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This book brings together past and present law commissioners, judges, practitioners, academics and law reformers to analyse the past, present and future of the Law Commissions in the United Kingdom and beyond. Its internationally recognised authors bring a wealth of experience and insight into how and why law reform does and should take place, covering statutory and non-statutory reform from national and international perspectives. The chapters of the book developed from papers given at a conference to mark the fiftieth anniversary of the Law Commissions Act 1965.
The Eleventh programme of law reform includes: charity law, conservation covenants, contempt, data sharing between public bodies, electoral law, electronic communications code, European contract law, family financial orders, misconduct in public office, offences against the person, rights to light, taxis and private hire vehicles - regulation, trade mark and design litigation - unjustified threats, wildlife
As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission
Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.
This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual
This collection of essays honours the work of Sir Gerald Gordon CBE QC LLD (1929-). In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes essays on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outside of Scotland, including contributions from England, Ireland and the USA.
This report maps and analyses the core issues which together make up effective regulatory management for Ireland, laying down a framework of what should be driving regulatory policy and reform in the future.