Author: Mathias Reimann
Publisher: West Academic Publishing
Release Date: 2013
This new and creatively conceived casebook introduces the international legal order as it presents itself at the beginning of the twenty-first century. Consistently and effectively blending theory and practice, it is designed to give students the basic knowledge and understanding of transnational law that every modern lawyer should possess. This is an ideal text both for students who will take only one course in international law, and for those seeking a solid foundation for more specialized courses. It is organized around five major themes: actors, interactions among actors, substantive norms, methods of dispute resolution, and domestic effects of transnational law. Students are first shown how classical international law emerged and, most important, how it has evolved into modern transnational law. They are then invited to revisit each of the five core themes in the context of cutting-edge contemporary legal challenges. The casebook's unique approach enables students to gain both the knowledge and confidence they need to approach the increasingly complex range of transactions and disputes that reach beyond national boundaries.
Author: Roy Goode
Publisher: OUP Oxford
Release Date: 2007-06-21
Text, Cases and Materials on Transnational Commercial Law brings together all the necessary materials on this topic in a logical and accessible way. The authors provide students with an extensive discussion on the theoretical issues raised by the law. The text examines the emergence of transnational commercial law, its nature and sources and the method by which harmonization is achieved and some of the key problems involved.
Author: Detlev F. Vagts
Publisher: Foundation Press
Release Date: 1994-06
Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series®, it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.
Author: Ellen S. Podgor
Release Date: 2010-02-02
International Criminal Law provides a set of teaching materials furnishing students with a grounding in the transnational issues likely to arise in federal criminal cases, and also in the law produced as a consequence of international efforts to impose criminal responsibility on the perpetrators of human rights atrocities. International Criminal Law offers, for teaching purposes, a collection of cases (mainly domestic) and other materials, together with notes and questions about those cases and materials. The first part introduces the field of international criminal law, and includes a chapter on the general principles of both domestic and international law governing efforts to apply U.S. criminal law to foreign crimes and foreign criminals. The second part covers the specific application of those principles to cases involving the Foreign Corrupt Practices Act, antitrust and securities regulation, export controls, computer crimes, narcotics and money laundering, piracy and terrorism, and torture. The third part addresses procedural aspects of trying such cases in U.S. courts. This section also treats the extraterritorial application of the U.S. Constitution, immunities from jurisdiction, mutual assistance in criminal cases, extradition, alternatives to extradition, prisoner transfers, recognition of foreign criminal judgments, and the bearing on international human rights instruments on criminal procedure. The final part of International Criminal Law deals with the prosecution of international crimes, and takes up the question of what crimes constitute international crimes. This section also discusses the Nuremberg and Tokyo precedents, the ad hoc tribunals for the former Yugoslavia and for Rwanda, the Rome Statute of the International Criminal Court, and the substantive law of international crimes such as aggression, genocide, crimes against humanity, and war crimes. International Criminal Law is supplemented annually. This eBook features links to Lexis Advance for further legal research options.
Author: Marion G. Crain
Release Date: 2011-04-26
The law of work has evolved as a patchwork of legal interventions in the labor market, sometimes by statute, and sometimes through the common law of judicial decisions. Most law school curricula divide the law of work into three topical areas--Labor Law, Employment Law, and Employment Discrimination--and offer separate courses in each area. Labor law in the United States is understood to encompass the study of the National Labor Relations Act, the law governing union organizing and collective bargaining. It is the law of collective rights at work. Employment law refers to the statutes and common law governing individual rights at work. It ranges from minimum standards legislation to judicially created doctrines based in tort and contract law. Employment discrimination law deals with the statutes and interpretative case law advancing the antidiscrimination norm in the workplace. These statutes address the problem of status discrimination at work (e.g., discrimination on the basis of race, sex, national origin, ethnicity, religion, disability, or sexual orientation). A comprehensive study of the law of work also provides an opportunity to assess critically what form enforcement of rights should take. Should conflicts between employers and employees be channeled into private resolution systems such as collective bargaining or contractual arbitration, or is the public interest sufficient to justify committing administrative, judicial and legislative resources to it? What is the significance of casting employee rights as collective--and therefore entrusting their enforcement to an employee representative such as a union--versus conceptualizing them as individual? Must such a collective representative be independent of the employer, or do employer-initiated employee committees further worker voice just as effectively? Doesn't history also warn of the risks of subordinating individual interests to those of the collective, particularly in the context of a diverse workforce with minority groups characterized by race, ethnicity or gender? Accordingly, the casebook is called " Work Law" and it endeavors to present basic materials on each system of labor market regulation. The book identies core themes of conflict and concern in the workplace, canvass the governing law, and offer a vantage point for assessment. Several themes furnish the organizing structure for the book. The book asks how law should mediate the perennial conflict between employer and employee rights; what difference it makes whether employee rights are conceptualized individually or collectively; what significance the increasing racial, ethnic, and gender diversity of the workforce should have for legal policy; whether dispute resolution systems should be privatized (via collective bargaining or individual contract) or remain in the public fora (courts and legislatures); and whether law is the most effective way to address interests of employers and employees (as contrasted, for example, with human resource practices, employer initiatives, or employee self-help measures). The book will be most useful in Employment Law courses that address the significance of conceptualizing rights at work individually as opposed to collectively. Its strength is its refusal to categorize the law of the workplace in doctrinal boxes that may be out-of-date by the time the book reaches maturity. The book adverts to Labor Law principles at a number of points throughout the book, but at a policy level rather than a doctrinal level, as a way of introducing and evaluating an alternative model of employee representation; the book does not assume any knowledge of Labor Law on the part of teacher or student and makes no effort to provide a satisfactory substitute for a Labor Law text. The book offers some detail in the law of Employment Discrimination but does so primarily with an eye toward surveying the field and assessing antidiscrimination regulation as a response to an increasingly diverse workforce, rather than providing an in-depth study of Employment Discrimination principles. The text surveys the existing legal landscape, but it does not stop there. Work Law is an exciting and intellectually stimulating practice area because it is of necessity in a constant state of flux, responding to labor market innovations. Flexibility in thinking is vital to this area of practice.
Author: Elizabeth Fisher
Publisher: Oxford University Press
Release Date: 2013-04-25
This new title offers a compact and complete resource for students, featuring extracts from leading cases and articles alongside clear explanations and insightful analysis from an experienced author team. This unique approach places environmental law in context, enabling you to develop a clear and sophisticated understanding of this dynamic area.
Author: Paul P. Craig
Publisher: Text, Cases and Materials
Release Date: 2015
'Craig & de Burca has become a byword for quality: legally accurate and contextually rich' Christopher Hilson, Professor of Law, University of Reading Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience both teaching and writing in this area, Paul Craig and Grainne de Burca provide a comprehensive and enhanced account of their classic text. Working closely as an author team for over twenty years, they succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic articles. All chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting edge debates. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject. The book is accompanied by an Online Resource Centre which includes the following resources: - An interactive map of the EU, providing key facts about each member state - An interactive timeline, tracing key dates in the development of the EU - Author video discussing the importance of studying EU law - Updates to the law post-publication
Author: David Luban
Publisher: Wolters Kluwer Law & Business
Release Date: 2014-07-11
Bringing a wealth of experience and insight to a rapidly emerging field of inquiry, International and Transnational Criminal Law offers four-part coverage, dynamic perspective, and historical depth. Ideal for the international criminal law course and well suited to courses on transnational law and international law, this casebook carefully examines procedural issues, transnational crimes, and international crimes. Features: Updated throughout to reflect relevant recent Supreme Court and lower court decisions, amended statutes, developments in treaty law, and current scholarship Incorporated recent decisions of the International Court of Justice, the International Criminal Court, and the ad hoc and hybrid tribunals, particularly regarding the elements of international crimes, sentencing norms, and the prosecutor's role Expanded references to non-U.S. sources, such as the United Kingdom's Terrorism Act of 2006 and its Bribery Act of 2010 Sharpened discussion of jurisdictional as well as extradition and evidence gathering Extended the terrorism chapter by, inter alia, including the Supreme Court's decision in Holder v. Humanitarian Law Project and the Lebanon Tribunal's definition of terrorism; adding materials on the (de)listing of designated foreign terrorist organizations; and updating the materials on military commissions Rewrote the International Criminal Court chapter to focus on jurisdiction, admissibility, and the Security Council's role and to concentrate on the Office of the Prosecutor's exercise of prosecutorial judgment, illustrated through Uganda and Sudan case studies Substantially amended the modes of participation and mens rea chapter to incorporate recent decisions, eliminate unnecessary complexities, and, consistent with the ICC's practice, to focus on indirect and direct co-perpetration Updated the crimes against humanity chapter to reflect developments regarding the "group discrimination" and the "state or organizational policy" elements Revised the trafficking in people, drugs, arms, and antiquities chapter Included, in the war crimes chapter, the U.S. drone program, the crime of inflicting disproportionate "collateral" civilian damage, and developments on the crime of recruiting child soldiers Updated the torture chapter to include developments under the Obama administration Updated the Sexual Violence chapter: added the ICC's rape definition and cumulative charging decisions, and discussion of the "new" crime of forced marriage.
Author: Michael Zander
Publisher: Cambridge University Press
Release Date: 2007-04-19
This title, a companion volume to The Law Making Process, is the definitive collection of cases and materials on the workings of the English legal system. Written by the foremost scholar in the field, it surveys how the law functions from the trial process (from pre-trial proceedings to the funding of trials), the role of the jury, and the legal profession. This edition takes account of all recent major legislative and judicial changes and updates the material on the established areas of the law. The book takes a 'law in context' approach, setting out those factors beyond the legal environment which impact on and inform the changes within it. The collection is required reading for all students seeking a thorough knowledge and in-depth understanding of how the English legal system operates.
Author: Damian Chalmers
Publisher: Cambridge University Press
Release Date: 2010-06-24
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
Author: Guy S. Goodwin-Gill
Publisher: Cambridge University Press
Release Date: 2010-03-18
State authority and power have become diffused in an increasingly globalized world characterized by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This 2010 book explores the prospects for such an order in the context of refugee law in Europe, focusing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others' decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.
Author: Donald Earl Childress III
Publisher: Wolters Kluwer Law & Business
Release Date: 2015-03-12
This unique new casebook emphasizes the knowledge and skills that students need to solve the real-world transnational legal problems they are likely to encounter as lawyers in today s globalized world regardless of their field of practice and regardless of whether they are interested in international law as such. The casebook covers public international law and international courts; but unlike traditional international law casebooks, it urges students not to be international law-centric or international court-centric and gives them the resources to learn how to use national law and national courts, and private norms and alternative dispute resolution methods, to solve transnational legal problems on behalf of their clients. Key Features Practice-oriented. Focuses on the knowledge and skills students need to solve real-world transnational legal problems on behalf of their clients. Covers not only international law and international courts, but also the role of national law, national courts, and alternative dispute resolution in transnational practice. Comparative perspectives throughout. Written by a team of authors with a wide range of expertise and experience in transnational litigation, arbitration, international law, constitutional law and transnational business transactions.
Author: Harold Koh
Publisher: West Academic
Release Date: 2008-08-26
This text by a leading international law scholar provides an incisive, analytic guide to transnational litigation in the U.S. courts, covering complex doctrines in depth, while remaining clear and accessible for students. All major doctrinal areas are addressed, including transnational public and private law litigation, extraterritoriality, foreign sovereign immunity, the Act of State Doctrine, jurisdiction to adjudicate, service of process, forum non conveniens, transnational discovery, and recognition and enforcement of foreign judgments and injunctive decrees.