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The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement
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The Three Branches. A Comparative Model of Separation of Powers
Christoph Moellers,The idea of the separation of powers is still popular in much political and constitutional discourse, though its meaning for the modern state remains unclear and contested. This book develops a new, comprehensive, and systematic account of the principle. It then applies this new concept to legal problems of different national constitutional orders, the law of the European Union, and international institutional law. It connects an argument from normative political theory with phenomena taken from comparative constitutional law. The book argues that the conflict between individual liberty and democratic self-determination that is characteristic of modern constitutionalism is proceduralized through the establishment of different governmental branches.
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Legal Skills. 7 th ed.
Emily Finch,The best-selling legal skills textbook in the market, Legal Skills is the essential guide for law students, encompassing all the academic and practical skills in one manageable volume. It is an ideal text for students new to law, helping them make the transition from secondary education and giving them the skills they need to succeed from the beginning of their degree, through exams and assessments and into their future career. The first part covers 'Sources of Law' and includes information on finding and using legislation, ensuring an understanding of where the law comes from and how to use it. The second part covers 'Academic Legal Skills' and provides advice on general study and writing skills. This part also includes a section on referencing and avoiding plagiarism amongst a number of other chapters designed to help students through the different stages of the law degree. The third and final part is dedicated to 'Practical Legal Skills'; a section designed to help develop transferable skills in areas such as presentations and negotiations that will be highly valued by future employers. The text contains many useful features designed to support a truly practical and self-reflective approach to legal skills including self-test questions, diagrams and practical activities. Students are given the opportunity to take a 'hands on' approach to tackling a variety of legal skills from using cases to negotiation. Each skill is firmly set in its wider academic and professional context to encourage an integrated approach to the learning of legal skills.
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Intellectual Property Law. 5th ed.
Lionel Bently,Intellectual Property Law is the definitive textbook on the subject. The authors' all-embracing approach not only clearly sets out the law in relation to copyright, patents, trade marks, passing off, and confidentiality, but also takes account of a wide range of academic opinion enabling readers to explore and make informed judgements about key principles. The particularly clear and lively writing style ensures that even the most complex areas are lucid and comprehensible.
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The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement
Mary Ellen O'Connell,International law supports order in the world and the attainment of humanity's fundamental goals of advancing peace, prosperity, human rights, and environmental protection. Yet, there have been voices for centuries attacking international law in order to promote the dominance or hegemony of a single nation. After 9/11, such advocates succeeded in getting America's leaders to invade Iraq, establish Guantanamo Bay and black sites, use waterboarding and other forms of torture and coercion during interrogation, and execute individuals in defiance of the International Court of Justice. This book reveals that to be persuasive, opponents of international law have misrepresented what international law is and how it works. Anti-international law voices have presented international law as powerless and unworthy of respect. To clear away the myths, the book draws on new developments in natural law, positive law, and process theory. The resulting new classical theory demonstrates that international law's power or authority is explained by the same theory that explains the authority of law within nations. International law has authority because it is widely accepted as law. Part of the evidence of that acceptance is found in the fact international law has forceful means of enforcement — armed force, sanctions, countermeasures, and courts. The book provides many examples of international law in action — the real international law with the power to support the interest of all humanity.
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The Tools of Argument: How the Best Lawyers Think, Argue, and Win
Joel P. Trachtman,Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.
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Complete International Law: Text, Cases and Materials 2nd Edition
Ademola Abass,Complete International Law combines a wide range of case extracts with incisive author commentary to clearly demonstrate legal principles and the significance of case law. This innovative text encourages an active approach to learning with key point summaries, thinking points and self-test questions throughout; which aim to stimulate reflection about the importance of international law in today's world.
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Basic Legal Drafting: Litigation Documents, Contracts, Legislative Documents
Anne Rutledge,BASIC LEGAL DRAFTING offers down-to-earth instruction on how to draft well-organized and clearly articulated legal documents. A culmination of twenty-five years of teaching in the highly regarded Legal Drafting Program at the University of Florida College of Law, the book is designed to be used as a resource for law students and practicing attorneys, as well as a textbook for drafting classes. The text is particularly strong in its discussions of how to organize a document, often the most difficult task facing a drafter and typically under-addressed in other drafting manuals. Equally useful are the very concrete recommendations on how to articulate the language of a document in order to achieve clarity and precision. The text helpfully distinguishes traditional drafting principles from common conventions and stylistic preferences. The litigation chapter addresses complaints, answers and motions. Useful examples range from a simple negligence complaint to a complex statutory-based multi-count complaint and appropriate responses. The contracts chapter includes an extensive discussion, with examples, on how to create for any contract a logical, coherent framework that underlines the drafter’s (and presumably the client’s) intentions.
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Understanding Common Law Legislation: Drafting and Interpretation
Francis Bennion,This book is a distillation of a larger work Bennion on Statutory Interpretation. It consists of an introduction and eighteen chapters each summarized at the end. The common law system presented here is called the Global method both because it is worldwide and because it requires the interpreter to take every relevant consideration into account, including (under the doctrine of precedent) previous court decisions. The book starts by explaining what is meant by ‘common law legislation’. It then says that construing common law legislation has often been found difficult as an analytical concept, giving as the main reason deficiencies in legal education. One deficiency, still continuing, is to teach (mistakenly) that the interpretative criteria solely consist of the literal rule, the mischief rule, and the golden rule. The book aims to redress the deficiencies by presenting the issues briefly but correctly. There are a great many interpretative criteria, and where these conflict in a particular case there must be a judicial process of weighing and balancing. The criteria consist of four types: rules laid down by statute or common law, presumptions arising from the nature of legislation, principles of legal policy, and literary canons applying to all types of language. The book has a final chapter on techniques of ‘law handling’ or ‘law management’, which are central to any lawyer's or law student's functioning.
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Guidelines for Drafting and Editing Legislation
Bryan A. Garner,This new Garner title consolidates into one set of covers all the best advice on legislative drafting. Garner elucidates his blackletter principles with statutory rewrites from all 50 states as well as from federal statutes. He demonstrates how legislation can be streamlined, simplified, and clarified. The exmaples show stunning improvements. Commissioned by the Uniform Law Commission, Garner's work here represents another in his string of first-rate reference books. No legislative drafter should be without it. In the back of the book are two model statutes plus a typically poor statute annotated to explain its deficiencies. Also included is a groundbreaking essay on the optimal method for expressing criminal prohibitions. Throughout the book appear shaded boxes containing timeless quotations from leading commentators on legislative drafting from the 18th century to the present day. Together the the book's extensive bibliography, these quotations place Garner's principles into a historical context. They also underscore the degree to which legislative drafters have neglected many long-standing principles of legal drafting.
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The Law of Corporations and Other Business Organizations. 6th ed.
Angela Schneeman,THE LAW OF CORPORATIONS AND OTHER BUSINESS ORGANIZATIONS, 6th Edition deciphers the complex substantive and procedural laws surrounding U.S. business entities today. Focusing on corporations, sole proprietorships, partnerships, limited liability partnerships, and limited liability entities, the text explains the law and the theory behind the law while providing practical information that the paralegal can use on the job. Financial structures, securities regulations, mergers, and bankruptcy round out the legal discussions, along with special attention paid to the Uniform Acts and Model Business Corporation Act as revised through 2007, which is the basis for most state business corporation acts in the United States. Special features include cites for state statutes, excerpted cases, sample documents, paralegal profiles, chapter summaries, end-of-chapter exercises, practical advice, and much more.
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Essential Contract Drafting Skills. A Practical Guide
Tiffany Kemp,Have you ever read a contract clause three times, and still been none the wiser about what it means? While consumer contracts are becoming more accessible, with companies employing more creative drafting and layout techniques, many business to business contracts remain stuck in the dark ages of legalese and Latin phrases. This book is for everyone who drafts and amends contracts. It will encourage you to focus on creating usable documents that meet essential business needs. By freeing you from the straitjacket of ‘tested in court’ terminology, it will inspire you to flex your creative muscles and draft clear, unambiguous and readable contracts.
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International Commercial Arbitration. Third Edition. Volume III.
Gary B. Born,International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.
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International Commercial Arbitration. Third Edition. Volume II.
Gary B. Born,International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.
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International Commercial Arbitration. Third Edition. Volume I.
Gary B. Born,International Commercial Arbitration is an authoritative 4,250 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process that is available. The Third Edition of International Commercial Arbitration has been comprehensively revised, expanded and updated, To include all legislative, judicial and arbitral authorities, and other materials in the field of international arbitration prior to June 2020. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. The revised 4,250 page text contains references to more than 20,000 cases, awards and other authorities and will enhance the treatise’s position as the world’s leading work on international arbitration.
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Soft Skills Training: A workbook to develop skills for employment
Frederick H. Wentz,was hired by a major university to teach recently released offenders how to become employed. I walked into my first class intending to follow the lead of all the other job training programs in the city, which was teaching the students to properly fill out applications, write resumes, facilitate mock interviews, and locate employment opportunities. After the first couple of classes, most of the students were either not paying attention or sleeping. I quickly realized my presentation needed to be interesting, challenging, beneficial, and actually guide the participants on how to remain employed. However, I was unable to find any published material for teaching new hires the soft skills necessary to keep a job. This workbook is a compilation of the soft skills class material I have developed over an eighteen year period. I have used this material with great success and have taught soft skills in schools, inner-city church programs, nonprofits, and government funded job training programs. It is a unique collection of essays, exercises, quotes, and maxims that will give students a realistic perspective on work-related expectations and the expectations of the supervisors who hire them. It will help students develop their problem solving skills, guide them in making appropriate decisions, and create a desire to plan out goals and achieve them. The workbook style is challenging and playful, serious and engaging and a stepping stone to developing the cognitive skills necessary to quash unproductive thinking and self-defeating emotional behaviors.
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Governmental Checks and Balances
Duchess Harris,Governmental Checks and Balances examines the ways the three branches of the US government were designed to prevent each other from gaining too much power and influence. The title provides numerous examples of executive, legislative, and judicial checks that help keep the federal government running smoothly. Features include a glossary, references, websites, source notes, and an index. Aligned to Common Core Standards and correlated to state standards. Essential Library is an imprint of Abdo Publishing, a division of ABDO.
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Chitty on Contracts. Volume II. Specific Contracts. 33rd ed.
Thomson Reuters,Guidance on the law, procedures and evidence required for a landlord or licensor to obtain possession of business premises under the Landlord and Tenant Act 1954 Pt II and how tenants can oppose the action or renew the lease. Legislation, case law, specimen forms, letters, draft pleadings, notices and witness statements make this a practical manual. "synopsis" may belong to another edition of this ti
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Chitty on Contracts. Volume I. General Principles
Hugh Beale,Chitty on Contracts is the pre-eminent reference work on contract law in the common law world. It has been used for generations by lawyers as the leading guide to contracts, and is relied on to provide insight and aid in complex areas of the law. The work is in two volumes: Volume One covers the General Principles of contract law, while Volume Two offers guidance on Specific Contracts, namely contractual issues in specific industry sectors.
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Cases and Materials on International Law. 8th ed.
David Harris,Cases and Materials on International Law draws together in one volume an exhaustive selection of cases, materials and background information on the subject, which is supplemented by authoritative commentary and expert analysis. Widely recognised as the leading text of its kind, the eighth edition of Cases and Materials on International Law incorporates all major developments in the subject, including:- International Court of Justice judgments on the jurisdictional immunity of states (Germany v Italy) and on the obligation to prosecute or extradite in cases of torture (Belgium v Senegal), as well as the Court's advisory opinion on the legality of the declaration of independence in respect of Kosovo New judgments of the International Court of Justice and the International Tribunal for the Law of the Sea on maritime disputes The International Law Commission's Guide to Practice on Reservations to Treaties The use of force in Crimea, Libya and Cote d'Ivoire Developments in the UN human rights system
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Construction Law and Practice: International Series 2nd ed
Clive Lovattx,Written by leading practitioners, the second edition contains invaluable commentary on construction law in 20 jurisdictions. Part of the reader-friendly Sweet & Maxwell International Series, each chapter is set in a highly readable Q&A format allowing for easy comparison between jurisdictions. Areas covered for each jurisdiction include a construction industry overview, overview of the law, building and civil engineering procurement strategies, building and civil engineering contracts/forms of appointment, anatomy of a building/civil engineering contract, disputes, security documents, health and safety and employment law, and public procurement.