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Book
xix, 309 pages ; 24 cm
  • Access to justice and legal aid cuts : a mismatch of concepts in the contemporary Australian and British legal landscapes / Asher Flynn and Jacqueline Hodgson
  • Challenges facing the Australian legal aid system / Mary Anne Noone
  • Rhyme and reason in the uncertain development of legal aid in Australia / Jeff Giddings
  • The rise and decline of criminal legal aid in England and Wales / Tom Smith and Ed Cape
  • A view from the bench : a judicial perspective on legal representation, court excellence, and therapeutic jurisprudence / Pauline Spencer
  • Face-to-interface communication : accessing justice by video link from prison / Carolyn McKay
  • The rise of "DIY" law : implications for legal aid / Kathy Laster and Ryan Kornhauser
  • Community lawyers, law reform, and systemic change : is the end in sight? / Liana Buchanan
  • What if there is nowhere to get advice? / James Organ and Jennifer Sigafoos
  • The end of "tea and sympathy" the changing role of voluntary advice services in enabling access to justice? / Samuel Kirwan
  • Reasoning a human right to legal aid / Simon Rice Oam
  • Cuts to civil legal aid and the identity crisis in lawyering : lessons from the experience of England and Wales / Natalie Byrom
  • Access to what? Laspo and mediation / Rosemary Hunter, Anne Barlow, Janet Smithson, and Jan Ewing
  • Insights into inequality : Victorian women's access to legal aid / Pasanna Mutha-Merennege
  • Indigenous people and access to justice in civil and family law / Melanie Schwartz
  • Austerity and justice in the age of migration / Ana Aliverti.
Law Library (Crown)
Book
xvi, 519 pages ; 22 cm
  • Background
  • Substance
  • People
  • Arbitration and the law
  • Conclusions.
Despite plague, fire, political upheaval and religious strife, in the 17th century English people of all kinds used mediation and arbitration routinely to help resolve their differences. Kings and poor widows were parties. Kings and yeomen arbitrated. Francis Bacon, Edward Coke, Samuel Pepys, Robert Hooke and James I himself all took what they called arbitrament for granted as the best way of resolving all kinds of disputes they could not manage themselves. The redoubtable Lady Anne Clifford was exceptional; she successfully withstood the insistent demands of James I to arbitrate in her land dispute with her husband and family. Women appear as often as men in many of the primary sources and have a chapter to themselves. There are five parts: Part One describes the background; Part Two the subject matter: land, family and business; Part Three the people: parties and arbitrators; Part Four the law, and Part Five draws conclusions. The 17th century saw great changes in English life, but few and only towards its end in the ways in which parties managed their disputes by arbitrament, usually asking an even number of third parties, first to arrange a settlement as mediators and, if that failed, to adjudicate as arbitrators. Parties relied on bonds to ensure each other's performance of the submission and award. But, as the century drew to its close, lawyers advised their clients to take advantage of the courts' offer to accept a claim and, with the parties' consent, to refer it to arbitration, with arbitrators appointed by the court. That process came to be called a rule of court and the Government established it by the Arbitration Act 1698.
(source: Nielsen Book Data)9780957215313 20170213
Law Library (Crown)
Book
xiv, 275 pages ; 24 cm
Law Library (Crown)
Book
liii, 292 pages : illustrations (black and white) ; 23 cm
Law Library (Crown)
Book
89 pages ; 24 cm.
  • Introduction
  • Monstrous negotiations
  • Monstrous citizenships
  • Citizens and their monstrous families
  • Monstrous fears
  • Conclusions.
Law Library (Crown)
Book
xxiv, 223 pages ; 24 cm
  • Introduction
  • Stigma
  • Legal protection from discrimination
  • Stigma and litigation
  • The anti-stigma principle
  • Public action to combat discrimination
  • Stigma, synergy and intersectionality
  • Legal protection against "fattism"
  • Tattoos : beyond anti-discrimination law?.
Law Library (Crown)
Book
ci, 1143 pages ; 26 cm
Law Library (Crown)
Book
lxiii, 549 pages ; 26 cm
  • Regulating information technologies
  • Regulatory competence over the Internet
  • Intermediaries within online regulation
  • Copyright and the Internet
  • Domain names
  • Electronic commerce
  • Cybercrime : fraud and computer misuse
  • Content crimes
  • Privacy and data protection
  • Surveillance, data retention, and encryption
  • Intellectual property rights in software
  • Software licences, free and open source licensing (F/OSS), and "software as a service" (SaaS).
Law Library (Crown)
Book
xiv, 147 pages ; 25 cm
  • Introduction
  • Philosophical hermeneutics
  • The ultra vires theory and the common law theory of judicial review
  • Themes of the debate
  • Immanent critique and the theories of judicial review
  • The principle of parliamentary sovereignty
  • The constitutional legitimacy of judicial review.
In the late 1980s, a vigorous debate began about how we may best justify, in constitutional terms, the English courts' jurisdiction to judicially review the exercise of public power derived from an Act of Parliament. Two rival theories emerged in this debate, the ultra vires theory and the common law theory. The debate between the supporters of these two theories has never satisfactorily been resolved and has been criticised as being futile. Yet, the debate raises some fundamental questions about the constitution of the United Kingdom, particularly: the relationship between Parliament and the courts; the nature of parliamentary supremacy in the contemporary constitution; and the possibility and validity of relying on legislative intent. This book critically analyses the ultra vires and common law theories and argues that neither offers a convincing explanation for the courts' judicial review jurisdiction. Instead, the author puts forward the theory that parliamentary supremacy - and, in turn, the relationship between Parliament and the courts - is not absolute and does not operate in a hard and fast way but, rather, functions in a more flexible way and that the courts will balance particular Acts of Parliament against competing statutes or principles. McGarry argues that this new conception of parliamentary supremacy leads to an alternative theory of judicial review which significantly differs from both the ultra vires and common law theories. This book will be of great interest to students and scholars of UK public law.
(source: Nielsen Book Data)9781138856011 20160830
Law Library (Crown)
Book
ix, 260 pages ; 24 cm
  • Money laundering
  • Terrorist financing
  • Fraud
  • Insider dealing
  • Market abuse
  • Bribery and corruption
  • The avoidance and evasion of tax.
Law Library (Crown)
Book
280 pages ; 24 cm
What are the connections between conceptions of rights found in English law and those found in bills of rights around the World? How has English Common Law influenced the Universal Declaration of Human Rights (UDHR) 1948 and the European Convention on Human Rights (ECHR) 1950? These questions and more are answered in Michael Tugendhat's historical account of human rights from the eighteenth century to present day. Focusing specifically on the first modern declarations of the rights of mankind- the 'Virginian Declaration of Rights', 1776, the French 'Declaration of the Rights of Man and of the Citizen', 1789, and the 'United States Bill of Rights', 1791- the book recognises that the human rights documented in these declarations of the eighteenth century were already enshrined in English common law, many originating from English law and politics of the fifteenth century. The influence of English Common Law , taken largely from Blackstone's Commentaries on the Laws of England, can also be realised in the British revolutions of 1642 and 1688; the American and French Revolutions of 1776 and 1789 respectively; and through them, on the UDHR and ECHR. 0Moreover, Tugendhat argues that British law, in all but a few instances, either meets or exceeds human rights standards, and thus demonstrates that human rights law is British law and not a recent invention imported from abroad. Structured in three sections, this volume (I) provides a brief history of human rights; (II) examines the rights found in the American and French declarations and demonstrates their ancestry with English law; and (III) discusses the functions of rights and how they have been, and are, put to use.
Law Library (Crown)
Book
x, 196 pages ; 25 cm
  • What is public health?
  • Public health, philosophy, and ethics
  • The evolution of public health law and regulation
  • Introduction to twenty-first century public health law
  • Private law and public health
  • Criminal law and public health
  • Public law and public health
  • International and global health law
  • "Soft law", self-regulation, and public health
  • Future developments and directions.
Law Library (Crown)
Book
xv, 232 pages ; 24 cm.
  • United Kingdom : part I : the journey to unfair dismissal law
  • United Kingdom : part II : the evolution and erosion of unfair dismissal law
  • Australia : part I : the journey to unfair dismissal law
  • Australia : part II : the evolution and erosion of unfair dismissal law
  • United States of America : part I : the origins of employment at will
  • United States of America : part II : the evolution and erosion of employment at will.
This book critically examines the proper role of the law in protecting job security in the contemporary workplace. It provides a historical, theoretical, practical and comparative perspective on this under-researched, but fundamentally important, legal mechanism at a time when the pressure to deregulate and dilute worker-protective laws has taken on increased importance. The volume critically analyses both statute and case law from three advanced industrialised liberal democracies with a common law foundation, the UK, Australia and the USA, to understand the extent to which job security is realised. By applying a common approach and a conceptual framework that emphasises the complex relationships between law, the economy and society to analyse a series of national studies, the book is also designed to draw upon the insights of comparative analysis to deepen our understanding of the limits and possibilities of legal regulation of job security. The national case studies are supplemented by research that focuses on how supra-national organisations have sought both to develop and disseminate new legal norms around the practices and processes of dismissal. This study critically analyses and assesses the adequacy of the international regulatory framework for protecting the rights of employees in the dismissal process.
(source: Nielsen Book Data)9781472450579 20170213
Law Library (Crown)
Book
xviii, 232 pages ; 24 cm
  • The right of silence : a benchmark of justice?
  • The right of silence : a crime control target?
  • Police custody, cop culture and the caution
  • A "fundamental dilemma" : the undermining of legal representation at the police station
  • Silence in court conclusion : the transformed landscape of the criminal trial.
Law Library (Crown)
Book
vi, 222 pages ; 25 cm.
  • The sharia councils, the women, and some methodological concerns
  • The question of authority
  • The women in context : the web of power
  • Tactics of power.
The public debate on Shari'a councils in Britain has been heavily influenced by the assumption that the councils exist as religious authorities and that those who use them exercise their right to religious freedom. In Shari'a Councils and Muslim Women in Britain Tanya Walker draws on extensive fieldwork from over 100 cases to argue for a radically different understanding of the setting and dynamics of the Shari'a councils. The analysis highlights the pragmatic manoeuvrings of Muslim women, in pursuit of defined objectives, within limited space - holding in tension both the constraints of particular frameworks of power, and the realities of women's agency. Despite this needed nuance in a polarised debate however, important questions about the rights of Muslim women remain.
(source: Nielsen Book Data)9789004316089 20170206
Law Library (Crown)
Book
190 pages ; 24 cm
  • Rhetoric
  • Paradox
  • Space
  • Time
  • Utopia
  • Progress
  • Art
  • Ethics.
Law Library (Crown)
Book
xxvi, 333 pages : illustrations, maps ; 23 cm.
  • Taking indigenous peoples' lands
  • The United Sates Indian Claims Commission
  • Litigating and negotiating native title and treaty rights in Canada
  • Anthropologists, historians, and the title claims of Aborigines in Australia
  • The Waitangi Tribunal and New Zealand history
  • Redressing race-based dispossessions in South Africa
  • The Métis in court : problems of discrimination, identity, and community
  • Courts, commissions, and tribunals as forums for interpreting and making history.
Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being "presentist" - inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.
(source: Nielsen Book Data)9780773547438 20161003
Law Library (Crown)
Book
xix, 311 pages : illustrations ; 25 cm
  • Introduction / Tom Cornford, Audrey Guinchard, Yseult Marique and ellie Palmer
  • Access to justice : the view from the law society / Andrew Caplen
  • The meaning of access to justice / Tom Cornford
  • Principles of access : comparing health and legal services / Albert Weale
  • Europe to the rescue? EU law, the ECHR and legal aid / Steve Peers
  • Access to justice in administrative law and administrative justice / Tom Mullen
  • Immigration and access to justice : a critical analysis of recent restrictions / Robert Thomas
  • The impact of austerity and structural reforms on the accessibility of tribunal justice / Stewart Wright
  • Thirteen years of advice delivery in Islington : a case study / Lorna Reid
  • Complexity, housing, and access to justice / Andrew Brookes and Caroline Hunter
  • Access to justice in the Employment Tribunal : private disputes or public concerns? / Nicole Busby and Morag McDermont
  • Renegotiating family justice / Mavis Maclean CBE
  • Access to justice for young people : beyond the policies and politics of austerity / James Kenrick and Ellie Palmer
  • A revolution in 'lawyering'? Implications for welfare law of alternative business structures / Frank H. Stephen
  • CourtNav and pro bono in an age of austerity / Paul Yates
  • The French approach to access to justice / Audrey Guinchard and Simon Wesley
  • How Scotland has approached the challenge of austerity / Sarah O'Neill.
Building on a series of ESRC funded seminars, this edited collection of expert papers by academics and practitioners is concerned with access to civil and administrative justice in constitutional democracies, where, for the past decade governments have reassessed their priorities for funding legal services: embracing 'new technologies' that reconfigure the delivery and very concept of legal services; cutting legal aid budgets; and introducing putative cost-cutting measures for the administration of courts, tribunals and established systems for the delivery of legal advice and assistance. Without underplaying the future potential of technological innovation, or the need for a fair and rational system for the prioritisation and funding of legal services, the book questions whether the absolutist approach to the dictates of austerity and the promise of new technologies that have driven the Coalition Government's policy, can be squared with obligations to protect the fundamental right of access to justice, in the unwritten constitution of the United Kingdom.
(source: Nielsen Book Data)9781849467346 20160619
Law Library (Crown)
Book
xxii, 249 pages ; 25 cm.
  • A question about administrative law
  • Rethinking the Diceyan dialectic
  • The legacy of the Diceyan dialectic
  • Constitutionalism, judicial restraint, and administrative law
  • From formalism to reasonable justification : the transformation of Canadian administrative law
  • Authority, legitimacy, and legality in administrative law.
In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions - the United Kingdom, the United States of America and Canada - over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.
(source: Nielsen Book Data)9781849462778 20160619
Law Library (Crown)

20. Bills of sale [2014]

Book
xii, 139 pages ; 30 cm
  • chapter 1. Introduction
  • chapter 2. The current law
  • chapter 3. The case for reform
  • chapter 4. A new legislative framework
  • chapter 5. Simplifying the document requirements
  • chapter 6. Modernising the registration regime
  • chapter 7. Protecting borrowers
  • chapter 8. Protecting private purchasers
  • chapter 9. General assignments of book debts
  • chapter 10. Absolute bills
  • chapter 11. Assessing the impact of reform
  • chapter 12. List of recommendations
  • Appendix A. People and organisations who responded to the consultation paper.
Law Library (Crown)