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Book
xii, 122 pages ; 23 cm.
  • Introduction
  • Criminal justice system
  • Hybrid sanctions
  • Immigration and citizenship
  • Lessons.
Jessie Blackbourn is a research fellow at the Centre for Socio-Legal Studies at the University of Oxford, UK. Deniz Kayis is currently the Associate for Chief Justice Allsop AO of the Federal Court of Australia. Nicola McGarrity is a senior lecturer and the Director of the Terrorism Law Reform Project at the University of New South Wales, Australia.
(source: Nielsen Book Data)9781138093379 20180508
Law Library (Crown)
Book
xliii, 539 pages : form ; 26 cm
Law Library (Crown)
Book
x, 225 pages ; 24 cm
  • Regulatory parity in post-Brexit UK-EU financial regulation : EU norms, international financial standards, or a hybrid model? / Eilís Ferran
  • The UK financial market : free movement of persons / Catherine Barnard
  • EU financial governance after Brexit : the rise of technocracy and the absorption of the UK's withdrawal / Niamh Moloney
  • The UK's third-country status following Brexit : post-Brexit models, third-country equivalence, and Switzerland / Kern Alexander
  • The "default option", the WTO, and cross-border financial services trade after Brexit / Andrew Lang.
This timely book examines the legal and regulatory implications of Brexit for financial services. The UK's withdrawal from the EU is likely to have significant market, political, and policy consequences for the UK financial system, for the single market and the euro area, and for the international financial system. As the UK disentangles its financial system from the EU, law will matter to a profound extent. Treaties, legislation, and regulation, at UK, EU, and international levels, and the many dynamics and interests which drive them, will frame and shape the ultimate settlement between the UK and the EU. Law will also shape how the EU financial system develops post-Brexit and how the international financial system responds. Written by leading authorities in the field, this book addresses and contextualises the legal, regulatory, and policy issues across five dimensions, which correspond to the major legal spheres engaged: financial regulation implications and market access consequences for the UK financial system; labour law and free movement consequences for the UK financial system; the implications internally for EU financial governance and the euro area; the implications and relevance of the EEA/EFTA financial services market; and the trade law and World Trade Organization law implications.
(source: Nielsen Book Data)9781509915804 20180409
Law Library (Crown)
Book
xv, 278 pages : illustrations (some color) ; 22 cm.
Law Library (Crown)
Book
xiv, 336 pages ; 25 cm
  • Brexit and international trade : one year after the referendum / Valerie Hughes
  • Squaring the circle : the search for an accommodation between the European Union and the United Kingdom / Armand de Mestral
  • Renegotiating the EU-UK trade relationship : lessons from NAFTA / David A. Gantz
  • Trade policy in the age of populism : why the new bilateralism will not work / Thomas Cottier
  • Brexit and financial services : navigating through the complexity of exit scenarios / Maziar Peihani
  • How does it feel to be a third country? The consequences of Brexit for financial market law / Matthias Lehmann and Dirk Zetzsche
  • Cross-border insolvencies after Brexit : views from the United Kingdom and Continental Europe / Howard P. Morris, Gabriel Moss, Federico M. Mucciarelli, and Christoph G. Paulus
  • Failing financial institutions : how will Brexit impact cross-border cooperation in recovery, reconstruction and insolvency processes? / Dorothy Livingston
  • UK patent law and copyright law after Brexit : potential consequences / Luke McDonagh
  • The effect of Brexit on trademarks, designs and other “Europeanized” areas of intellectual property law in the United Kingdom / Marc Mimler
  • Brexit and environmental law : the rocky road ahead / Markus Gehring and Freedom-Kai Phillips
  • Advancing environmental justice in a post-Brexit United Kingdom / Damilola S. Olawuyi
  • Brexit and international environmental law / Richard Macrory and Joe Newbigin
  • Brexit, Brexatom, the environment and future international relations / Stephen Tromans
  • Lessons from Brexit : reconciling international and constitutional aspirations / Oonagh E. Fitzgerald
  • Brexit and human rights / Colm O’Cinneide
  • Brexit : can the United Kingdom change its mind? / Helen Mountfield
  • Conclusion / Oonagh E. Fitzgerald and Eva Lein.
"This book explores the implications of the United Kingdom's departure from the United Kingdom from an international law perspective in the areas of financial services, trade, intellectual property, the environment and human rights."-- Publisher's description.
Law Library (Crown)
Book
xi, 215 pages ; 24 cm.
  • Preface
  • Introduction
  • Constitutional democracy in India : an ideational battle
  • The British initiatives in constitutionalizing India
  • Designing of constitutional democracy in India : the Constituent Assembly's inputs
  • Indian democracy : reconceptualizing liberalism in a non-Western context
  • Changing texture of Indian polity : the 2014 national poll
  • Judiciary and constitutional democracy in India
  • Conclusion.
Constitutional democracy is both a structure of governance and a way of providing an ideological perspective on governance. The 1950 Constitution of India established constitutional democracy in India and the narrative of the rise and consolidation of constitutional democracy in India cannot be understood without comprehending the politico-ideological processes that consolidated simultaneously both colonialism and constitutional liberalism. This book examines the processes leading to constitutionalizing India and challenges the conventional idea that the Constitution of India is a borrowed doctrine. A careful study of the processes reveals that the 1950 Constitution was the culmination of an ideational battle that had begun with the consolidation of the British Enlightenment philosophy in the early days of British paramountcy in India. The book therefore argues that constitutionalizing endeavour in India had a clear imprint of ideas which had its root in this philosophy. The study reveals a striking continuity of the same kind of ideological sentiments when the nationalists devised their own constitutionalizing design, visible in the 1928 Motilal Nehru report and which reappeared in the 1945 Sapru Committee report. Deviating from the conventional study of constitutional evolution of a polity, which is generally legalistic, this book explores the processes since the beginning of colonial rule in India which led to the conceptualization of constitutional democracy in a milieu engaging with arguments formulated by James and JS Mill. A detailed analysis of the roots of constitutional and political liberalism in India, this book sheds light on the material surrounding India's constitutional development. It will be of interest to scholars in the field of Indian Political Theory, South Asian Politics and History.
(source: Nielsen Book Data)9781138551886 20180508
Law Library (Crown)
Book
xxxvi, 193 pages ; 26 cm.
  • Introductory observations
  • Contractual estoppel : general principle
  • Applications
  • Entire agreement and non-reliance clauses
  • Limits
  • Limits : controls over exclusion clauses
  • Contractual estoppel in the family of estoppels.
This book is the first comprehensive account of contractual estoppel. Contractual estoppel is a new and exciting development in the common law, widely employed and of considerable practical utility. The concept has been noticed by academics, mostly to be criticised as anomaly, misnomer and an objectionable policy choice, and commentary on the concept has been limited to recitation and critique of a few principal cases. Yet this book examines numerous judicial decisions which apply or discuss contractual estoppel, and offers a full and systematic exploration of its origin, principled basis, practical applications and limits. In this new title, the author, Alexander Trukhtanov, responds to policy objections and seeks to answer the charge that contractual estoppel is a misnomer, anomaly or distortion of reliance-based categories of estoppel, by showing that contractual estoppel is its own category of legal estoppel. The book is a single point of reference for a systematic and organised exposition of the subject and an explanation of how it fits into existing law. It is practice-oriented but engages with important conceptual points. Contractual Estoppel will be of interest to practitioners, whether draftsmen, litigators or advocates, as well as academics and post-graduate students of contract law.
(source: Nielsen Book Data)9781138208537 20180205
Law Library (Crown)
Book
xxi, 174 pages ; 25 cm
  • Preface
  • Equality
  • European perspectives
  • The Equality Act 2010
  • Age and ageism
  • Disability
  • Pregnancy and maternity
  • Race, colour, ethnicity and migrant workers
  • Religion or belief
  • Sex equality
  • Sexual orientation and gender reassignment
  • Discrimination in the workplace.
Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against `non-standard' workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.
(source: Nielsen Book Data)9781138702356 20180306
Law Library (Crown)
Book
xlii, 470 pages ; 25 cm
  • The adversarial trial
  • The burden and standard of proof
  • Witnesses I competency and compellability
  • Witnesses II vulnerable witnesses
  • Witnesses III examination and cross-examination
  • The privilege against self-incrimination and the right to silence
  • Confession evidence
  • Improperly obtained evidence
  • Suspect evidence corroboration and identification
  • Character evidence
  • Hearsay evidence
  • Opinion evidence
  • Public interest immunity.
Law Library (Crown)
Book
xv, 241 pages ; 24 cm.
Law Library (Crown)
Book
lii, 466 pages ; 24 cm
Law Library (Crown)
Book
170 pages : illustrations ; 25 cm
Law Library (Crown)
Book
xv, 267 pages ; 22 cm.
  • Introduction: The eighteenth century and the Middle Ages
  • The Norman yoke : feudal law
  • The Norman yoke : canon law
  • Daniel Leonard and the modern British Empire
  • Is there a British Empire?
  • Imperial origins : Wales, Ireland, and America
  • Empire by consent
  • Conclusion.
This book contributes to the increasing interest in John Adams and his political and legal thought by examining his work on the medieval British Empire. For Adams, the conflict with England was constitutional because there was no British Empire, only numerous territories including the American colonies not consolidated into a constitutional structure. Each had a unique relationship to the English. In two series of essays he rejected the Parliament's claim to legislate for the internal governance of the American colonies. His Dissertation on the Canon and Feudal Law (1765) identified these claims with the Yoke, Norman tyranny over the defeated Saxons after 1066. Parliament was seeking to treat the colonists in similar fashion. The Novanglus essays (1774-75), traced the origin of the colonies, demonstrating that Parliament played no role in their establishment and so had no role in their internal governance without the colonists' subsequent consent.
(source: Nielsen Book Data)9783319664767 20180129
Law Library (Crown)
Book
vi, 231 pages ; 25 cm
  • Introduction
  • 'The EU isn't much cop but...' : remain supporters' use of coordinative onstructions
  • Hedging and modality v. strident claims and apparent absence of doubt
  • More to imperatives than meets the eye
  • Inclusive we, the former city broker as champion of the common man, and good old Bojo : how the pro-Brexit press created the illusion of a classless alliance
  • Democracy myths and facts : a double defeat for David Cameron
  • 'Free' : a little word that did a big job for Brexit
  • Nominalization, presupposition and naturalization
  • The language of racism lite, and not so lite
  • Comparison with the Scottish independence referendum of 2014 : how project fear worked in 2014 but not in 2016
  • Leave's appointment with history and remain's another day at the office
  • Little Englanders or reaching out to the world beyond Europe? : comparison with the 1975 referendum on remaining a member of the European Economic Community
  • From 'Up yours Delors' (1990) to 'Stick it up your Juncker' (2016) : was it the sun wot won it once again?
  • Dirty tricks : lies, personal attacks and the Queen supports UKIP
  • The day after : how could this happen?
  • The issue that would not go away : the general election of 2017
  • The epilogue so far.
Investigating the 2016 EU Referendum in the UK, The Language of Brexit explores the ways in which `Brexit' campaigners utilised language more persuasively than their `Remain' counterparts. Drawing parallels with effective political discourse used worldwide, this book highlights the linguistic features of an increasingly popular style of political campaigning. Concentrating on the highly successful and emotive linguistic strategies employed by the Brexit campaigners against the comparatively lacklustre Remain camp, Buckledee makes a case for the contribution of language towards the narrow 52-48% Brexit victory. Using primary examples, what emerges is how urging people to have the courage to make a bid for freedom naturally invokes more grandiloquent language, powerful metaphors and rousing partisan tone than a campaign which, on balance, argues that it's best to simply stick with the status quo. Examining the huge amount of discourse generated before, during and since the June 2016 EU Referendum, The Language of Brexit looks into the role language played in the democratic process and the influence and impact it had on electors, leading to an unexpected result and uncertain future.
(source: Nielsen Book Data)9781350047976 20180416
Law Library (Crown)
Book
x, 195 pages ; 25 cm
Law Library (Crown)
Book
xxv, 390 pages ; 26 cm
  • Introduction to private investment funds
  • Marketing private investment funds
  • Taxation of private investment funds
  • The legal duties arising from the provision of investment advisory and management services
  • The regulatory duties arising from the provision of investment advisory and management services
  • Governance issues in partnerships used as private investment funds
  • Governance issues in offshore companies used as private investment funds
  • Investor protection concerns in private investment funds
  • US and EU regulatory responses to the global financial crisis
  • Self-regulation and private actors
  • Side letters as a means of mitigating the governance challenge
  • Board of directors composition as a means to mitigating the governance challenge
  • Listings of private investment funds as a means of mitigating the governance challenge
  • Evaluating and implementing private monitoring solutions
  • Litigation and enforcement involving private funds after the global financial crisis
  • The global frontiers of private investment funds
  • Towards a unified theory for private investment funds.
This book provides the clearest, most concise analysis available on the legal and regulatory issues arising in connection with private investment funds. It advises legal practitioners on the structuring, formation, and operation of a range of asset classes, including hedge funds, venture capital funds, private equity funds, and real estate funds.
(source: Nielsen Book Data)9780198807247 20180521
Law Library (Crown)
Book
xii, 274 pages ; 24 cm.
  • Introduction
  • The cathedral church : foundation, form and function
  • The episcopal throne : the appointment and functions of the bishop
  • The font, altar and pulpit : sacraments, worship and mission
  • The nave and crossing : the cathedral community, hospitality and outreach
  • The choir and presbytery : the dean, canons and musicians
  • The chapter house : the body corporate : Council, Chapter and College of Canons
  • The library and cloister : education : learning and teaching
  • The treasury : cathedral property, treasure and finance
  • The fabric of the cathedral church : care and conservation
  • The cathedral close : the precinct, houses and security
  • Conclusion: The cathedral as a normative space : conception and experience.
This original book is a comprehensive, richly documented and critical examination of laws applicable to Anglican cathedrals in England, some of the most iconic monuments in the national heritage and centres of spiritual and cultural capital. Law is the missing link in the emerging field of cathedral studies. The book fills this gap. It explores historical antecedents of modern cathedral law, traces aspects of them that still endure, and explains the law with particular reference to the recommendations of the Archbishops' Commission on Cathedrals 1994 which led to the most radical changes in the legal history of these churches since the Reformation, culminating in the Cathedrals Measure 1999 and associated later legislation. The book compares the domestic constitutions and statutes of all the cathedrals of the Church of England today - old foundations, new foundations and parish church cathedrals - as well as policies and guidelines applicable to or adopted by them. Whilst national law acts as a fundamental unifying force, there is considerable diversity as between these in terms of the breadth and depth of their coverage of topics. In the socio-legal tradition, the book also explores through interviews with clergy and others, at half of the cathedrals, how laws are experienced in practice. These reveal that whilst much of the law is perceived as working well, there are equally key areas of concern. To this end, the book proposes areas for further research and debate with a view to possible reform. Taking an architectural feature of cathedrals as the starting point for each chapter, from cathedral governance through mission, ministry, music and education to cathedral property, what emerges is that law and architecture have a symbiotic relationship so that a cathedral is itself a form of juristecture.
(source: Nielsen Book Data)9781138962699 20171030
Law Library (Crown)
Book
xxvi, 212 pages ; 26 cm
  • The historical origins of the 'penalty' rule
  • The modern 'penalty' rule
  • The legal effect of classification as a 'penalty' or a valid liquidated damages claus
  • The rationale for the 'penalty' jurisdiction
  • Analogous provisions and avoidance techniques
  • Specific contracts and contractual provisions.
Law Library (Crown)

19. McGregor on damages [2018]

Book
clxiv, 1985 pages ; 24 cm.
  • 1. Introductory
  • 2. The object of an award of compensatory damages
  • 3. Terminology used in compensatory damages awards
  • 4. Pecuniary losses
  • 5. Non-pecuniary losses
  • 6. The general problem of limits
  • 7. Reduction of damages for contributory negligence
  • 8. Remoteness of damage
  • 9. Mitigation of damage
  • 10. Certainty of damage
  • 11. Past and prospective damage
  • 12. Nominal damages
  • 13. Exemplary damages
  • 14. Restitutionary damages
  • 15. Disgorgement damages (account of profits)
  • 16. Liquidated damages
  • 17. Vindicatory damages
  • 18. The incidence of taxation
  • 19. The awarding of interest
  • 20. The effect of changes in value
  • 21. The recovery of costs, damages and fines incurred in previous proceedings
  • 22. Breach of undertakings as to damages
  • 23. Damages in actions surviving death
  • 24. The measure of damages in contract and tort compared
  • 25. Sale of goods
  • 26. Hire and hire-purchase of goods
  • 27. Sale of land
  • 28. Lease of land
  • 29. Sale of shares and loan of stock
  • 30. Contracts to pay or to lend money
  • 31. Construction contracts
  • 32. Contracts of carriage
  • 33. Contracts of employment
  • 34. Contracts for professional and other services
  • 35. Contracts concerning principal and agent
  • 36. Contracts of warranty of authority by agent
  • 37. Torts affecting goods: damage and destruction
  • 38. Torts affecting goods: misappropriation
  • 39. Torts affecting land
  • 40. Torts causing personal injury
  • 41. Torts causing death
  • 42. Assault and false imprisonment
  • 43. Statutory torts: discrimination and harassment
  • 44. Malicious institution of legal proceedings
  • 45. Misfeasance in public office
  • 46. Defamation
  • 47. Invasion of privacy
  • 48. Economic torts
  • 49. Misrepresentation
  • 50. Damages under the Human Rights Act
  • 51. The statement of case
  • 52. The trial
  • 53. Appeals.
Law Library (Crown)
Book
xxxvi, 641 pages ; 25 cm
Law Library (Crown)