terms of the Arctic. What distinguishes this book from others is the fact that it is not limited to examining the effects of climate change and how it is reshaping the way scholars assume the Arctic will be in the near future. Rather it creates a transparent nexus between opposing claims and increasing commercial interests and proceeds to scrutinize the efforts of the Arctic Council and individual Arctic coastal states. In this context, the book follows a given equation based on initial theories and how the opposing claims and increasing commercialization side of the equation can be balanced with the appropriate legal norm. It also reflects on the critical aspects of “hard law and soft law” which are two opposite ends of the legal pole and core elements of any legal spectrum. The book, after reflecting on those two elements, finally proposes a new Arctic legal regime, which is intricate and detailed and is basically a hierarchy based on logic and reasoning. In doing so, it imports a pristine theory for a pristine territory.
Author: John Pheby
Release Date: 2015-05-11
Genre: Business & Economics
The essays in this collection detail the fate of gypsies in the countries of Eastern Europe through the socialist era, and pay special attention to the experience of the Nazi holocaust. The volume includes essays on Czechoslovakia, Yugoslavia, Albania, Hungary and Romania.
Author: Bart Nooteboom
Publisher: Edward Elgar Publishing
Release Date: 2014-10-31
Genre: Business & Economics
øIn this thought-provoking book, Bart Nooteboom offers a radical critique of the principal intellectual and moral assumptions underlying economic science, unravelling the notion of markets: how they work and fail, and how they may be redirected to bett
Author: G Dhananjayan
Publisher: Blue Ocean Publishers
Release Date: 2014-11-03
Genre: Performing Arts
PRIDE OF TAMIL CINEMA: 1931 TO 2013, National Award Winning Book : G Dhananjayan was awarded the "Best writing on Cinema" by Government of India, 62nd National Film Awards, 2015. Tamil cinema in the last 83 years has reached its pinnacle in terms of creativity and technical brilliance and dominates other film industries in India especially, Telugu and Hindi. Many new film makers are entering the field every day and making a mark and creating benchmarks. It is not far-fetched to imagine that Tamil film makers will soon make a global mark in Hollywood with their creative thoughts and technical brilliance. My first book on Tamil Cinema, ‘THE BEST OF TAMIL CINEMA: 1931 to 2010’ released in 2011 as a tribute to the film makers who made remarkable films over the years, is the key motivator for me to write this second book. While working on the revised and updated version of THE BEST OF TAMIL CINEMA, I chanced upon many Tamil films, which won National and International recognition and felt I can bring out a separate book on them, that can become a proud possession of film makers, researchers, people interested in films and common audience. I reviewed the entire list of films, which won the National Film Awards from Government of India and the films that were selected to be screened at the Indian Panorama of the International Film Festival of India (IFFI) – considered as an honour to represent the country. As all these films were selected by an eminent jury over the years for both National Film Awards and Indian Panorama, I did not wish to judge and exclude any film based on my view on them and hence included each and every film, which won a National Film Award under any category and the films which were screened at Indian Panorama of IFFI, since the commencement of these awards and recognition in 1953. Along with this I have also included the films which were submitted by Film Federation of India (FFI) to represent the country at the Academy (Oscars) Awards over the years. During the period 1954 to 2013, one hundred and sixty three (163) Tamil films have won the National recognition under various categories, and each of them is covered in detail in this book. For the period 1931 to 1953 (pre-National award recognition years), I carefully selected 39 films, which are certainly Pride of Tamil Cinema, with the help of Tamil cinema chronicler, ‘Film News’ Anandan, to represent that period. Thus, this book has information on about 39 films for the period 1931 to 1953 and 163 films for the period 1954 to 2013 (total 202 films) to represent the entire period of Tamil Cinema. Extensive research was done to ensure that not a single film, which won a National or International recognition, is left out in this book. Along with Feature films, I have also researched the Non-Feature films and Best Writing on Cinema, which won National Film Awards and written about them in a separate section. Details of non-feature films, which were screened at the Indian Panorama of IFFI, were also included in the non-feature films section. Thus, this book is an exhaustive compilation of Tamil films which won National and International recognition in all categories during the period 1953 to 2013. At National Film Awards and Indian Panorama, the criterion is not commercial success of a film but aesthetic and technical excellence and hence without looking into whether the film was a commercial success or released in theatres, I went by the list of films, which won a National Film Award and, or screened at the Indian Panorama over the years and featured them in this book. Hence, you might find a few films, which you may not have even heard or seen, but have won a National Award for their excellence featuring in the book. Table of Contents I. Introduction II. Acknowledgments III. Pride of Tamil Cinema - 1931 to 2013 a. The Process of Selection at National Film Awards and Indian Panorama b. The Process of Identifying the Pride of Tamil Cinema for the Book IV. Pride of Tamil Cinema - Feature Films from 1931 to 2013 a. 1931 to 1953 - Details of 39 Films Identified Based on Their Achievement b. 1954 to 2013 - Details of 163 Films Identified Based on Them Getting National Film Award and / or been Selected for Indian Panorama at IFFI and / or Academy Awards V. Pride of Tamil Cinema - Non-feature Films from 1931 to 2013 a. Details of 27 films, Which Won the National Film Award and Screened at Indian Panorama VI. Pride of Tamil Cinema - Best Writing from 1931 to 2013 VII. National Award Winning Images list VIII. Glossary of Films from 1931 to 2013 a. Year-wise Listing of Films (Based on Release Date) b. Alphabetical Listing of Films c. Film Maker-wise List of Films d. Lead Artiste-wise Listing of Films IX. References X. About the Author
Author: William Alcott
Publisher: Simon and Schuster
Release Date: 2013-06-18
Timeless wisdom for the modern man! In the nineteenth century, William Alcott'sThe Young Man's Guide paved the way toward personal and financial success for thousands of men. Now, in this unique rendition of his classic work, you, too, can use his wisdom to unlock your greatest potential and live a happy and prosperous life. From refining your appearance and handling social interactions to managing your finances and business matters, each of the aphorisms and quotes in this book reveals simple yet revelatory techniques that will empower you to redefine your future and fill it with love, joy, and abundance. With William Alcott's guidance, you will strengthen your character, harness purposeful thoughts, and create the life you've always wanted.