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• Prefácio / Maria José Justino
• Introdução
• Parte I. Da arte ao direito
• Apresentação
• A autoria entre os séculos XV e XIX
• Autoria e direitos autorais nos séculos XX e XXI
• Parte II. Do direito a arte
• Apresentação
• O individual o exclusivo na arte e no direito
• A cegueira dos direitos autorais.

The key to understanding copyright is not in the law. It's in art. "The analysis of copyright should not be a matter of legal discussion alone." Based on this statement, artist Marcelo Conrado addresses the various issues related to the evolution of the concepts of authorship, work and originality. Contemporary art prompts copyright laws to rethink their categories, making this relationship more complex: the discussion on appropriation, originality, anonymity in graffiti and its criminalization, doubts about authorship in the event of outsourcing of the work, among many others, call into question the legal discussion of art and copyright also impact access to culture. When relevant works are no longer exhibited or reproduced in catalogues or books due to the denials of the artists' heirs, a subject also addressed in this extremely timely book. The author asks what would be the limits to differentiate influence from plagiarism. For the author, these issues require that the concept of work, authorship and originality be revisited theoretically, especially through selected cases, many of them not judicialized.

• Windham origins
• Bowdoin college years
• The poor man's lawyer
• Mexico will poison us
• On the right side of God
• The republican tide
• The radical champion
• Republican star rising
• The governorship
• The man for the hour
• A grand era has dawned
• Communities at war
• The politics of command
• The lord is marching on
• The longest winter
• Emancipation
• Slaves no more
• Opening the eyes of the North and South
• The promise of winter
• This justice
• Thirteenth amendment
• Last months in the state house
• Working for the ages
• Post-war Yankee
• Epilogue : blessed servant leader.

"Widely known as the "poor man's lawyer" in antebellum Boston, John Albion Andrew (1818-1867) was involved in nearly every cause and case that advanced social and racial justice in Boston in the years preceding the Civil War. Inspired by the legacies of John Quincy Adams and Ralph Waldo Emerson, and mentored by Charles Sumner, Andrew devoted himself to the battle for equality. By day, he fought to protect those condemned to the death penalty, women seeking divorce, and fugitives ensnared by the Fugitive Slave Law. By night, he coordinated logistics and funding for the Underground Railroad as it ferried enslaved African Americans northward. In this revealing and accessible biography, Stephen D. Engle traces Andrew's life and legacy, giving this important, but largely forgotten, figure his due. Rising to national prominence during the Civil War years as the governor of Massachusetts, Andrew raised the African American regiment known as the Glorious 54th and rallied thousands of soldiers to the Union cause. Upon his sudden death in 1867, a correspondent for Harper's Weekly wrote, "Not since the news came of Abraham Lincoln's death were so many hearts truly smitten.""-- Provided by publisher.

• Methods of administrative decision making
• Legislative power and the nondelegation doctrine
• Notice and comment rulemaking
• Exceptions from rulemaking procedures
• Choosing between adjudication and rulemaking
• Allocation of adjudicative power
• Due process
• Formal agency adjudication
• Informal agency processes and actions
• Availability, timing, and venue of judicial review
• Judicial review of agency discretion
• Availability of monetary relief
• Executive control of agency discretion
• Legislative power and agency discretion
• Citizens' access to governmentally held information
• The Privacy Act
• Government in the Sunshine Act
• Statutory appendix.

"This treatise provides a comprehensively updated analysis of administrative law in the United States, placing special emphasis on topics undergoing significant evolution or transformation in the Supreme Court and federal courts of appeals. These include, for example, the latest developments in Congress's authority to delegate legislative authority to agencies, deference to agency legal interpretations, the so-called "major questions doctrine," modern due process issues, and the presidential appointments power. The fundamental purposes of this book are to assess and explain the current state of the core doctrines of administrative law, place the most important aspects of those doctrines in a historical context, and identify important trends that can help readers understand how the doctrines may continue to evolve. The book is intended to serve practitioners, scholars, and students of administrative law"-- Provided by publisher.

• Introduction
• The bankruptcy estate
• Claims
• Discharge
• Stays and injunctions
• Executory contracts and leases
• The avoiding powers
• Equitable subordination and substantive consolidation
• The consumer debtor in Chapters 7 and 13
• Operating the debtor and proposing a plan
• Confirming a Chapter 11 plan
• The sale alternative under Section 363
• The Bankruptcy Courts.

"Bussel, Skeel and Harner’s Eleventh Edition of Bankruptcy features the full canon of bankruptcy law developed under the Bankruptcy Code as amended over the last forty years up to and including the Small Business Reorganization Act of 2019 and the CARES Act of 2020. Professors Bussel and Skeel are especially proud to have recruited Judge Harner to assist them in updating their materials as bankruptcy law becomes more relevant than ever in the wake of the pandemic of 2020 and its ensuing economic dislocations. Carefully selected principal cases, thoughtful notes, and well-constructed problems explicate current law and connect it with bankruptcy’s rich history while engaging current scholarly and policy debates. Existing notes and problems have been refreshed and new authorities incorporated into new notes and problems as appropriate. Continuing reform efforts in the Code’s sale and reorganization provisions (including the new Subchapter V applicable to small businesses) are discussed. Transnational materials reflect Chapter 15’s coming of age and continuing developments in Europe and elsewhere addressing cooperative responses to evolving coordination challenges posed by insolvent multinational corporate groups and Brexit. Jurisdictional materials update the progress of the jurisdictional reset mandated by Stern v. Marshall. Current developments in executory contracts (Tempnology), avoiding powers (Merit Management and Tribune), and structured dismissals (Jevic) are all fully integrated into the Eleventh Edition even as the authors have endeavored to maintain the same manageable size and space limitations of earlier editions"-- Provided by publisher.

• Introduction and general considerations
• Sources and general limitations
• Constitutional limits on power to create crimes
• Criminal jurisdiction
• Mental states
• Acts : concurrence and consequences
• Insanity defense
• Insanity : procedural considerations
• Excuses and other conditions
• Justification
• Solicitation and attempt
• Conspiracy
• Parties : liability for conduct of another
• Murder
• Manslaughter : suicide assistance
• Physical harm and apprehension thereof
• Rape
• Confinement
• Theft
• Other personal property crimes
• Real property crimes.

"Major emphasis is placed on the basic premises of criminal law, including its sources and general limitations. This Hornbook provides detailed discussion on the topics of responsibility, justification and excuse, inchoate crimes, accomplice, and liability. Attention is also given to subjects such as causation, insanity, and conspiracy."-- Provided by publisher.

• Volume 1. Entries on transitional justice methods, processes, and practices
• Entries on transitional justice debates, controversies, and key questions
• Entries on transitional justice concepts and terms
• Volume 2. Country studies --
• Volume 3. Entries on transitional justice institutions and organizations.

"This comprehensive three-volume reference work collects and summarizes the wealth of information available in the field of transitional justice. Transitional justice is an emerging domain of inquiry that has gained importance with the regime changes in Latin America after the 1970s, the collapse of the European and Soviet communist regimes in 1989 and 1991, and the Arab revolutions of 2011, among others. The Encyclopedia of Transitional Justice, which offers 287 entries written by 166 scholars and practitioners drawn from diverse jurisdictions, includes detailed country studies; entries on transitional justice institutions and organizations; descriptions of transitional justice methods, processes, and practices; examinations of key debates and controversies; and a glossary of relevant terms and concepts. The Encyclopedia's accessible style will appeal to a broad audience interested in understanding how different countries have reckoned with post-conflict justice"-- Provided by publisher.

• Antitrust and the competitive process
• Market power as a basis for antitrust enforcement : effects and measurement
• Monopoly, monopsony, and attempts or conspiracies to monopolize
• Horizontal restraints
• Downstream power distribution restraints
• Distribution restraints based on upstream power : foreclosure and vertical maximum price restraints ; franchising abuses
• The antitrust law of mergers and acquisitions : background and enforcement institutions
• The antitrust law of mergers and acquisitions : the substantive cause of action
• The scope of antitrust
• Antitrust and intellectual property
• Government enforcement
• Private enforcement
• Antitrust in global markets : the extra territorial reach of unilateral rules, comparative antitrust, and conflicting national requirements and bilateral and multilateral efforts to resolve them.

"This treatise provides a statement of the law, visits unresolved issues and areas of controversy, and provides an assessment of the strengths and weaknesses of the various positions"-- Provided by publisher.

• The federal government as a civil litigant
• Federal sovereign immunity and statutory waivers
• Specific statutory waivers of sovereign immunity
• General statutory waivers of sovereign immunity
• Suits against federal officers or employees
• Binding the federal government
• Attorney's fees : limitations and awards
• The United States as plaintiff.

• Introduction : Ten threshold issues
• Muhammad (PBUH) before prophethood (570/571-610 A.D.)
• Muhammad (PBUH) as prophet (610-632 A.D.)
• Holy Qur'ān (610-650 A.D.) : revelation, compilation, and tenets
• Caliphs of Mecca and Medina (Rashidun) (632-661 A.D.)
• Umayyad Caliphate (661-750 A.D.)
• Abbasid Caliphate (750-1258 A.D.)
• The crusades (1095-1272 A.D.)
• Sunni - Shīʻite split (632-680 A.D.)
• Shīʻism and its Imāmate (680-940 A.D.)
• Ottoman Turkish Empire (11th Century-1923 A.D)
• Moghul Indian Empire (1504-1857 A.D.)
• Fundamental sources : Holy Qurʼān and Sunnah
• Secondary sources : Ījmaʻ and Qiyās
• Controversial additional sources
• Five pillars of Islam
• Four Sunnite schools of Islamic law
• Islam and capitalist economic growth
• Property law : ownership and property
• Property law : public property, private property, and possession
• Property law : protecting and restricting private ownership
• Contract law : general principles and contract formation
• Contract law : types of contracts
• Contract law : performance, terms, and remedies
• Business associations law : traditional types of partnership
• Business associations law : modern partnerships and agricultural ventures
• Banking law : risk (Gharar)
• Banking law : Interest (Ribā)
• Banking law : legal devices (Ḥiyal) and prohibition on interest (Ribā)
• Finance (Tamweel) : Islamic bonds (Ṣukūk) and securitization
• Finance (Tamweel) : types and risks of Islamic bonds (Ṣukūk)
• Finance (Tamweel) : insurance (Takaful) and transfers (Ḥawālah)
• Finance (Tamweel) : innovative instruments and markets
• Marriage and divorce
• Polygamy and mixed marriages
• Rights of wife
• Women and clothes
• Women and work
• Rearing children
• Contraception
• Abortion
• Wills (Waṣāyā), charitable trusts (Waqfs), and euthanasia
• Law of succession
• Key concepts
• Claims of God (Ḥaqq Allāh) : sex crimes
• Claims of God (Ḥaqq Allāh) : drinking and stealing
• Claims of God (Ḥaqq Allāh) : converting and religious freedom
• Private claims (Ḥaqq Ādamī)
• Overview of Iran's 1979 Islamic Republic Constitution
• Nine themes in Iran's 1979 Islamic Republic Constitution
• Law of war
• Jihād (struggle)
• Terrorism
• Taliban origins and America's longest war
• Taliban return to power.

"This critically-acclaimed treatise provides both newcomers and experts with clear, accessible, and comprehensive materials and critical comparative analyses for the study of Islamic Law. It embraces the entire history, religion, and law of Islam, both Sunni and Shī'a, and covers all pertinent fields: banking and finance, constitutional law, contracts, criminal law, family law, inheritance, international law, and property. The book includes a user-friendly Glossary of Arabic terms, in English, with diacritical marks to assist in pronunciation. Balanced, logically organized, and well-written, the text can be used without supplementation in a one-semester Islamic Law course, and it has been used in law schools and graduate programs around the world and in programs for United States Special Operations Forces. Every chapter is thoroughly updated to incorporate recent developments and scholarship, with new chapters on the Constitution of Iran, the Taliban, and the Afghanistan War"-- Provided by publisher.

• Main notions
• Methodological and conceptual frameworks
• Territorial sovereignty
• Collective security law
• The law applicable between belligerent States
• The law applicable between belligerent and non-belligerent States
• The law of diplomatic relations
• International economic law
• International human rights law
• State practice
• Opinio juris
• Conclusion.

"While espionage between states is a practice dating back centuries, the emergence of the internet revolutionized the types and scale of intelligence activities, creating drastic new challenges for the traditional legal frameworks governing them. This book argues that cyber-espionage has come to have an uneasy status in law: it is not prohibited, because spying does not result in an internationally wrongful act, but neither is it authorized or permitted, because states are free to resist foreign cyber-espionage activities. Rather than seeking further regulation, however, governments have remained purposefully silent, leaving them free to pursue cyber-espionage themselves at the same time as they adopt measures to prevent falling victim to it. Drawing on detailed analysis of state practice and examples from sovereignty, diplomacy, human rights and economic law, this book offers a comprehensive overview of the current legal status of cyber-espionage, as well as future directions for research and policy"-- Provided by publisher.

• Introduction
• The (positive) complementarity turn in international criminal justice
• Institutional design : regulating relations between states and International criminal tribunals
• International intervention and domestic prosecutions
• International intervention and capacity building
• International intervention and norm internalization
• In the court's shadow : maximizing accountability in unwilling or unable states
• Epilogue : Interrogating the ideology of (positive) complementarity : should the future of international criminal justice be domestic?

"The revival of international criminal tribunals in the mid-1990s has been followed by a renewed emphasis on domestic accountability for international crimes across the globe. In identifying a turn toward domestic accountability in the field of international criminal justice, this book studies how the shadow of international criminal tribunals shapes capacity building, norm internalisation and prosecutions of serious crimes at the national level. Drawing on research in Rwanda, the Democratic Republic of Congo and Sierra Leone, it argues that the 'fight against impunity' reveals dynamics of accommodation, iteration and isolation between states and tribunals. While international prosecutors and judges generally attempt to foster cooperation and decrease tension with government actors, an overly deferential posture vis-à-vis states reduces the likelihood of domestic accountability and may enable governments to consolidate authoritarian power. By interrogating how international accountability stakeholders support their domestic counterparts, this book advocates more dynamic interactions between tribunals and states so as to strengthen the enforcement of international criminal law. This book is suitable for academics and practitioners interested in international (criminal) law, human rights and transitional justice"-- Provided by publisher.

• Introduction
• Finding meaning in legislation
• Developing the purpose of discrimination law
• Social groups and disadvantage
• Interrogating the harm
• Values and legitimacy
• Institutional competence and redistribution
• Conclusion.

"This book explores the judiciary's role in achieving substantive equality utilising statutory discrimination law. The normative literature suggests that to eliminate discrimination, courts have to adopt a more substantive interpretation of discrimination laws, but the extent to which this has occurred is variable. The book tackles the problem by exploring the idea that there needs to be a 'creative' interpretation of discrimination law to achieve substantive results. The author asks: is a 'creative' interpretation of statutory discrimination law consistent with the institutional role of the judiciary? The author takes a comparative approach to the interpretation of non-discrimination rights by considering the interpretation of statutory discrimination law in the UK, Canada and Australia. The book explores the differences in doctrine that have developed by considering key controversies in discrimination law: Who does discrimination law protect? What is discrimination? When can discrimination be justified? The author argues that differences in the case law in each jurisdiction are explained by the way in which the appropriate role for the courts in rights review, norm elaboration and institutional competence is conceived in each studied jurisdiction. It provides valuable reading for academics, policy makers and those researching discrimination law and statutory human rights"-- Provided by publisher.

• Los pueblos indígenas y sus particularidades jurídicas
• Modelos de Estado y pueblos indígenas. Sistemas de gobierno
• Recepción de los derechos indígenas en el derecho constitucional y en el derecho internacional
• Principales derechos, principales tensiones
• Derecho fundamental a la identidad cultural
• Derechos territoriales
• Derecho a la gestión de los bienes comunes naturales
• Derecho a la consulta y al consentimiento previo, libre e informado
• Derecho a su propio derecho
• Más derechos
• Impactos de los derechos indígenas en la dogmática jurídica
• Aportes para efectivizar derechos
• La brecha de implementación.

• Setting the scene
• Investigations
• Restraint orders
• Management receivers
• Practice and procedure in Crown Court restraint and management receivership cases
• Applications to vary and discharge restraint orders
• Ancillary orders
• Enforcement of restraint and receivership orders : contempt of court
• Confiscation preliminary matters
• The confiscation hearing
• The confiscation hearing
• Reconsideration of confiscation orders
• Enforcement of confiscation orders
• The insolvent defendant
• Civil recovery: property freezing orders, receivers, unexplained wealth orders, interim freezing orders, and legal expenses
• Civil recovery: recovery orders, the ECHR, and pensions
• Civil recovery and taxation
• Civil forfeiture: the seizure and recovery of cash and other assets
• Third parties
• Appeals
• The international element
• Money laundering
• Disclosure of suspicious transactions
• Costs, funding issues, and compensation
• Terrorism and the proceeds of crime
• Bribery and corruption
• Sanctions.

"The proceeds of crime field continues to be one of the fastest moving areas of the law within the criminal justice system. New cases are reported on a weekly, sometimes daily, basis as well as frequently in the major law reports. Millington and Sutherland Williams on the Proceeds of Crime offers an extensive, authorative examination of proceeds of crime and confiscation legislation. It provides an easily navigable step-by-step approach that considers how the legislation is geared to ensuring that criminals do not benefit from their crimes financially, as well as detailed coverage of every stage of the confiscation process. The newest edition has been fully updated to include all important legislative changes since the publication of the fifth edition. A chapter dedicated to sanctions has been added, the impact of crypto currencies is examined, analysis is provided of Law Commission reports on Supicious Activity Reports and the Proceeds of Crime Act (POCA), and there is a new chapter focusing on part six of POCA. Previous editions have been recognised by governments, both national and international, for their focus on the importance of asset recovery as a vital weapon in the fight against organised crime and corruption. Millington and Sutherland Williams on The Proceeds of Crime is used in the Academy of European Law (ERA) as well as the libraries of the Chief Justices of Jamaica, Barbados, and Papua New Guinea. The book serves as an international guide, assisting barristers, solicitors, practitioners, and academics in navigating this often-complex area of the law" -- Provided by publisher.

• Introduction
• Assumptions, explanations, standpoint
• (Demo)liberal constitutionalism : genealogy and hegemony
• The crisis of (demo)liberal constitutionalism
• The Pandemic as a Derridean specter
• The reaction and possible future developments
• Conclusion.

"This book addresses recent changes in Central and Eastern Europe in order to critically consider the impact of illiberal conservatism on constitutionalism. Right-wing populism and the illiberal constitutionalism of Central and Eastern Europe has challenged both the dominant views of legal scholars and those elements of the legal mainstream that appeared to be firmly entrenched and resistant to change. But, as this book demonstrates, in practical terms, the anti-liberal right has made use of critical methods that were originally conceived as tools for use in emancipatory and left-wing action, absorbing and utilizing a great many of the ideas associated with critical jurisprudential thought. In short, this book maintains, conservative illiberalism has taken over the role that postmodernism could have played: the role of a 'jester discourse' relativizing the certainties and finality of liberal democracy. As the book argues, however what this connection reveals is the necessity of a legal and political response that does not simply, and hysterically, reaffirm the former liberal hegemony. Rather, drawing on Foucault and post-Marxism, it articulates a concept of agonistic democracy that aims to shift the center of gravity in constitutional discourse away from any naïve liberal faith in the nonpolitical. This book will appeal to constitutional lawyers, as well as to legal and political theorists with interests in contemporary populism and liberal thought"-- Provided by publisher.

• Introduction
• The notion of administration
• Public employees
• Public property
• Police (law enforcement)
• Public service
• Administrative acts
• Agreements of administration
• The notion of administrative liability
• The types of administrative liability
• Compensation liability of the public employees
• Factors effecting administrative lability.

"To realize public interest, the administration is granted with superior powers, namely public force. In return, in a state governed by the rule of law, a mechanism is needed to protect the rights of persons before “public force” and to secure the lawfulness of the “powerful” administration. Administrative law may be seen as a balance between public interest which is in favor of people as a community and public force which restricts the rights of persons. This book covers the general principles that administration should abide by, while serving for public interest by using public force"-- Provided by publisher.

"For nearly twenty years, EU antitrust enforcement has been governed by Regulation 1/2003, which ushered in a sweeping reform of the procedures for the application of Articles 101 and 102 TFEU. This systematic article-by-article expert commentary on the Regulation, with additional perspectives and critical views by particularly experienced and qualified authors, provides an in-depth examination of the Regulation's legal achievements, implications, and promise for the future. Analysis of each of the Regulation's articles covers such aspects as: legislative history; rationale and context; practice of the Commission and, where relevant, of the national competition authorities; case law of the Court of Justice of the European Union; international aspects; and outstanding and problematic issues. Along with many of the article commentaries, 'boxes' have been added on specific issues of particular salience. The critical reflections of the book's second part include perspectives from members and staff of the Court of Justice of the European Union and of the European Commission's Directorate General for Competition and Legal Service, heads of national competition authorities and of national courts, counsel, economists, consumer organizations, and academics. There are also comparisons with various aspects of antitrust enforcement in France, Germany, the Netherlands, and the United States"-- Provided by publisher.

• Introduction
• What is mass claims processing ?
• Class actions in the United States : past, present, and future
• The Deepwater Horizon Gulf oil spill and its consequences
• The September 11th victim compensation fund : reparations for terrorist attacks on U.S. soil
• In re Holocaust Victim Assets Litigation : a hybrid U.S. mass claims action
• International mass claims reparations for Holocaust claims : claims resolution tribunal for dormant accounts in Switzerland (CRT-I and CRT-II)
• Global mass claims reparation : the United Nations Compensation Commission
• Compensating losses in future international mass claims processes.

"Mass claims have historically allowed victims of wrongdoing on an extensive scale to be compensated for losses suffered. This insightful book surveys and evaluates both domestic and international mass claims processes, delineating their successes and failures in providing this compensation. Through an in-depth examination of the efficacy and efficiency of mass claims processes, Jason Scott Palmer analyses the actors involved and their roles, such as those who provide reparations and why these reparations are provided. Palmer carefully considers the utility of potential future mass claims reparations regimes through the use of hypothetical mass claims property losses, based on highly relevant case studies such as the Israeli-Palestinian conflict. He emphasizes that, to fully understand mass claims reparations programs, one must inspect the complete process of reparations funding and distribution. Academics researching domestic and international mass claims processes will find the historical analysis within this book to be essential. Due to its practical implications, practitioners engaged in litigating or designing mass claims processes will additionally benefit from its scope"-- Provided by publisher.

• Introduction : The rule of law's anatomy in the EU / Allan Rosas, Juha Raitio, and Pekka Pohjankoski
• Democracy and the rule of law : odd bedfellows or Siamese twins? / Allan Rosas
• The rule of law and the EU : responsibility, independence, and rights / Paul Craig
• Illiberal democracy and rule by law from an EU perspective / Sanja Bogojević and Xavier Groussot
• The rule of law and legal certainty / Juha Raitio
• The primacy of the rule of law and member states' constitutional identities / Leonard FM Besselink
• EU minimum requirements for judicial independence and impartiality as interpreted by the European Court of Justice / Niilo Jääskinen
• An active EU rule-of-law policy / Werner Schroeder
• Acting before it is too late : promoting democracy and the rule of law in the member states of the EU / Paul Nemitz
• Infringement proceedings as a tool for enforcing the rule of law in EU member states-a critical review / Joni Heliskoski
• Of carrots and sticks : constitutional limits to rule-of-law conditionality / Pekka Pohjankoski
• Tackling EU conditionality with the Hungarian legal manoeuvres / Katalin Miklóssy
• Promoting the rule of law in EU external relations : a conceptual framework / Inge Govaere
• The EU's Magnitsky Act : an innovative tool fit for the enforcement of human rights and rule of law worldwide? / Steven Blockmans.

"This masterful collection draws on the expertise of scholars and jurists on the place of the rule of law in the EU's constitutional order"-- Provided by publisher.

"Standing in Private Law: Powers of Enforcement in the Law of Obligations and Trusts develops the idea that we should attend more to 'standing', conceived as a power to hold another accountable before a court as a distinct private law concept. Prominent lawyers have claimed that private law does not have or need standing rules, yet this seems implausible. If private law is obligation-imposing, we need rules about who can sue on these obligations to hold their bearers accountable. This book argues that a reason why standing has been relatively overlooked and under-conceptualized, receiving meagre attention from private lawyers, is because it has been obscured from plain sight: it has been swallowed up by the more dominant and capacious concept of a 'right'. However, standing is a distinct and separable private law concept that can and should be distinguished more clearly from 'right'. Doing so is necessary for the continued rational development of private law doctrine. It is also necessary for a deeper theoretical understanding of standing's significance, and its place within the remedial apparatus of private law. This book argues that an implicit standing rule exists across the law of obligations. It examines its justifiability, and the justifiability of exceptions to the rule. It also shows how and why recognizing standing's distinctiveness can help us to interpret, develop, and resolve debates within different areas of private law, including the laws of contract, torts, unjust enrichments, and relatedly, the law of trusts"-- Provided by publisher.

• The sources and context of lawyers' ethics
• Understanding lawyer's ethics : partisanship and resolute representation
• The lawyer-client relationship
• The practice of advocacy
• Lawyer-client trust and confidence
• Conflicts of interest
• The perjury trilemma
• Examining witnesses : preparation of witnesses and cross-examination
• Lawyers' ethics in the context of criminal law
• Resolute advocacy and access to justice.

"Legal ethics experts Alice Woolley and Amy Salyzyn have written a thorough and scholarly review of the legal and ethical duties every lawyer should follow to manage risk and make prudent decisions in everyday practice. This useful text sets out numerous ethical issues lawyers face in their dealings with clients - complete with analysis, commentary and insight. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice. This book is highly recommended for every lawyer who wishes to represent his or her client to the fullest, while at the same time, remain within the boundaries of legality and of ethical practice."-- Provided by publisher.

• Inter- and trans-disciplinary research in the energy sector : an overview / Giulia Sonetti and Osman Arrobbio
• Energy governance models / Hannah J. Wiseman
• Meanings of energy justice in the low-carbon transition / Lovleen Bhullar
• Energy policy instruments for a low-carbon energy transition / Kenneth Richards
• Implementation and enforcement mechanisms in energy law / Lisa Benjamin and Kate McCallum
• Interaction between renewable energy integration and wholesale electricity markets : a legal and regulatory perspective / Lan Wu
• The role of natural gas in the energy transition / Shaimerden Chikanayev
• Nuclear energy and the low-carbon transition : exploring potential trade-offs and risks involved with enhancing energy access while fighting climate change / Kangwa-Musole George Chisanga
• Accelerating the phase out of coal in Australia : key trends and drivers / John Wiseman
• The changing role of energy networks in the energy transition / Anne Kallies
• Legal/policy tools and strategies for hydrogen in the low-carbon transition / Kennedy Chege
• The financial side of energy markets / Liebrich M. Hiemstra
• Greening global value chains / Katerina Mitkidis
• Energy transitions and the emerging energy law in Africa / Michael Addaney and Bernard Kengni
• Energy transition pathways for Asia and the Pacific : regulatory policies and challenges for renewable energy development / Hao Zhang
• Governing for net-zero in the European Union / Sirja-Leena Penttinen
• The low-carbon transition in North America / James W. Coleman
• Legal pathways to decarbonization in Latin America / Isabella Bellera Landa, Blair Trahan and Ashley Otilia Nemeth
• Energy law and regulation in Australia / Lee Godden
• Brazil's energy transition and climate litigation / Guilherme J.S. Leal and Mariana Miranda
• Legal pathways of decarbonization in China : the emissions trading perspective / Claire Nan Guo
• Chronicling energy law in India in the era of low-carbon transition / Uday Shankar and Arindam Basu
• Energy law in the low-carbon transition in Japan : the tough road to a low-carbon society after the Fukushima nuclear crash / Satoshi Kurokawa
• Mexico : energy transition in an uncertain legal and institutional setting / Marisol Angles-Hernandez and Jose Maria Valenzuela
• Polish pathway to just transition : energy law and policy trapped between sustainability and security of supply / Mariusz Swora
• Energy communities : comparative perspectives from the EU and the US / Annalisa Savaresi and Uma Outka
• Realizing peer-to-peer trading in the electricity market in the EU and its member states / Saskia Lavrijssen, Leonie Reins and Thijs ten Caten
• Subnational policies driving low-carbon mobility in the United States / Alexandra B. Klass and Christopher Cerny
• The role of cities in low(er)-carbon transition / Anel du Plessis and Chantelle G Moyo
• Legal knowledge for the low-carbon transition / Giuseppe Bellantuono, Lee Godden, Hanri Mostert, Hannah Wiseman and Hao Zhang.

"The transition to low-carbon energy is ongoing everywhere. This book, written by a group of senior and junior scholars from six continents and nineteen countries, explores the legal pathways of decarbonisation in the energy sector. What emerges is a composite picture. There are many roadblocks, but also a lot of legal innovation. The volume distills the legal knowledge which should help move forward the transition. Questions addressed include the differences between the decarbonization strategies of developed and developing countries, the pace of the transition, the management of multi-level governance systems, the pros and cons of different policy instruments, the planning of low-carbon infrastructures, the roles and meanings of energy justice" -- Provided by the publisher.

• 'Civilised nations' and the colour line
• The Great War and the fragile peace
• Mandates, minorities, and the League of Nations
• The United Nations Charter
• Early years of the United Nations
• The International Bill of Rights
• UNESCO : fighting the doctrine of racial inequality
• Colonialism and neo-colonialism at the United Nations
• The international convention on the elimination of all forms of racial discrimination
• Apartheid
• Racial discrimination as a crime against humanity
• Days, years, decades, and conferences on racial discrimination chapter
• The colour line's long twentieth century.

"Racism and racial discrimination emerged as themes in public international law at the end of the First World War. This was a consequence of the participation of countries from the Global South who had hitherto been excluded from international law making. A Japanese proposal to recognise racial equality in the Covenant of the League of Nations was vetoed by President Wilson. The battle against racial discrimination at the international level really began with the United Nations, in 1946. The Global South pushed for action to deal with racism in South Africa, for example, among several other initiatives directed at racial discrimination. In the first decades of the United Nations, campaigns against racial discrimination were the beating heart of the human rights activities of the organisation. Major landmarks include the adoption of the 1965 Convention on the Elimination of Racial Discrimination and the 1973 Convention Against Apartheid. Important mechanisms in human rights were often instigated in measures directed at racial discrimination. These were invariable pushed by States of the Global South and obstructed by governments of Europe and North America. When the apartheid regime finally fell, in 1990, international activities were recalibrated with a focus on xenophobia. But the issue of racism and racial discrimination, directed principally at people of colour, returned with the 2001 Durban Conference. Tensions have continued about a range of issues, including reparations for slavery and the slave trade. In 2020, the murder of George Floyd prompted renewed activity. This book narrates the history of racism and racial discrimination in international law, challenging the narrative that human rights are a creation of the Global North while demonstrating the decisive contribution of the Global South"-- Provided by publisher.

"The COVID-19 pandemic and the global response to it has led to a major upheaval of the international banking sector. This book has an international reach and constitutes a blend between theory and international, EU, comparative and national law and practice, with the primary purpose to review the impact of the COVID-19 pandemic on the architecture and content of international monetary and banking law. Part I is focused on this aspect, considering the response of international financial fora and some major central banks all over the globe to the crisis. A secondary purpose is considered in parts II and III, offering a thorough overview, analysis, and discussion of two main issues which currently are of a significant importance for, and have heavy impact on, the law governing monetary policy and relations, banking regulation and payment systems law: (i) digitalisation of money and finance and (ii) sustainable finance. Other selected legal aspects relating to central banking, as well as to banking regulation and supervision are finally discussed in Part IV, and in particular central banks' independence and accountability, unconventional monetary policies, comparative aspects of central banking and banking failures, legal aspects of monetary integration, and the legal nature of financial standards"-- Provided by publisher.

• The 'regime of islands' in international law
• Contrasting islands with other maritime features
• Definitional elements of an island
• Islands and the delimitation of maritime zones
• The contextual approach to islands.

"This ground-breaking book challenges legal orthodoxy, presenting an original approach to the treatment of islands in international law. It offers a new perspective on how to define islands in international law, questioning how they differ from other maritime features. It focuses on the contextual factors that bear upon the legal treatment of islands, recognizing that, in practice, islands have varied and unequal impacts and arguing that greater focus on context is needed to understand legal outcomes, particularly those concerning maritime boundary delimitation"-- Provided by publisher.

• 1. Les inégalités environnementales subies par l'Afrique
• La pollution due à la fast fashion en Afrique
• L'Afrique considérée comme : "La poubelle de l'Occident"
• Un phénomène qui a pignon sur rue
• Que désigne la pollution due à la fast fashion ?
• La persistance des POP (polluants organiques persistants) liés à la fast fashion sur l'environnement en Afrique
• Définition et persistance des polluants organiques persistants
• Propositions, actions possibles contre la destruction des écosystèmes par la fast fashion
• La pollution due aux déchets radioactifs
• Les déchets radioactifs issus de l'exploitation des mines africaines par des entreprises étrangères
• Niger : A Arlit, Les gisements d'uranium exploités par Orano (ex-Areva) empoisonnent la population
• Mounana, au Gabon
• Les déchets radio actifs issus de l'exploitation des mines d'autres continents
• Somalie - Toxic Somalia
• Les déchets radioactifs issus des essais chimiques et nucléaires
• Sahara : des déchets radioactifs français enfouis sous le sable
• Les déchets radioactifs chinois découverts dans le port d'Alger relancent la polémique du trafic"
• La complexité du phénomène des migrations climatiques
• Définition des migrations climatiques
• La complexité du phénomène des migrations climatiques accentuée par d'autres motifs
• Les divergences conceptuelles inhérentes à l'encadrement juridique international
• La nécessité d'une définition du statut du migrant climatique par le droit international
• 2. L'Afrique, continent exemplaire de la lutte contre la pollution due au plastique non biodégradable à usage unique
• Les pays références de l'interdiction des sacs en plastique à usage unique, non biodégradables en Afrique
• Le Rwanda, le parfait exemple d'Afrique de l'Est
• Le Maroc-Un pays exemplaire en Afrique du Nord
• Les difficultés de quelques pays africains dans la mise en œuvre des législations contre le plastique à usage unique
• Bénin : les difficultés de la lutte dans un pays d'Afrique de l'Ouest
• Kenya : des efforts perceptibles d'un pays en Afrique de l'Est : Une répression sévère
• Tunisie : la difficile entrée en vigueur de la législation
• Cameroun :les difficultés de la lutte dans un pays d'Afrique centrale
• Afrique du Sud : malgré l'absence d'un texte de loi, l'élimination des sacs en plastique n'est plus une pratique exemplaire mais un engagement de la plus haute importance et de la plus grande nécessité
• Les solutions dans la lutte contre l'usage du plastique à usage unique (non biodégradable) en Afrique depuis des décennies
• L'usage des emballages en papier dans les activités quotidiennes depuis des décennies
• La promotion de la production des sacs à décomposition naturelle (biodégradables) en Afrique
• La reforestation - Contre La déforestation liée au remplacement par le sac en papier
• Wangari Muta Maathai est l'une des pionnières du reboisement en Afrique
• La grande muraille verte
• 3. Saga des procès pour l'environnement à travers le monde
• La multiplication des affaires liées au changement climatique devant la CEDH
• Affaires déjà déclarées irrecevables
• Humane Being et autres c. Royaume-Uni (n° 36959/22)
• Plan B. Earth et autres c. Royaume-Uni (n° 35057/22)
• Affaires pendantes relatives au Changement climatique
• Verein Klimaseniorinnen Schweiz et autres c. Suisse, -Carême c. France
• Duarte Agostinho et autres c. Portugal et 32 États
• Affaires ajournées
• Uricchio c. Italie et 31 autres États (requête n° 14615/21) et De Conto
• Greenpeace Nordic et autres c. Norvège (n° 34068/21)
• Les avis et décisions rendus par la Cour interaméricaine des droits de l'Homme
• Lhaka Honhat contre l'Argentine : La Cour interaméricaine reconnaît les droits à l'alimentation, l'eau, un environnement sain et l'identité culturelle
• Colombie- Avis consultatif OC-23/17
• La Cour interaméricaine des droits de l'homme réaffirme le droit à un environnement sain
• Asie/inde : La victoire du mouvement social des agriculteurs en Inde sur le Géant mondial de l'acier
• 4. La nécessité d'une cour internationale pour le climat
• La compétence limitée de la CPI
• Crimes relevant de la compétence de la Cour
• Application limitée de l'article 8
• L'émergence des tribunaux populaires : judiciarisation des dommages infligés à l'environnement
• Les limites de la Cour internationale de Justice (CIJ)
• Compétence encadrée de la CIC (cour internationale pour le climat) rationae materiae et rationae loti.

"Cet ouvrage soulève la nécessité de créer une CIC (Cour internationale pour le Climat) afin de réparer et réduire les inégalités environnementales subies par l'Afrique, ainsi que les petits États insulaires en développement, qui, par leur situation géographique et leur niveau de développement, sont lésés ou spécialement atteints par les effets néfastes des changements climatiques. Les émissions excessives de gaz à effet de serre, la pollution due à la fast fashion ; aux déchets radioactifs ; ainsi que la complexité du phénomène des migrations climatiques altèrent gravement la protection de l'environnement par et sur le continent africain. L'Afrique, avec ses projets tel : la grande muraille verte, œuvre pour la restauration de l'environnement. La multiplication des affaires devant la CEDH, et la Cour IDH, du fait que l'exercice de certains des droits garantis par les Conventions peut être compromis par la dégradation de l'environnement et l'exposition à des risques environnementaux montre l'évidente nécessité d'une CIC (Cour internationale pour le Climat) afin de réduire les inégalités environnementales."--Page 4 of cover.

• Introduction: The perils of platform misgovernance
• The nature and problems of platforms
• The enterprise of platform governance development
• The problem of platform knowledge
• The problem of platform self-control
• Actually existing platform self-constraint ... up to a point : the meta oversight board
• Platform democracy now!
• Conclusion: How liberal-democratic governments can act now.

"The inability of platform companies like Facebook, Google, and Amazon to govern their users has led to counterfeit N95s in a pandemic, corrupted elections, and even a genocide. The Networked Leviathan offers policymakers and companies a democratic program to help them prevent such disasters in the future"-- Provided by publisher.

• Introduction / Michael Bohlander, Gerhard Kemp and Mark Webster
• The emergence and global spread of SARS-CoV-2, and clinical and virological features / Thomas Christie Williams
• Brazil / Denis De Castro Halis
• England / Natalie Wortley and Birju Kotecha
• France / Caroline Fournet and Frédéric Rolland
• Germany / Michael Bohlander
• India / Suman Dash Bhattamishra
• Indonesia / Topo Santoso
• Iran / Mohammad M Hedayati-Kakhki
• People's Republic of China / Andra Le Roux-Kemp
• South Africa / Gerhard Kemp
• Spain / Alejandro De Pablo
• Sweden / Dennis Martinsson
• Turkey / Murat Önok
• United States of America / Phillip Weiner and Dana Curhan
• COVID-19 and crimes against humanity / Gerhard Kemp.

"This book addresses potential avenues of criminal liability for public health crisis management in the context of the COVID-19 pandemic, under national and international criminal law, especially for causing death and bodily harm. The national case studies are geographically representative and follow a common research grid. Each national case study is prefaced by an overview of the detection and subsequent spread of the pandemic in the country concerned. The relevant legal and constitutional frameworks that governed the government and corporate conduct in the face of the pandemic are also discussed, followed by the consideration of forms of criminal liability. Government responses to the COVID-19 pandemic differed vastly in terms of both the choice of strategies adopted (herd immunity, test-and-trace, lockdown, etc) and the quality and speed of government implementation of those strategies and associated interventions. Both factors impacted the number of infections and casualties. It is therefore appropriate to consider forms of criminal liability for failure of individual members of government, including specific public authorities, to act to the best of their abilities, as timely as possible, and in accordance with expert advice"-- Provided by publisher.

• Introduction to Referendum authorization procedures in Europe
• European trends in referendum authorization
• The legal rules on referendums in the selected states
• The nature of the referendum authorization procedure
• Procedural guarantees in referendum authorization
• Impartiality and independence of the decision-maker
• Right to a reasoned decision
• Right to be heard and other participation rights
• Right to an effective remedy
• Conclusions on referendum authorization procedures in Europe

"Exploring the referenda practices of eight European states, this book unpacks the intricacies of the institutional and procedural settings of referendum authorization to reach an equilibrium between the exercise of popular sovereignty and the protection of rule of law. The book also examines how by authorising certain issues and refusing others, state institutions can exercise considerable control over the whole referendum process. Outlining how the rise of populist political parties and governments in Europe have brought direct democracy to the fore, this future-oriented book highlights four procedural guarantees that are compatible with democratic referendum authorization procedures. These include the independence and impartiality of the decision-maker, the right to a reasoned decision, the right to be heard, and the right to an effective remedy. Using comparative analysis and data collection, the book demonstrates why these guarantees are minimum requirements to ensure that the rights of the initiators and voters are represented in the procedure and therefore reduce the risk of arbitrary decision-making. This state-of-the-art title will be an invaluable resource for academics and students of constitutional and administrative law, politics and public policy. With its practical application, governmental policymakers and practitioners will benefit widely from the book"-- Provided by publisher.

• Introduction to A research agenda for water law / Vanessa Casado Pérez and Rhett Larson
• "Giant steps" : how technology is shaping international water law / Makane Moïse Mbengue and Elena Cima
• Ensuring water security in the Brahmaputra Basin : shift from conflict to cooperation / Abhishek Chakravarty
• The grand Ethiopian Renaissance Dam and water law in Africa / John Mukum Mbaku
• The regulatory journey towards biological indicators in assessing water quality / Aleksandra Čavoški and Robert Lee
• Repairing our relationship with rivers : water law and legal personhood / Erin O'Donnell
• The concept of water for indigenous people in Ecuador : how it is regulated in the water law regime / Andrés Martínez-Moscoso and Israel Castro-Enríquez
• International water law and climate change / Mara Tignino and Tadesse Kebebew
• Water law and municipal water in an era of technological development / Alberto Quintavalla
• Remembering the ocean in water law / Robin Kundis Craig
• Water markets agonistes / Barton H. Thompson, Jr.
• Conclusions : A research agenda for the water law of the future / Vanessa Casado Pérez and Rhett Larson.

"Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary. This timely Research Agenda provides imaginative solutions to existing and emerging challenges for the study, application, and development of water law. It argues for a dynamic approach to water law, anticipating how water and its relationship to humanity will shift due to climate change, modern societal norms and values, and technological innovation. Bringing together leading experts and rising new voices, this Research Agenda analyses local, national, and international water law. It explores the pressing issues of today and tomorrow, and identifies areas for further research to ensure legal regimes can respond to future challenges for water provision. Contributors consider the legal personhood of rivers, water quality, international basins, water markets, and the role of indigenous groups in water management. Ultimately, this Research Agenda provides a portfolio of options for responding to the uncertain natural, social, and political future of water. Providing a cutting-edge overview of the challenges facing water law locally, nationally, and internationally, A Research Agenda for Water Law will be a valuable resource for scholars of water law, environmental law, and public international law. It will also be essential reading for policy-makers seeking to build future-facing water law regimes"-- Provided by publisher.

"This original book fills a significant gap in legal literature by providing an exploration of research methodologies in public law, a field of research in which research methods are becoming increasingly prominent and sophisticated. Featuring thoughtful chapters written by leading scholars in the field, this book provides a thorough explanation of the key features, characteristics, and challenges of distinct methodological approaches to public law research. Divided into four broad categories; traditional, institutional, technical and critical, chapters cover a wide range of approaches, from doctrinal and interpretive methods to empirical, socio-legal, and Marxist approaches. The book promotes critical reflection on many of the most common methodological approaches and aims to demystify research methodologies in public law for new scholars and interdisciplinary researchers alike. Researching Public Law in Common Law Systems will be essential reading for academics and students in public law, suitable for advanced scholars and those who are new to the field. It will also be relevant to those with an interest in empirical methods, legal methods, and research methodologies more broadly in the social sciences."

• Individual debt collection outside of bankruptcy
• Bankruptcy as collective debt collection remedy
• Commencement of the case
• The automatic stay
• Claims against the estate
• The bankruptcy estate
• Executory contracts
• The avoiding powers
• Managing the estate
• Priorities in distribution
• The fresh start for individual debtors
• Adjustments of individual debt in chapter 13
• Corporate reorganizations in chapter 11.

"This edition retains the structure of the casebook's earlier editions, but expands its focus to capture the ways that current bankruptcy practice has been reshaped by lawyers and judges. The book reflects a continued commitment to the casebook's original account of bankruptcy law's logic and limits for individual debtors under Chapters 7 and 13 and for corporate debtors under Chapter 11. The updated material takes the book beyond this fundamental approach and adds a focus on modern practice, including new sections that address reorganization plan negotiation, gifting, structured dismissals, and third-party releases, among other important developments. In these ways, the new edition looks backwards and forwards simultaneously toward a more complete understanding of the subject"-- Provided by publisher.

• Introduction : Charting limitations / Haochen Sun
• Externalizing trademark's limits / Mark McKenna
• The role of creativity in granting and limiting trademark rights / Jeanne Fromer
• Logo hacking, down-market irony, counterfeit chic : a study of contemporary fashion trends and their implications for trademark law / David Tan
• Gripe Sites & trademark user rights : lessons from Canada's Cooperstock case, Carys Craig
• Fame, parody, and policing in trademark law / Mark Lemley
• Safeguarding freedom of artistic expression in the EU : towards a legal presumption of fair use / Martin Senftleben
• Limitations on pharmaceutical trade marks in Britain in the twentieth century / Lionel Bently
• The exceptional nature of the right to control use in advertising / Robert G. Burrell
• Reimagining trade mark exhaustion : does Australia's new defense offer a way forward? / Michael Handler
• Creative destruction of the civil law tradition : lessons from Chinese trademark law / Haochen Sun
• Limitations of trademark rights in major Asian jurisdictions / Kung-Chung Liu
• The constitutional basis for trademark parodies in India and South Africa / Arpan Banerjee
• Trademark parody under Japanese trademark law : finding the line of Japanese humor / Christoph Rademacher & Roberto Carapeto.

"Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law"-- Provided by publisher.

"The Holy Places of Jerusalem's Old City are among the most contested sites in the world and the 'ground zero' of the Israeli-Palestinian conflict. Tensions regarding control are rooted in misperceptions over the status of the sites, the role of external bodies such as religious organizations and civil society, and misunderstanding regarding the political roles of the many actors associated with the sites. In this volume, Marshall J. Breger and Leonard M. Hammer clarify a complex and fraught situation by providing insight into the laws and rules pertaining to Jerusalem's holy sites. Providing a compendium of important legal sources and broad-form policy analysis, they show how laws pertaining to Holy Places have been implemented and engaged. The book weaves aspects of history, politics, and religion that have played a role in creation and identification of the 'law.' It also offers solutions for solving some of the central challenges related to the creation, control, and use of Holy Places in Jerusalem"-- Provided by publisher.

• General introduction
• The Nature of duress
• Is the pressure illegitimate?
• Causation and absence of reasonable alternative
• Types of duress
• Introduction to Part II
• Equitable undue influence
• Actual undue influence
• Presumed undue influence
• Presumed undue influence : a relationship of influence
• Presumed undue influence : a transaction that calls for explanation
• Rebutting the presumption of undue influence
• Undue influence in probate law
• Abuse of confidence
• Introduction to Part III
• Was the claimant at a serious disadvantage?
• Is the defendant's conduct unconscionable?
• Is the transaction overreaching and oppressive?
• Independent advice
• Scope of unconscionable dealing
• Introduction to Part IV
• The doctrine of agency
• Actual and constructive notice
• Constructive notice : when is a party put on inquiry?
• Steps to be taken by a creditor put on inquiry
• Comparison with equivalent doctrines in Australia and Scotland
• Introduction to Part V
• Remedies
• Equitable defences.

"Duress, Undue, Influence and Unconscionable Dealing are grounds on which a contract can be set aside because the claimant was induced to enter into it by means which the law considers unacceptable. Professor Enonchong provides a detailed and rigorous analysis of the circumstances where an otherwise valid transaction can be avoided on each of these grounds. Duress : Duress is a common law doctrine under which a contract may be avoided where the complainant was induced to enter into it by illegitimate pressure, such as a threat of physical violence, a threat to seize or damage property or economic pressure. Undue Influence : There are two doctrines of undue influence: the equitable doctrine of undue influence is concerned with lifetime transactions (such as contracts), while the probate doctrine of undue influence is concerned with wills. The equitable doctrine of undue influence deals with cases where one person has acquired influence over another, and the ascendant person abuses that influence to induce the other person to enter into a lifetime transaction. It includes an evidential presumption of undue influence in certain cases. Probate undue influence applies in relation to wills. It allows the court to refuse to admit a will to probate where the testator was induced to sign the will by the exercise of undue influence. Unlike equitable undue influence, probate undue influence does not include an evidential presumption of undue influence. Abuse of Confidence : The book also discusses the equitable doctrine of abuse of confidence, which is sometimes confused with, but is different from, the equitable doctrine of undue influence. The doctrine of abuse of confidence is concerned to protect a person (the principal) who has placed confidence in another person (the fiduciary) from abuse of that confidence in any transaction between the fiduciary and the principal (as where a solicitor buys property from his client). Unconscionable dealing : Unconscionable dealing or unconscionable bargains is an equitable doctrine that provides protection to weaker parties in certain situations. The court will intervene on this ground to set aside a contract where, at the time of the contract: one party was suffering from some serious disadvantage, such as poverty, ignorance, illness, or otherwise, so that the circumstances existed of which unfair advantage could be taken; that weakness was exploited by the other party ("the stronger party") in a morally reprehensible manner; and the resulting transaction is extremely one-sided in favour of the stronger party" -- Provided by publisher.

• Islam and political development
• Explaining civic passivity, illiberalism, and lawlessness
• Non-governmental organizations under Islamic Law
• The political impotence of Islamic Waqfs
• Waqf corruption and its degradation of civic life
• The Islamic Waqf's long civic shadows
• Religious freedoms in Islamic history
• Marginalization of Islam
• Resurgence of assertive Islamism
• Religious diversification, in fact and in law
• The absence of liberal schisms
• Unshackled states, shallow economic governance
• Politically powerless entrepreneurs and enterprises
• Islamism's missed opportunities to promote liberalisms
• Islamic institutions and Muslim freedom.

"Freedoms Delayed is written for educated readers interested in the deep historical forces that account for the Middle East's poor record on basic human freedoms. It shows that the region's traditional institutions are critical to both understanding its political history and identifying its potential for liberalization on various fronts"-- Provided by publisher.