Download Free Current Legal Problems 2009 Book in PDF and EPUB Free Download. You can read online Current Legal Problems 2009 and write the review.

This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.
The third edition of this work on family law, comprising text, cases and materials, provides not only an explication of legal principle but also explores, primarily from a feminist perspective, some of the assumptions about, and constructions of, gender, sexual orientation, class and culture that underlie the law. It examines the ideology of the family and, in particular, the role of the law in contributing to and reproducing that ideology. Structured around the themes of equality, welfare, and family privacy, the book aims to offer the benefits of a textbook while also giving students a wide-ranging set of materials for classroom discussion. As well as providing a firm grounding in family law, the text sets the law in its social and historical context and encourages a critical approach by students to the subject. It provides an ideal introduction to family law for undergraduates, but will be equally helpful for postgraduate students of family law for whom it provides a challenging selection of materials set within a theoretical framework rich in ideas and arguments. Review of the second edition: 'Diduck and Kaganas examine legal developments to shed light on society, principally by investigating the ways in which family law constructs and regulates family life and responsibilities. Theirs is an important and ambitious book that aims ultimately at a feminist restatement of family law. .... [T]he [book] is written and referenced in such depth that it is a useful resource for legal as well as social science researchers at all levels, whether looking for theoretical inspiration or drawing up a literature review. The range of diverse sources that Diduck and Kaganas draw on is impressive: they seem to have included every bit of material that helps feminists make sense of family law. There is a well-pitched selection of further reading of such material at the end of each chapter. What's more, they undersell themselves by describing their book as "Text, Cases and Materials", because they have woven by far the largest proportion of the cases and materials into the text.' Helen Reece, Times Higher Education, May 2007. Reviews of first edition: 'A stimulating work which attempts to situate family law in its social, historical and political context. Its appeal should not be confined to family law students, as its commitment to a critical and analytical approach offers insights and ideas with broader significance.' Mary Childs, Child and Family Law Quarterly, September 2002 'The arguments are provocative, the analysis is stimulating and the materials amassed strongly support the authors' aim to question the "axiomatic status of what is traditionally designated as the family".' Fiona E Raitt, Infant and Child Development, September 2002 'It is not often that one can say of a textbook in Law that it "makes interesting reading" with quite the enthusiasm that can be expressed for this text. This new publication offers something that few textbooks seem to offer - a book you CAN open up virtually anywhere and find an interesting piece on almost any aspect of the broad family law spectrum.' Penny Booth, The Law Teacher, September 2002 'All the major themes in feminist and constructionist perspectives in family law are presented together with a wealth of readings and extensive references. As a teaching manual, it is excellent - a coherent feminist perspective across the entire range of family law' Marty Slaughter, Feminist Legal Studies, July 2003
The background to this collection of paper is formed by the changes in contremporary society. In modern-day western societies it is the thought that individualism trumps collectivisim. There is change from the paradigm of hierarchy to a paradigm of cooperation. This effects administrative law, which is traditionallly top-down, but is slowly accepting and incorporating mechanism of negotiation and bottom up involvement of stakeholders and concerned individuals. The contributors to his volume investigate, these changes in administrative law and provide an assessment as to whether and to what extent they are reflected in the way judicial review of governmental action is shaped. The analysis covers the EU and a number of EU jurisdictions (France, Germany, United Kingdom, the Netherland, Italy and Romania.) representing different administrative law traditions and being differently responsive to change. To provide an outside comparision, the US administrative system is also covered. Book jacket.
Ideas and Debates in Family Law is written for family law students, at undergraduate level and beyond, who are looking for less orthodox ideas about family law. The book's first section looks at themes in family law, addressing challenges facing the family justice system, rights and responsibilities, and the internationalisation of the law regulating families. The second section is focused on adult relationships: it suggests new ways for the law to allocate legal consequences for families, debates the consequences of the 'contractualisation' of marriage, and explores the value of 'fairness' in family finances. The third section is about children, discussing the welfare principle, parental responsibility and practical parenting. Although these issues sound common enough in a family law book, the discussions found here are far from common. Useful by itself or alongside a textbook, Ideas and Debates in Family Law offers new and thought-provoking perspectives on family law issues. 'Rob George is a new, distinctive and powerful voice in family law scholarship. In this book he subjects received and emerging opinions to incisive examination, providing readers with the intellectual invigoration associated with first class seminars. Above all, he re-claims family law as a significant branch of the idea and practice of justice.' John Eekelaar, Pembroke College, Oxford 'Building on a successful format for undergraduate seminars in Oxford, this unique student text presents an exciting array of thought-provoking debates and intellectually stimulating, sometimes unorthodox, ideas. It will help students to situate their knowledge and to think more deeply and critically about family law and policy. I applaud this book's focus and content and Rob George's vision in writing it.' Stephen Gilmore, King's College London 'Whether you are a student looking for interesting points to make your work first class or an academic wanting an overview of family law theory, this is the book for you. Rob George has brilliantly captured the main issues facing family lawyers and policy makers at this fascinating time. All the major concepts in family law - marriage; parenthood; family - are having to be rethought and redefined. This book provides an excellent starting point for how we might go about reimagining family law and policy.' Jonathan Herring, Exeter College, Oxford
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
How does the UK Supreme Court approach human rights law? This book provides the first comprehensive overview of human rights in the highest UK court, criticizing the failure of UK judges to develop the common law in sympathy with human rights.
Cartel activity is prohibited under EU law by virtue of Article 101(1) of the Treaty on the Functioning of the European Union. Firms that violate this provision face severe punishment from those entities responsible for enforcing EU competition law: the European Commission, the national competition authorities, and the national courts. Stiff fines are regularly imposed on firms by these entities; such firm-focused punishment is an established feature of the antitrust enforcement landscape within the EU. In recent years, however, focus has also been placed on the individuals within the firms responsible for the cartel activity. It is increasingly recognized that punishment for cartel activity should be individual-focused as well as firm-focused. Accordingly, a growing tendency to criminalize cartel activity can be observed in the EU Member States. The existence of such criminal sanctions within the EU presents a number of crucial challenges that need to be met if the underlying enforcement objectives are to be achieved in practice without violating prevailing legal norms. For a start, given the severe consequences of a custodial sentence, the employment of criminal antitrust punishment must be justifiable in principle: one must have a robust normative framework rationalizing the existence of criminal cartel sanctions. Second, for it to be legitimate, antitrust criminalization should only occur in a manner that respects the mandatory legalities applicable to the European jurisdiction in question. These include the due process rights of the accused and the principle of legal certainty. Finally, the correct practical measures (such as a criminal leniency policy and a correctly defined criminal cartel offence) need to be in place in order to ensure that the employment of criminal antitrust punishment actually achieves its aims while maintaining its legitimacy. These three particular challenges can be conceptualized respectively as the theoretical, legal, and practical challenges of European antitrust criminalization. This book analyses these three crucial challenges so that the complexity of the process of European antitrust criminalization can be understood more accurately. In doing so, this book acknowledges that the three challenges should not be considered in isolation. In fact there is a dynamic relationship between the theoretical, legal, and practical challenges of European antitrust criminalization and an effective antitrust criminalization policy is one which recognizes and respects this complex interaction.
This book poses a question that is deceptive in its simplicity: could international law have been otherwise? Today, there is hardly a serious account left that would consider the path of international law to be necessary, and that would refute the possibility of a different law altogether. But behind every possibility of the past stands a reason why the law developed as it did. Only with a keen sense of why things turned out the way they did is it possible to argue about how the law could plausibly have turned out differently. The search for contingency in international law is often motivated, as it is in this volume, by a refusal to resign to the present state of affairs. By recovering past possibilities, this volume aims to inform projects of transformative legal change for the future. The book situates that search for contingency theoretically and carries it into practice across many fields, with chapters discussing human rights and armed conflict, migrants and refugees, the sea and natural resources, foreign investments and trade. In doing so, it shows how politically charged questions about contingency have always been.
This book offers a new interpretation of judicial review in England and Wales as being concerned with the advancement of justice and good governance, as opposed to being concerned primarily with ultra vires or common law constitutionalism. It is developed both from examining the functions and values that ought to be served by judicial review, and from analysis of empirical 'social' facts about judicial review primarily as experienced in the Administrative Court. Based on ground-up case law analysis it constructs a new taxonomy on the grounds of judicial review: mistake, procedural impropriety, ordinary common law statutory interpretation, discretionary impropriety, relevant/irrelevant considerations, breach of an ECHR protected right or equality duty, and constitutional allocation of powers, constitutional rights, or other complex constitutional principles. It explains each of these grounds, what academic and judicial support there might be for them outside case law analysis, and their similarities and differences when viewed against popular existing taxonomies. It concludes that Administrative Court judges are engaged in ordinary common law statutory interpretation in approximately half of all cases, and that where discretionary judgement is involved on the part of the initial decision-maker, judges do indeed consider their task to be one of determining whether the challenged decision was justified by reasoning of adequate quality. It finds that judges apply ordinary common law principles of statutory interpretation with historical pedigrees, including assessing the initial decision-maker's reasoning with reference to statutory purpose, and sifting relevant from irrelevant considerations, including moral considerations. The result is a ground-breaking reassessment of the grounds of judicial review in England and Wales and the practice of the Administrative Court.