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Legal Foundations of EU Economic Governance (Law in Context)
by Antonio EstellaSince the economic crisis unfolded in 2008, the European Union economic governance framework has been profoundly transformed from a legal perspective. The EU has adopted new tools, institutions and rules to tackle the changes and is arguably better prepared to combat any future crises. This book analyses the basic legal framework of EU economic governance and considers the economic underpinnings which underlie legal institutions in this area. It uses analytical dialectics as a method of analysis and the paradigm of 'law as credibility' as the main model through which the substantive parts of EU economic governance are accounted for. Important issues such as access, exit and expulsion from the euro, the independence of the European Central Bank, the Stability and Growth Pact, bail-outs to member states, and the EU's economic strategy are addressed in a clear, critical and innovative way.
Legal Foundations of Environmental Planning: Textbook-Casebook and Materials on Environmental Law
by Jerome G. RosePlanners and lawyers engaged in the formulation and implementation of plans affecting the environment should have a working knowledge of the legal principles affecting those plans. They should also be familiar with the principles of environmental law. However, environmental law has not been a traditional part of the curriculum of law schools. Many practicing lawyers have never taken a course in environmental law; nor have many of the judges charged with deciding cases whose outcome may have consequences for the environment.In the interest of counteracting this lack of knowledge, Legal Foundations of Environmental Planning integrates excerpts from more than seventy-five court case rulings to illustrate the system of environmental laws and the problems of enforcement.Dedicated specifically to discussions on legal theories and procedures, air pollution, water pollution, and control of population growth and distribution, this sourcebook also includes an extensive glossary of environmental terms. It is a valuable aid for students, legal specialists, public officials, environmental professionals, and urban planners.
Legal Foundations of Land Use Planning: Textbook-Casebook and Materials on Planning Law
by Jerome G. RoseUrban planning is a community process, the purpose of which is to develop and implement a plan for achieving community goals and objectives. In this process, planners employ a variety of disciplines, including law. However, the law is only an instrument of urban planning, and cannot solve all urban problems or meet all social needs. The ability of the legal system to implement the planning process is limited by philosophical, historical, and constitutional constraints. Jurisprudence is concerned with societal values and relationships that limit the effectiveness of the law as an instrument of urban planning. When law is definite and certain, freedom is enhanced within the boundaries created by the law. This doctrine of Anglo-American law imposes an obligation on courts to be guided by prior judicial decision or precedents and, when deciding similar matters, to follow the previously established rule unless the case is distinguishable due to facts or changed social, political, or economic conditions The author focuses on seven specific areas of law in relation to land use planning: law as an instrument of planning, zoning, exclusionary zoning and managed growth, subdivision regulations, site plan review and planned unit development, eminent domain, and the transfer of development rights. Jerome G. Rose cites more than one hundred court cases, and the indexed list serves as a useful encyclopedia of land use law. This is a valuable sourcebook for all legal experts, urban planners, and government officials.
Legal Foundations of Tribunals in Nineteenth-Century England
by Chantal StebbingsNineteenth-century governments faced considerable challenges from the rapid, novel and profound changes in social and economic conditions resulting from the industrial revolution. In the context of an increasingly sophisticated and complex government, from the 1830s the specialist and largely lay statutory tribunal was conceived and adopted as the principal method of both implementing the new regulatory legislation and resolving disputes. The tribunal's legal nature and procedures, and its place in the machinery of justice, were debated and refined throughout the Victorian period. In examining this process, this book explains the interaction between legal constraints, social and economic demand and political expediency that gave rise to this form of dispute resolution. It reveals the imagination and creativity of the legislators who drew on diverse legal institutions and values to create the new tribunals, and shows how the modern difficulties of legal classification were largely the result of the institution's nineteenth-century development.
Legal Frameworks for Transparency in Water Utilities Regulation: A comparative perspective (Earthscan Studies in Water Resource Management)
by Mohamad Mova Al'AfghaniTransparency in the regulation of water utilities is essential in order to ensure quality and fairness. This book explores and compares different regulatory arrangements in the water utilities sectors in three jurisdictions to determine which regulatory and ownership model is most transparent and why. The three jurisdictions considered are England (UK), Victoria (Australia) and Jakarta (Indonesia). Following an introduction to the importance of transparency in water utilities regulation, the book provides an overview of the three chosen jurisdictions and their legal and institutional frameworks. Through a comparison of these the author explores the contested and difficult terrain of "privatization", as (often) opposed to public ownership, in which it is shown that the relationships between transparency and ownership models are not as clear-cut as might be assumed. Chapters consider various aspects and outcomes of the regulatory process and the role of transparency, including topics such as regulators' internal governance mechanisms, utilities corporate governance, licensing and information flow, freedom of information and transparency in tariffs and pricing, as well as customer service. The book concludes with a summary of lessons learned to inform the refinement of transparency in utilities regulation.
Legal Geographies of Water: The Spaces, Places and Narratives of Human-Water Relations (Earthscan Water Text)
by Cristy ClarkThis book deepens our understanding of humanity’s diverse relationships with water and the law, providing a critical assessment of this relationship, and charting the course towards a more sustainable and just water future.By using legal geography, this book pays particular attention to the place-based inter-relationships between water, people, and law (both formal and informal) and to the ways that law both constitutes and is constituted by the relationship between people and place. Starting in the 1980s, Chapter 2 investigates the early commodification of water through the liberalisation of rural water markets in Chile and the urban water supply and sanitation systems of England and Wales. Chapter 3 then examines the global expansion of neoliberal water governance in the 1990s, starting with donor-driven reforms in the global south and particularly Manila in the Philippines. Chapters 4 and 5 document both the grassroots response to these neoliberal water reforms and the inherent tensions in the attempts of the early 2000s to reconcile the recognition of a human right to water with the ongoing rollout of market mechanisms, both in the domestic context of South Africa and within the United Nations human rights system. Moving forward again, Chapter 6 examines the recent intensification of neoliberal water governance through financialisation and considers its specific impacts in Detroit and Flint, Michigan. Chapter 7 then considers the renewed global emphasis on living waters and Indigenous ontologies of water by examining the new legislative arrangements for the Whanganui River in Aotearoa, New Zealand. The book concludes in Chapter 8 by highlighting the stories of hope that can be found in many of the case studies explored in the book and in emerging examples from around the world.This book is essential reading for students and scholars interested in water law, security, and justice from across a wide range of disciplines, including environmental studies, law, geography, human rights, and political ecology.
Legal Geography: Comparative Law and the Production of Space (Ius Gentium: Comparative Perspectives on Law and Justice #105)
by Matteo NicoliniThis book invites readers to critically rethink the interrelations between geography and the law. Traditionally, legal-geographical interrelations have been dominated by scholars with backgrounds in geopolitics, economics, or geography. More recently, a new interdisciplinary approach has been developed with the aim of offering a fresh perspective on how law and geography intersect. There has been a steady growth in cross-disciplinary research in this field; how legal-geographical taxonomies interrelate has attracted attention from scholars and academics with a diverse range of backgrounds – namely, law, anthropology, and human/physical geography –, thus giving rise to several publications.Against this backdrop, the book adopts a legal comparative perspective and assesses ‘normative spatialities’, which are the outcomes of processes of legal-spatial production. In addition, the comparative analysis offers readers new insights on some traditional geographic features which are essential to legal studies (territorial identity, regional demarcation, territorial alternation, and place-name policy). Examples are drawn from several jurisdictions (both from the Global North and the Global South) and partly employ a diachronic perspective.As its subversive character is ideally suited to revealing policies and agendas, comparative law is used to identify the ethnocentric and colonial biases underpinning the use (and misuse) of legal geographic devices by policymakers and academics. In sum, the book presents legal geography as an interdisciplinary undertaking in which geographers and legal scholars can jointly examine common concepts in the historical, cultural, political and social contexts in which law is practised. The book transcends the boundaries between disciplines to engage in a fruitful dialogue on how the law can help to address the current socio-geographic and ecological crises.
Legal Gladiator: The Life of Alan Dershowitz
by Solomon SchmidtThe only biography of America&’s most controversial lawyer.Legal Gladiator is the story of perhaps the greatest lawyer in American history. It is the story of a poor, failing high schooler from Brooklyn who became the youngest professor in the history of Harvard Law School, where Ted Cruz, Natalie Portman, Mike Pompeo, Jamie Raskin, and others sat under his tutelage. It is the story of a passionate Zionist who advocated for Israel on the world stage and became a confidant of Israeli prime ministers, including Benjamin Netanyahu. And it is the story of a zealous young liberal who, as an old man, stood in front of the Senate to declare that they would be violating the Constitution by removing a Republican president he himself opposed. As a lawyer, Alan Dershowitz has had a major impact on the most notorious legal cases in modern U.S. history. From Claus von Bulow to Mike Tyson to O.J. Simpson to Jeffrey Epstein to Donald Trump, he has devoted his life to championing the bedrock principle of the American justice system: that every person—no matter how despised—has the right to a rigorous legal defense. Legal Gladiator explores Dershowitz&’s rise to prominence, gives the inside story of his most high-profile cases and controversies, and provides a shockingly intimate look into his personal life. Dershowitz gave author Solomon Schmidt unprecedented access to his personal and professional life, including his private archives at Brooklyn College and dozens of interviews with him virtually and in New York City, Miami, Martha&’s Vineyard, and Israel. This book includes exclusive interview content from Bob Shapiro, Jeffrey Toobin, Israeli Prime Minister Ehud Olmert, Glenn Greenwald, Rep. Jamie Raskin, Eliot Spitzer, Justice Stephen Breyer, Mike Huckabee, Woody Allen, Noam Chomsky, Jared Kushner, Geraldo Rivera, Mark Levin, Mike Pompeo, Megyn Kelly, Mike Tyson, Ted Cruz, Robert F. Kennedy Jr., O.J. Simpson, and Donald Trump, among others.
Legal Guide for Lesbian & Gay Couples, A
by Emily Doskow Frederick HertzProtect yourself and your loved one with sound legal planning Gay and lesbian couples have gained a lot of legal ground in recent years. Although same-sex marriage is now legal across the U.S.,laws governing civil unions and domestic partnerships vary from state to state. So it's still important to define and protect your relationship in the eyes of the law--and A Legal Guide for Lesbian & Gay Couples can help. This plain-English guide shows you how to: structure your relationship with a contract jointly buy a house or other property make practical decisions about living together, marrying, or registering as legal partners make a will or living trust make medical decisions for each other if needed have and raise children through adoption, donors, surrogacy, or foster parenting, and deal with the end of a relationship. The 18th edition is completely revised to provide the latest on same-sex marriage, domestic partnerships, and civil unions, and new information regarding parentage laws. All forms are now downloadable via a special link at nolo.com.
Legal Guide for Lesbian & Gay Couples, A
by Emily Doskow Frederick HertzProtect yourself and your loved one with sound legal planning Laws affecting LGBT couples have changed dramatically in the last decade--today, same-sex couples can get married in any state in the U.S.. However, for those couples who choose not to get married, it's essential to take the proper legal steps to define and protect your relationship in the eyes of the law. If you don't, you run the risk of being shut out of each other's lives--and the lives of the children you co-parent--in times of medical, financial or personal crisis. Fortunately, this practical guide is updated with the latest legal information to help you and your same-sex partner protect and exercise your rights and make sound decisions as a couple. A Legal Guide for Lesbian & Gay Couples covers: making practical decisions about living together planning for medical emergencies--making medical decisions for one another and taking care of each other's finances when one partner is incapacitated domestic partner benefits and how to obtain them buying property together providing for each other upon death, and practical and legal aspects of having and raising children.
Legal Guide for Lesbian & Gay Couples, A
by Frederick Hertz Lina GuillenProtect yourself and your loved one with sound legal planning Gay and lesbian couples have gained a lot of legal ground in recent years, including the right to marry. Although same-sex marriage is legal, it’s important to stay up to speed on the laws governing parentage, adoption, civil unions, and domestic partnerships, which vary from state to state. And if you choose to remain unmarried, it’s essential that you protect your rights and define your relationship in the eyes of the law—A Legal Guide for Lesbian & Gay Couples can help. This plain-English guide shows you how to: have and raise children through adoption, donors, surrogacy, or foster parenting jointly buy a house or other property make decisions about living together, marrying, or registering make a will or living trust make medical decisions for each other, and deal with the end of a relationship. The 20th edition is completely revised to provide the latest on same-sex relationships and parentage laws. With Downloadable Forms: includes access to 35 essential legal forms, including a sample parenting agreement, a will, and more.(details inside).
Legal Guide for Police: Constitutional Issues
by Craig Hemmens Jeffery T. WalkerLegal Guide for Police: Constitutional Issues, 12th Edition, is a valuable tool for criminal justice students and law enforcement professionals, bringing them up-to-date with developments in the law of arrest, search and seizure, police authority to detain, questioning suspects and pretrial identification procedures, police power and its limitations, and civil liability of police officers and agencies. Including specific case examples, this revised edition provides the most current information for students and law enforcement professionals needing to develop an up-to-date understanding of the law. Authors Walker and Hemmens have included introductory and summary chapters to aid readers in understanding the context, importance, and applicability of the case law. All chapters have been updated to reflect U.S. Supreme Court decisions up to and including the 2021 term of court. Important cases added to this edition include: Caniglia v. Strom (2021) (warrantless search), Kansas v. Glover (2020) (vehicle stop), Mitchell v. Wisconsin (2019) (warrantless drawing of blood), Rivas-Villegas v. Cortesluna (qualified immunity), and Nieves v. Bartlett (2018) (retaliatory arrest). A helpful Appendix contains the Bill of Rights and the Fourteenth Amendment, and a Table of Cases lists every case referenced in the text.
Legal Guide for Starting & Running a Small Business
by Fred S. Steingold David SteingoldThe all-in-one business law book Whether you’re just starting a small business, or your business is already up and running, legal questions crop up on an almost daily basis. Ignoring them can threaten your enterprise—but hiring a lawyer to help with routine issues can devastate the bottom line. The Legal Guide for Starting & Running a Small Business has helped more than a quarter million entrepreneurs and business owners master the basics, including how to: raise start-up money decide between an LLC or other business structure save on business taxes get licenses and permits choose the right insurance negotiate contracts and leases avoid problems if you’re buying a franchise hire and manage employees and independent contractors attract and keep customers (and get paid on time), and limit your liability and protect your personal assets. The 16th edition is completely updated with the latest business tax rules and numbers, and best practices for classifying workers (as employee or independent contractor).
Legal Guide for Starting & Running a Small Business
by Fred S. SteingoldSmall business owners are regularly confronted by a bewildering array of legal questions and problems. Ignoring them can lead to disaster but with lawyers typically charging $200 $300 an hour, calling one to answer routine legal questions can be a fast track to the poorhouse. Fortunately, you have a better alternative. Legal Guide for Starting & Running a Small Business clearly explains the practical and legal information you need to: . raise start up money . choose between a sole proprietorship, partnership or LLC . get licenses and permits . buy or sell a business or franchise . negotiate a favorable lease . insure your business . hire independent contractors safely . understand small business tax rules . pick and protect a good name . resolve legal disputes . adopt the best customer policies . enter into strong contracts . cope with financial problems This edition is thoroughly updated, including the latest regulations, tax numbers, and business realities in a changing economy.
Legal Guide for Starting & Running a Small Business
by Fred S. SteingoldThe all-in-one business law book! When you run a small business, legal questions crop up almost on a daily basis. Ignoring them can threaten your enterprise—but hiring a lawyer to help with routine issues can devastate the bottom line. Fortunately, you have a better alternative. Legal Guide for Starting & Running a Small Business clearly explains how to: raise start-up money pick the right business structure get licenses and permits negotiate a favorable lease protect yourself with the right insurance create binding contracts hire, fire, and manage employees cope with financial problems protect your personal assets, and save on business taxes. The 15th edition is completely updated with the latest business tax rules and numbers, including options for members of husband and wife LLCs, rules for depreciating and expensing business assets, and best practices for classifying workers (as employee or independent contractor).
Legal Guide for Starting and Running a Small Business (10th edition)
by Fred SteingoldThis easy-to-understand book covers what small-business owners need to know, such as choosing a business structure, taxes and the IRS, employees and independent contractors, and much more.
Legal Guide for the Visual Artist
by Tad Crawford M. J. BogatinAn updated edition of the legal art classic. Legal Guide for the Visual Artist is a classic guide for artists. This sixth edition is completely revised and updated to provide an in-depth view of the legal issues facing the visual artist today and provides practical legal guidance for any visual artist involved with creative work. It has been over twelve years since the fifth edition was published, and so much has changed in the world since that time, especially in the law and artists&’ legal rights and obligations. This edition has been updated for both a new generation of visual artists and for those who have purchased earlier editions. Among the many new topics covered in this comprehensive guide are: copyright fair use transformative rights; recognition of the rights of temporal street art in the Five Pointz VARA case; the demise of California&’s Resale Royalty statute; NFTs; detailed coverage of the myriad developments in copyright (including online copyright registration procedures and use of art on the Internet); changes in laws protecting artists in artist-gallery relationships are explained in depth; scope of First Amendment protections for graffiti art and the sale of art in public spaces; detailed as well as new cases dealing with art and privacy; and a model contract for Web site design and much more. The book also covers copyrights, moral rights, contracts, licensing, sales, special risks and protections for art and artists, book publishing, video and multimedia works, leases, taxation, estate planning, museums, collecting, grants, and how to find the best professional advisers and attorneys. In addition, the book suggests basic strategies for negotiation, gives information to help with further action, contains many sample legal forms and contracts, and shows how to locate artists' groups and Volunteer Lawyers for the Arts organizations. Legal Guide for the Visual Artist is a must-have for any visual artist hoping to share, sell, display, or publish their art.
Legal Guide to Social Media, Second Edition: Rights and Risks for Businesses, Entrepreneurs, and Influencers
by Kimberly A. HouserLearn how to navigate the ins and outs of the law and social media. How should you respond to a request to remove copyrighted materials from a Facebook page? If you create a Twitter username at work, who owns the username when you change jobs? Can you be sued for libel if someone thinks your posts are defamatory? If you&’ve ever asked yourself these kinds of questions, this pioneering legal handbook is for you. Despite the enormous growth in social media usage by businesses and influencers, very little has been written about the laws affecting their activities. In this new edition of the Legal Guide to Social Media, Kimberly A. Houser, law professor and tech attorney, explains the potential pitfalls and how to avoid them including what social media influencers could have done to protect themselves from the lawsuits resulting from the Fyre Festival debacle. Easy-to-understand, comprehensive, and up-to-date, the Legal Guide to Social Media, Second Edition provides the latest information on case law and statutes. It covers everything from privacy laws to the legal considerations in setting up a page or website as well as new governmental regulations. This plain English legal companion offers examples of and solutions to the kinds of situations you can expect to encounter when posting online content, whether for yourself, your own business, or on behalf of your client&’s business. You&’ll learn how to avoid liability for defamation and third-party posts, how to protect your own content, the unique legal issues surrounding social media in the workplace, and much, much more. The new edition covers new state regulations on privacy, data security and advertising; how to avoid intellectual property infringement actions; and the newer legal risks for influencers.
Legal Guide to Social Media: Rights and Risks for Businesses and Entrepreneurs
by Kimberly A. HouserHow should you respond to a request to remove copyrighted materials from a Facebook page? If you create a Twitter handle at work, who owns that handle when you change jobs? Can you be sued for libel if your posts are defamatory? If you've ever asked yourself these kinds of questions, this pioneering legal handbook is for you.Despite the enormous growth in social media, scant legal advice is available to help the many people who are posting online. Easy-to-understand, comprehensive, and current, Legal Guide to Social Media provides the latest information on case law and statutes. It covers everything from privacy laws to copyright issues to how to respond to employers' requests for your social media passwords. This plain English legal companion offers examples of and solutions to the kinds of situations you can expect to encounter when posting online content, whether for personal enjoyment or on behalf of an employer. You'll learn how to avoid liability for defamation and third-party posts, the legalities of copying and linking to content, how to protect your own content, and much, much more. Whether you're a marketer, entrepreneur, business owner, new media manager, or simply one of the millions of social media users in the United States, this must-have guide will help you to understand and mitigate the most common legal risks inherent in social media use.
Legal Heterodoxy in the Global South
by Kevin E. Davis Mariana PargendlerThis volume challenges the common perception that legal systems in developing countries are outdated or plagued by enforcement issues. Instead, it presents detailed case studies of private law in the Global South, showcasing how countries in the region have embraced legal doctrines that diverge from traditional approaches in the Global North. Chapters cover core areas of private law, including contracts, property, torts, corporations, and legal personality. The case studies range from India's adoption of CSR rules to Argentina's protection of hyper-vulnerable consumers. This volume demonstrates how many countries have incorporated social and distributional concerns into their private law regimes. Through these examples, the book presents a set of under-appreciated and innovative legal developments in the Global South. This title is also available as Open Access on Cambridge Core.
Legal Histories of Empire: Navigating Legalities
by Lyndsay Campbell and Shaunnagh DorsettThis collection brings together an international group of scholars in order to provide new insights into the diversity of imperial legalities.Across empires, legalities were produced not just – or even – through the imperial imposition of laws and legal forms, but through local processes of negotiation and contestation. Far from the metropoles, local actors found ways to creatively navigate and subvert imperial frameworks and laws and to create space in which to shape new legalities, responsive to local circumstance and need. Covering topics as diverse as smuggling in eighteenth century Jersey, the criminalisation of female market women in World War II-era southern Nigeria, and whiteness and race in ‘sexual perversion’ cases in twentieth-century Malaya, the collection elaborates new legal histories of empire. Drawing from Britain, Ireland, Australia, Canada, the USA, India, Sri Lanka, Africa and Malaysia, the collection brings together chapters that examine the stories of the peoples of empires and shows how they constituted, experienced, navigated and subverted the legal complexities of living under empire.This book will be of interest to scholars and researchers in law and history, but also to those with relevant interests in post-colonial and cultural studies, as well as in criminology and sociology.
Legal Histories of the British Empire: Laws, Engagements and Legacies
by Shaunnagh Dorsett John McLarenThis book is a major contribution to our understanding of the role played by law(s) in the British Empire. Using a variety of interdisciplinary approaches, the authors provide in-depth analyses which shine new light on the role of law in creating the people and places of the British Empire. Ranging from the United States, through Calcutta, across Australasia to the Gold Coast, these essays seek to investigate law’s central place in the British Empire, and the role of its agents in embedding British rule and culture in colonial territories. One of the first collections to provide a sustained engagement with the legal histories of the British Empire, in particular beyond the settler colonies, this work aims to encourage further scholarship and new approaches to the writing of the histories of that Empire. Legal Histories of the British Empire: Laws, Engagements and Legacies will be of value not only to legal scholars and graduate students, but of interest to all of those who want to know more about the laws in and of the British Empire.
Legal History Matters: From Magna Carta to the Clinton Impeachment
by Ann O'Connell Amanda WhitingAs a field of study, legal history has an unsteady place in Australian law schools yet academic research and writing in the field of legal history and at the intersections of the disciplines of 'law' and 'history' is undergoing something of a renaissance, with rich and vibrant new works regularly appearing in specialist journals and scholarly monographs. This collection seeks to reinvigorate the study of history within the law school curriculum, by showcasing what students of the law can achieve when, addressing topics from the use of Magna Carta as history and precedent in sixteenth-century England to the political manoeuvres behind the failed impeachment of President Bill Clinton in late twentieth-century America, they seek to understand legal processes and institutions historically. The volume comprises outstanding legal history papers authored by graduate (final year JD) students in the Melbourne Law School. This collection is dedicated to two women who championed the teaching of legal history at the Melbourne Law School in the 1960s-Dr Ruth Campbell and Mrs Betty Hayes.
Legal History and Comparative Law: Essays in Honour of Albert Kilralfy
by Richard PlenderFirst Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
Legal History in the Curriculum: Comparative Perspectives, Critical Approaches and Future Directions (Transforming Legal Histories)
by Caroline Derry Carol HowellsAs legal education faces fresh challenges and opportunities, and a growing literature calls for subversive new approaches, this book engages with vital questions about the place of history in the law school. How and why should we teach legal history? What is its place in the curriculum? What can different jurisdictions learn from each other? This collection offers an overview and examples of cutting-edge practice in teaching legal history across the law curriculum, challenging expectations of its place and potential. The book’s three sections explore practices and possibilities in the core curriculum, in dedicated legal history courses and in law schools across the world. They highlight how legal history offers diverse and inclusive content, global perspectives, and transnational understandings to students. By exploring contributors’ own purposes and practices, they provide insight and fresh ideas on how and why readers can incorporate legal histories into their own teaching.The volume will be an invaluable resource for all those involved in the teaching of law and the law school curriculum.