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xvi, 925 pages ; 25 cm
Here for the first time is a comprehensive practical guide to this influential body of international jurisprudence, with cases grouped by topic and thoroughly cross-referenced.
Law Library (Crown)
1 online resource (viii, 244 pages)
  • 1. Canadian Constitution
  • 2. Judicial Activism and Its Critics
  • 3. Legal Background to Marshall (No. 1)
  • 4. Marshall (No. 1) in the Trial Court
  • 5. Court of Appeal
  • 6. Decision of the Supreme Court of Canada: Marshall (No. 1)
  • 7. Fire on the Water, and Marshall (No. 2)
  • 8. Rewriting Nova Scotia History
  • 9. Judicial Levitation: The Hovering Treaty Right
  • 10. Trade, Treaties, and the Constitution
  • 11. Fundamental Laws: The Rights of British Subjects and a "Promenade Down Barrington Street"
  • 12. After the Marshall Decisions: Legal Uncertainty and Government Response
  • 13. Stephen Marshall/Bernard
  • 14. Failure of Judicial Activism
  • Appendix. R. v. Marshall (No. 1).
The Supreme Court of Canada's decision in the Marshall case asserted sweeping Native treaty rights and intense controversy. In "Power without Law" Alex Cameron enlivens the debate over judicial activism with an unprecedented examination of the details of the Marshall case, analyzing the evidence and procedure in the trial court and tracing the legal arguments through the Court of Appeal to the Supreme Court of Canada. He argues that there were critical defects in the process - the successful argument at the Supreme Court of Canada was never tested in the lower courts, the Crown's expert was precluded from testifying about a vital document, the Court's analysis does not accord with the historical evidence, and the treaty rights are inconsistent with the colonial law of Nova Scotia. Concluding that the Marshall decision was the result of incautious judicial activism, "Power without Law" challenges us to reconsider the role of our courts in the Charter era.
(source: Nielsen Book Data)9780773535831 20180521
lxi, 1006 pages : maps ; 24 cm
  • Preface Acknowledgments Table of Figures Table of Abbreviations Table of Treaties and Other International Instruments Table of Cases Chapter 1: Introduction Chapter 2: Freedom of the High Seas Chapter 3: Nationality of Vessels Chapter 4: Jurisdiction of the Flag State Chapter 5: Baselines Chapter 6: Maritime Delimitation Chapter 7: Internal Waters and Ports Chapter 8: Territorial Sea, Contiguous Zone, Straits, and Archipelagic Waters Chapter 9: Exclusive Economic Zone Chapter 10: Continental Shelf Chapter 11: The Deep Seabed Chapter 12: Protection and Preservation of the Marine Environment . Chapter 13: Conservation and Management of High Seas Living Resources Chapter 14: Maritime Terrorism Chapter 15: Settlement of Disputes.
  • (source: Nielsen Book Data)9789004169906 20180530
A special course adoption price is available for an order of six or more copies from a university bookstore. Contact sales-us@brill.com or sales-nl@brill.com to learn more. This second edition of Cases and Materials on the Law of the Sea has been updated to address significant developments that have occurred in the law of the sea since the publication of the first edition in 2004. The text compiles cases, treaties, U.N. documents, commentaries, and other teaching materials that systematically present law of the sea topics while placing those issues in the broader context of international law and international legal process. The book incorporates relevant historical materials alongside materials addressing more recent topics, such as port security, the depletion of fish stocks, and the operation of new international institutions. Extensive notes and discussion questions engage readers and enhance their understanding of the materials.
(source: Nielsen Book Data)9789004169906 20180530
Law Library (Crown)
xxxvii, 1591 pages : illustrations ; 26 cm.
  • The concept of copyright
  • Copyrightable subject matter
  • Ownership
  • Formalities
  • Duration and renewal, and termination of transfers
  • Exclusive rights under copyright
  • Fair use, secondary liability
  • Enforcement of copyright
  • Federal preemption of state law
  • International dimensions of copyright
  • General review problems.
With stimulating questions and discussion problems, comprehensive notes, and teachable and well-edited cases as its hallmarks, this is the authoritative law school casebook for the study of copyright law. The book presents up-to-date materials dealing both with new technologies and with the more ""traditional"" issues in the field. Topics that receive particular attention include: The copyrightability of works having a functional character, including compilations, computer programs, and the problem of applied art; The application of the rights of distribution and public performance and display to the digital environment; The increasing expansion of the fair use doctrine through the development of the caselaw on "transformative use"; The caselaw on the limited liability of internet service providers; The Digital Millennium Copyright Act's provisions on technological protection measures and copyright management information are also covered, through well-selected cases and analysis of successive Copyright Office Rulemakings. There will also be more photographs illustrating current cases dealing with originality and infringement. The casebook will continue its position as the outstanding book in the field-comprehensive and thorough, and stimulating and enjoyable for both teacher and students.
(source: Nielsen Book Data)9781634593038 20180702
Law Library (Crown)
xiv, 621 pages ; 25 cm.
  • 1. Introduction Eirik Bjorge and Cameron Miles 2. The Charming Betsy and The Paquete Habana (1804 and 1900) William S Dodge 3. Mavrommatis Palestine Concessions (Greece v Great Britain) (1924-27) Michael Waibel 4. Factory at Chorzow (Germany v Poland) (1927-28) Chester Brown 5. SS Lotus (France v Turkey) (1927) Douglas Guilfoyle 6. Island of Palmas (Netherlands v United States of America) (1928) Eirik Bjorge 7. Legal Status of Eastern Greenland (Denmark v Norway) (1933) Rolf Einar Fife 8. Trail Smelter (United States of America/Canada) (1938 and 1941) Duncan French 9. Trial Before the International Military Tribunal at Nuremberg (1945-46) Katherine O'Byrne and Philippe Sands 10. The Early United Nations Advisory Opinions (1948-62) Thomas D Grant and Rowan Nicholson 11. The South West Africa Cases (1949 to 1971) James Crawford and Paul Mertenskoetter 12. North Sea Continental Shelf (Federal Republic of Germany v Netherlands-- Federal Republic of Germany v Denmark) (1969) Nikiforos Panagis and Antonios Tzanakopoulos 13. Barcelona Traction, Light and Power Company (Belgium v Spain) (1970) Giorgio Gaja 14. Tyrer v United Kingdom (1978) Nigel Rodley 15. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v United States of America) (1984 to 1986) Robert Kolb 16. Tadic v Prosecutor (1995) Sarah MH Nouwen and Michael A Becker 17. The Nuclear Weapons Advisory Opinions (1996) Surabhi Ranganathan 18. Gabcikovo-Nagymaros Project (Hungary/Slovakia) (1997) Laurence Boisson de Chazournes and Makane Moise Mbengue 19. Vivendi v Argentina (1997-2010) Sam Luttrell 20. US-Import Prohibition of Certain Shrimp and Shrimp Products (1998) Callum Musto and Catherine Redgwell 21. LaGrand (Germany v United States of America) (2001) Cameron Miles 22. Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) John Dugard 23. Jurisdictional Immunities of the State (Germany v Italy--Greece intervening) (2012) Omri Sender and Michael Wood.
  • (source: Nielsen Book Data)9781849467889 20180226
The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as `landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development. The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.
(source: Nielsen Book Data)9781849467889 20180226
Law Library (Crown)
xxx, 930 pages ; 21 cm.
  • Consultations électorales
  • Règlements des assemblées parlementaires
  • Autorités juridictionnelles
  • Autorités administratives
  • Collectivités territoriales
  • Compétence du conseil constitutionnel et autorité de ses décisions
  • Répartition des compétences normatives
  • Contrôle des normes
  • Droits-libertés
  • Égalité
  • Droits-créances
  • Garantie des droits.
Law Library (Crown)
v, 295 pages ; 21 cm
East Asia Library
xxxvi, 444 pages ; 24 cm
  • About the Authors Acknowledgements Foreword by Chief Justice Robert French Introduction Selection from the ranked list of Leading Cases: 25. Markarian v The Queen (2005) 228 CLR 357 26. March v Stramare (E & MH) Pty Ltd (1991) 171 CLR 506 27. Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 28. Postiglione v The Queen (1997) 189 CLR 295 29. Wyong Shire Council v Shirt (1980) 146 CLR 40 30. Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 31. BP Refinery(Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 32. Commercial Bank of Australia v Amadio (1983) 151 CLR 447 33. Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41 34. Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 35. Wardley Australia Ltd v Western Australia (1992) 175 CLR 514 36. Lowe v The Queen (1984) 154 CLR 606 37. Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 38. Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 39. Mabo v Queensland (No 2) (1992) 175 CLR 1 40. Devries v Australian National Railways Commission (1993) 177 CLR 472 41. Dey v Victorian Railways Commissioners (1949) 78 CLR 62 42. Cooper Brookes (Wollongong) Pty Ltd v Federal Commissioner of Taxation (1981) 147 CLR 297 43. Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 44. Warren v Coombes (1979) 142 CLR 531 45. Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 46. Walton v Gardiner (1993) 177 CLR 378 47. Mill v The Queen (1988) 166 CLR 59 48. Chan v Minister for Immigration and Ethnic Affairs (1989) 169 CLR 379 49. Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 50. Abebe v Commonwealth (1999) 197 CLR 510 Appendices.
  • (source: Nielsen Book Data)9781760020606 20161219
Leading Cases in Australian Law provides, in essence, a summary of the 200 most cited cases in Australian law. Each case note contains an outline of the facts, issues and decision, an extract of the most frequently cited portions of the judgment, commentary incorporating later decisions on the topic, and cross-references to the leading texts on the legal area of the case. Finally, under each case heading there is a single-sentence proposition for which the case stands as authority, and these are later collated in a table for easy reference. This is the first book of its kind published in Australia, and it is intended to serve as a portrait of Australian law as currently practised. Appendices are included to complete this picture, providing further information such as lists of top cases by subject area, and a ranking of the most cited judges. This book will be useful to law students, who will likely encounter most of these cases during the course of their degree, as well as to legal practitioners, who will find it a useful reference for the cases that have faded from memory since law school as well as the cases cited in daily practice.
(source: Nielsen Book Data)9781760020606 20161219
Law Library (Crown)
34 volumes ; 27 cm
SAL1&2 (on-campus shelving)
xxxv, 497 pages ; 24 cm.
  • Part I. Introduction and Content: 1. A common core to the protection of immovable? Peter Sparkes and Sonia Martin Santisteban-- 2. Actions in Roman and civil law for the protection of immovables Frits Brandsma-- 3. Fundamental rights in actions to protect immovables Sandra Passinhas-- Part II. The Case Studies.
  • (source: Nielsen Book Data)9781107121928 20160618
How should a landowner respond when a squatter occupies their land? This book discusses the issues focussing on vindicatio, possessory remedies and trespass, but also explores administrative procedures for their removal. In many cases, these actions derive from Roman laws, which are expertly explored in an introductory chapter. Also included is a chapter exploring human rights interventions in such actions. Twelve case studies offer an extensive and comparative analysis across sixteen European jurisdictions. The basic defendants covered are squatters taking over a home, environmental protesters, licensees and former tenants. The case studies include, amongst others, self-help; restitution; competing claims to ownership (and the relevance of registration systems to claims to ownership); adverse possession; neighbours; nuisance and encroachment.
(source: Nielsen Book Data)9781107121928 20160618
Law Library (Crown)
lx, 1336 pages ; 26 cm.
  • Trespass : the right to exclude and rights of access
  • Competing justifications for property rights
  • Intellectual and cultural property
  • Human beings and human bodies
  • Adverse possession
  • Nuisance : resolving conflicts between free use and quiet enjoyment
  • Land use and natural resources regulation
  • Servitudes : rules governing contractual restrictions on land use
  • Concurrent, family, and entity property
  • Present estates and future interests
  • Leaseholds
  • Real estate transactions
  • Fair housing law
  • Equal protection and due process
  • Takings law.
Law Library (Crown)
xxvii, 728 pages ; 26 cm., 754 pages ; 26 cm.
  • Approaching securities law
  • Business context of Securities Act registration
  • Regulatory framework of Securities Act registration
  • Securities Act registration process
  • Reach of Securities Act regulation
  • Exemptions from Securities Act registration requirements
  • Regulation of resales of securities
  • Liability for Securities Act violations
  • Commission's general exemptive authority and registration of securities and periodic reporting under the Exchange Act
  • Proxy regulation
  • Tender offer regulation
  • Fraud and related issues under Rule 10b-5 and the Sarbanes-Oxley Act
  • Insider trading
  • Liability for trading profits : Section 16(b) and the Sarbanes-Oxley Act of 2002
  • Market manipulation and stabilization
  • Regulation of the securities business
  • Issues for securities litigators
  • The responsibilities of securities lawyers : various perspectives
  • State regulation of securities
  • International regulation of securities.
Law Library (Crown)
xlv, 929 pages : illustrations ; 26 cm.
  • The legally enforceable promise : basic and recurring themes
  • The domain of legally enforeable promises
  • When (and how) promises become enforceable
  • Identifying the bargain
  • Policing the bargain
  • The maturing and breach of contract duties
  • The rights and duties of nonparties.
With the appearance of the Tenth Edition, this book enters its sixth decade. Throughout its long history, this casebook has relied on classic cases to capture the fundamental principles of contract law, and this edition reinforces that tradition. This new edition preserves and builds upon the book's distinctive character, especially its use of canonical cases, its sensitivity to the history and evolution of doctrine, and its close attention to the legal consequences of breach. The newly added cases show how the basic principles of contract law continue to apply across a wide range of transactions. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. The most visible alteration in this edition is an expanded treatment of the important problem of contract interpretation. A significant amount of new material has been added, but the length of the book remains about the same. This edition both covers recent developments and maintains a manageable length. The Teacher's Manual has also been extensively revised.
(source: Nielsen Book Data)9781609302115 20160618
Law Library (Crown)
5 volumes (various pagings) ; 27 cm.
East Asia Library
3 volumes (various pagings) ; 27 cm.
East Asia Library
5, 3, 3, 12, 636 pages ; 25 cm
East Asia Library
xxxiv, 1,171 pages ; 27 cm.
  • The framework of securities regulation
  • The definition of a security
  • Understanding investors
  • The public offering
  • Exempt transactions
  • Secondary distributions
  • Recapitalizations, reorganizations, and acquisitions
  • Exempt securities
  • Liability under the Securities Act
  • Financial innovation : trading markets, derivatives, and securitization
  • Financial reporting : mechanisms, duties, and culture
  • Inquiries into the materiality of information
  • Fraud in connection with the purchase or sale of a security
  • The enforcement of the securities laws
  • The regulation of insider trading
  • Shareholder voting and going-private transactions
  • Corporate takeovers
  • Regulation of broker-dealers
  • The investment advisers and investment company acts of 1940
  • Transnational fraud and the reach of U.S. securities laws.
Law Library (Crown)
xxxiii, 1147 pages : illustrations ; 26 cm.
This new and creatively conceived casebook introduces the international legal order as it presents itself at the beginning of the twenty-first century. Consistently and effectively blending theory and practice, it is designed to give students the basic knowledge and understanding of transnational law that every modern lawyer should possess. This is an ideal text both for students who will take only one course in international law, and for those seeking a solid foundation for more specialized courses. It is organized around five major themes: actors, interactions among actors, substantive norms, methods of dispute resolution, and domestic effects of transnational law. Students are first shown how classical international law emerged and, most important, how it has evolved into modern transnational law. They are then invited to revisit each of the five core themes in the context of cutting-edge contemporary legal challenges. The casebook's unique approach enables students to gain both the knowledge and confidence they need to approach the increasingly complex range of transactions and disputes that reach beyond national boundaries.
(source: Nielsen Book Data)9780314154507 20160617
Law Library (Crown)
xxxix, 1164 pages : illustrations ; 26 cm
  • Introduction to contract law
  • Damages for breach of contract
  • Other remedies and causes of action
  • Reaching an agreement
  • Discerning the agreement
  • Written manifestations of assent
  • Multiparty transactions
  • Principles of enforceability
  • The doctrine of consideration
  • The intention to be legally bound
  • The doctrine of promissory estoppel
  • Performance
  • Conditions
  • Breach
  • Lack of contractual capacity
  • Obtaining assent by improper means
  • Failure of a basic assumption.
Law Library (Crown)


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