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book (8)


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English (7)

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2010 (8)

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Book
The fundamental Holmes : a free speech chronicle and reader : selections from the opinions, books, articles, speeches, letters, and other writings by and about Oliver Wendell Holmes, Jr.
Authors: ---
ISBN: 1139793098 1316086674 1139781707 1107253292 1139778714 1139775677 0511761775 1283715643 113977719X 9781139775670 9781139781701 9780511761775 9780521194600 0521194601 9780521143899 0521143896 9781139793094 9781316086674 9781107253292 9781139778718 9781283715645 Year: 2010 Publisher: Cambridge [U.K.] ; New York, N.Y. : Cambridge University Press,

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Abstract

"No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions. The edited materials - spanning Holmes's 1861-1864 service in the Civil War to his 1931 radio address to the nation - offer a unique view of the thoughts of the father of the modern First Amendment. The book's epilogue, which includes a major discovery about Holmes's impact on American statutory law, explores Holmes's free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before"--Provided by publisher.


Book
The Common Law
Author:
ISBN: 0674054016 9780674054011 0674264525 9780674264526 9780674034020 0674034023 Year: 2010 Publisher: To be supplied : Project Gutenberg,

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Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. The John Harvard Library presents a text that is, with occasional corrections of typographical errors, identical to that found in the first and all subsequent printings by Little, Brown.


Book
Enterprise liability and the common law
Author:
ISBN: 0511851367 1107216753 1282818252 9786612818257 0511917996 0511915209 0511918976 0511913419 0511778716 0511917015 9780511918971 0521762014 110763010X Year: 2010 Publisher: Cambridge ; New York : Cambridge University Press,

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Abstract

Theories of enterprise liability have, historically, had a significant influence on the development of various aspects of the law of torts. Enterprise liability has impacted upon both statutory and common law rules. Prime examples would include laws on workmen's compensation and products liability. Of late, in a number of jurisdictions, enterprise liability has been a powerful catalyst for change in the employer's responsibilities towards third parties by prompting changes to the law on vicarious liability. The results have been seen most dramatically where the employer's responsibility for the intentional torts of employees is concerned. Recent common law reforms have not been without controversy and have raised difficult and challenging questions about the appropriate scope of an employer's responsibility. In response to this, Douglas Brodie offers a critique of the employer's common law obligations, both in tort and under the law of contract of employment.


Book
Canon law: a comparative study with Anglo-American legal theory
Author:
ISBN: 0199871663 1283115875 9786613115874 0199706654 9780199871667 Year: 2010 Publisher: Oxford University Press

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Canon Law: A Comparative Study with Anglo-American Legal Theory, by the Reverend John J. Coughlin, explores the canon law of the Roman Catholic Church from a comparative perspective. The Introduction to the book presents historical examples of antinomian and legalistic approaches to canon law (antinomianism diminishes or denies the importance of canon law, while legalism overestimates the function ofcanon law in the life of the Catholic Church). The Introduction discusses these approaches as threats to the rule of law in the Church, and describes the concept of the rule of law in the thought of various Anglo-American legal theorists. Chapter One offers an overview of canon law as the "home system" in this comparative study. The remaining chapters considerantinomian and legalistic approaches to the rule of law in light of three specific issues: the sexual abuse crisis, ownership of church property, and the denial of Holy Communion to Catholic public officials. Chapters Two and Three discuss the failure of the rule of law as a result of antinomian and legalistic approaches to the sexual abuse crisis. Chapters Four and Five compare the concept of property in canon law with that of liberal political theory; they discuss theownership of parish property in light of diocesan bankruptcies, the relationship between church property and the law of the secular state, and the secularization of Catholic institutions and their property. Chapters Six and Seven raise the indeterminacy claim with regards to canon law and the arguments for and againstthe denial of Holy Communion to Catholic public officials. Although the three issues arise in the context of the United States, they raise broader theoretical issues about antinomianism, legalism, and the rule of law. Throughout the comparative study, American legal theory functions to clarify these broader issues in canon law. The concluding chapter offers a synthesis of this comparative study.


Book
The common law of intellectual property : essays in honour of Professor David Vaver
Authors: --- --- ---
ISBN: 1472565193 1282984500 9786612984501 1847315933 9781847315939 9781282984509 9781472565198 9781841139708 184113970X 6612984503 Year: 2010 Publisher: Oxford ; Portland, Oregon : Hart Publishing,

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"This collection of essays was written in honour of David Vaver, who recently retired as Professor of Intellectual Property and Information Technology Law and Director of the Oxford Intellectual Property Research Centre at the University of Oxford. The essays, written by some of the world's leading academics, practitioners and judges in the field of intellectual property law, take as their starting point the common assumption that the patent, copyright and trade mark laws within members of the 'common law family' (Australia, Canada, Israel, Singapore, South Africa, the United Kingdom, the United States, and so on) share some sort of common tradition. The contributors examine, in relation to particular topics, the extent to which such a shared view of the field exists in the face of other forces that are producing divergence. The essays discuss, inter alia, issues concerning court practices, the medical treatment exception, non-obviousness and sufficiency in patent law, originality and exceptions in copyright law, unfair competition law, and cross-border goodwill and dilution in trade mark law."--Bloomsbury Publishing.


Book
La common law de A à Z
Authors: --- ---
ISBN: 9782802729457 9782896354481 2802729454 Year: 2010 Publisher: Bruxelles: Bruylant,

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Beaucoup plus qu'un dictionnaire au sens général du terme, cette Common law de A à Z est un véritable voyage au pays de la common law. Les auteurs ne se limitent pas à une définition traditionnelle de chacune des entrées mais offrent une histoire de la common law et de sa culture. Le choix des entrées reflète d'ailleurs cette passion qui anime les auteurs depuis plus de trente ans. Non seulement les différents domaines de la common law et leur vocabulaire courant sont-ils définis mais ses acteurs, ses précurseurs et ses institutions le sont également. Si la motivation première d'un tel dictionnaire est de permettre aux juristes francophones de common law de pratiquer dans leur langue maternelle, les civilistes tireront également profit de cet ouvrage. Les praticiens du droit commercial, corporatif ou criminel par exemple – des domaines où la common law a une influence directe – profiteront grandement des éclaircissements qu'offre ce dictionnaire qui comprend plus de 3800 entrées.


Book
The creation of the lus commune : from Casus to Regula
Authors: ---
ISBN: 9780748638970 0748638970 9780748642922 0748642927 9780748651481 0748651489 1282749978 9781282749979 9786612749971 6612749970 Year: 2010 Volume: 7 Publisher: Edinburgh : Edinburgh University Press,

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Abstract

This book surveys the traditional classifications of private law to establish the cognitive techniques used by medieval Italian and French jurists to transform Roman law into the ius commune of Western Europe.


Book
Is eating people wrong? : great legal cases and how they shaped the world
Author:
ISBN: 1107219817 0511853378 1282942131 9786612942136 0511782152 0511932197 0511930852 051193355X 0511928327 0511925824 9780511933554 9781107000377 1107000378 9780511782152 9780521188517 0521188512 Year: 2010 Publisher: New York : Cambridge University Press,

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Great cases are those judicial decisions around which the common law develops. This book explores eight exemplary cases from the United Kingdom, the United States and Australia that show the law as a living, breathing and down-the-street experience. It explores the social circumstances in which the cases arose and the ordinary people whose stories influenced and shaped the law as well as the characters and institutions (lawyers, judges and courts) that did much of the heavy lifting. By examining the consequences and fallout of these decisions, the book depicts the common law as an experimental, dynamic, messy, productive, tantalizing and bottom-up process, thereby revealing the diverse and uncoordinated attempts by the courts to adapt the law to changing conditions and shifting demands. Great cases are one way to glimpse the workings of the common law as an untidy but stimulating exercise in human judgment and social accomplishment.

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