web-archive-uk.com


Web directory, archive
Search web-archive-uk.com:


Find domain in archive system:
web-archive-uk.com » UK » H » HARTPUBLISHING.CO.UK

Total: 837

Choose link from "Titles, links and description words view":

Or switch to "Titles and links view".
  • Hart Publishing, Oxford - Good books for lawyers
    9781841138435 28 99 More info Add to basket Living Law Reconsidering Eugen Ehrlich First Edition Edited by Marc Hertogh December 2008 292 pages Hardback 9781841138978 55 00 More info Add to basket Living Law Reconsidering Eugen Ehrlich First Edition Edited by Marc Hertogh December 2008 292 pages Paperback 9781841138985 28 99 More info Add to basket Regulating Deviance The Redirection of Criminalisation and the Futures of Criminal Law First Edition Edited by Bernadette McSherry Alan Norrie Simon Bronitt December 2008 310 pages Paperback 9781841138909 28 99 More info Add to basket Regulating Deviance The Redirection of Criminalisation and the Futures of Criminal Law First Edition Edited by Bernadette McSherry Alan Norrie Simon Bronitt December 2008 310 pages Hardback 9781841138893 60 00 More info Add to basket Women Crime and Social Harm Towards a Criminology for the Global Age First Edition Edited by Maureen Cain Adrian Howe November 2008 234 pages Hardback 9781841138428 58 00 More info Add to basket Women Crime and Social Harm Towards a Criminology for the Global Age First Edition Edited by Maureen Cain Adrian Howe November 2008 234 pages Paperback 9781841138411 27 99 More info Add to basket Rethinking Equality Projects in Law Feminist Challenges First Edition Edited by Rosemary Hunter August 2008 204 pages Hardback 9781841138404 55 00 More info Add to basket Rethinking Equality Projects in Law Feminist Challenges First Edition Edited by Rosemary Hunter July 2008 204 pages Paperback 9781841138398 28 99 More info Add to basket Responsible Business Self Governance and Law in Transnational Economic Transactions First Edition Edited by Olaf Dilling Martin Herberg Gerd Winter July 2008 376 pages Paperback 9781841137803 28 99 More info Add to basket Responsible Business Self Governance and Law in Transnational Economic Transactions First Edition Edited by Olaf Dilling Martin Herberg Gerd Winter July 2008 376 pages Hardback 9781841137797 55 00 More info Add to basket Constitutional Politics in the Middle East With special reference to Turkey Iraq Iran and Afghanistan First Edition Edited by Said Amir Arjomand January 2008 222 pages Hardback 9781841137742 58 00 More info Add to basket Constitutional Politics in the Middle East With special reference to Turkey Iraq Iran and Afghanistan First Edition Edited by Said Amir Arjomand January 2008 222 pages Paperback 9781841137735 32 99 More info Add to basket Fighting for Political Freedom Comparative Studies of the Legal Complex and Political Liberalism First Edition Edited by Terence C Halliday Lucien Karpik Malcolm M Feeley December 2007 520 pages Hardback 9781841137674 69 00 More info Add to basket Parenting after Partnering Containing Conflict after Separation First Edition Edited by Mavis Maclean December 2007 240 pages Paperback 9781841137827 28 00 More info Add to basket Parenting after Partnering Containing Conflict after Separation First Edition Edited by Mavis Maclean December 2007 240 pages Hardback 9781841137810 57 00 More info Add to basket Fighting for Political Freedom Comparative Studies of the Legal Complex and Political Liberalism First Edition Edited by Terence C Halliday Lucien Karpik Malcolm M Feeley December 2007 520 pages Paperback

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=O%c3%b1ati+International+Series+in+Law+and+Society (2016-02-13)
    Open archived version from archive


  • Hart Publishing, Oxford - Good books for lawyers
    Each annual hardback volume of about 300 pages contains peer reviewed articles aimed at spreading Swedish legal research on European law to a wide international audience The articles in each volume are original analytical contributions concerned with European law its development impact and reform Published in the series see forthcoming books in the series Human Rights in Contemporary European Law First Edition Edited by Joakim Nergelius Eleonor Kristoffersson January 2015 256 pages Hardback 9781849464833 55 00 More info Add to basket European Police and Criminal Law Co operation First Edition Edited by Maria Bergström Anna Jonsson Cornell January 2014 240 pages Hardback 9781849463508 55 00 More info Add to basket Labour Law Fundamental Rights and Social Europe First Edition Edited by Mia Rà nnmar September 2011 304 pages Hardback 9781849462105 65 00 More info Add to basket National Developments in the Intersection of IPR and Competition Law From Maglite to Pirate Bay First Edition Edited by Hans Henrik Lidgard May 2011 400 pages Hardback 9781841139449 65 00 More info Add to basket Swedish Studies in European Law Volume 2 First Edition Edited by Per Cramà r Thomas Bull February 2008 292 pages Hardback 9781841136561 40 00 More info Add to

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=Swedish+Studies+in+European+Law (2016-02-13)
    Open archived version from archive

  • Hart Publishing, Oxford - Good books for lawyers
    Edited by Piers von Berg Criminal Judicial Review has a clear and simple style is easy to use and will meet the needs of the practitioner In my view it will become the go toâ book for judicial review Greg Foxsmith London Advocate issue 86 the reader is treated to both a scholarly and practical analysis of the underlying principles a combination that few authors manage to achieve This book is an essential addition to any criminal law library Crimeline this book truly is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review Written in a clear style it has the qualities of scholarship and useful practicality which criminal law practitioners both solicitors and barristers will embrace and keep for their reference libraries Sally Ramage The Criminal Lawyer August 2015 This book brings together and restates the law that has been set out elsewhere in various cases textbooks guidelines and practice directions in an intelligent comprehensive and user friendly style It will be of practical and academic assistance to those who work in this field and in particular to those who need hand holding through the process Catharine Donnelly

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465373&Reviews=Show (2016-02-13)
    Open archived version from archive


  • Hart Publishing, Oxford - Good books for lawyers
    is a fascinating and timely critical analysis which explores the contested legal space relating to enforceable pre nuptial agreements in England Wales and Northern Ireland in the all important frame of the underpinning power structures which surround them Examining and challenging the law governing such agreements through the lenses of contractual and feminist theories her original empirical research into the longer experience of the operation of this area of law in New York adds a unique practical and comparative dimension to this rich book Professor Anne Barlow University of Exeter During my time at the Law Commission I spent a lot of time thinking and writing about pre nuptial agreements and became very conscious of the need for robust research on this important subject Dr Thompson s book with its wealth of data and analysis is a most welcome publication Professor Elizabeth Cooke University of Reading Comprehensively researched beautifully written this book demonstrates with conclusive clarity how prenuptial agreements benefit the richer party to a marriage to the disadvantage of the poorer and thus threaten the protective function of English family law Professor Rosemary Auchmuty University of Reading Hardback July 2015 9781849465984 50 00 ePub August 2015 9781782255598 49 99

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781849465984&Reviews=Show (2016-02-13)
    Open archived version from archive

  • The Structure of Property Law, Ben McFarlane
    account 2 A then uses the 30 000 credited to account 2 to i buy some shares for 10 000 and ii buy a painting for 20 000 B1 and B2 then discover what A has done A still holds both the shares and the painting The shares have increased in value to 20 000 but the painting is a worthless fake A has gone into insolvency Applying the general principle that doubts are to be resolved against a wrongdoer we can say that all of the 10 000 initially credited to account 2 has been spent on the worthless painting However we still have a problem a further 10 000 has been spent on the painting and that value must be the product of i account 1 or ii account 3 or iii partly account 1 and partly account 3 So B1 will claim that the further 10 000 spent on the paining is the product of account 3 if so A s right to the shares is entirely the product of account 1 and so A will hold that right on Trust for B1 In contrast B2 will claim that the further 10 000 spent on the paining is the product of account 1 if so A s right to the shares is entirely the product of account 3 and so A will hold that right on Trust for B2 In resolving that dispute between B1 and B2 we cannot use the general principle of resolving doubts against a wrongdoer neither B1 nor B2 is a wrongdoer Instead we have to use the second general principle innocent parties are to be treated as equals Crucially treating B1 and B2 as equals is not the same as treating them equally So in Example 2a it is possible to treat B1 and B2 as equals without necessarily deciding that the shares are 50 the product of account 1 and 50 the product of account 3 To treat B1 and B2 as equals we simply need to apply a rule that in the abstract does not discriminate between any particular innocent party For example if two parties are playing one game of chess we cannot treat them equally one party must take the white pieces and so get the advantage of the first move However we can treat the parties as equals by ensuring that each has an equal chance of taking the white pieces eg by deciding on colours by tossing a coin The courts have developed various different rules that can be used to treat the parties as equals We can consider these rules by seeing their effect in Example 2a The first in first out rule In Example 2a the first credit into account 2 came from account 1 That credit is then viewed as first out as A bought the shares before the painting this rule means that A s right to the shares is wholly the product of account 1 So A holds those shares on Trust wholly for B1 B2 has no right against A s right to the shares as the credit from B2 s account is viewed as going on the second purchase the painting This first in first out rule is often referred to as the rule in Clayton s Case 6 The intention rule This rule depends on the intention at the time of the relevant transaction of the party making that transaction So let us say that in Example 2a A s conduct shows that he intended to use the value from account 1 to buy the shares and the value from account 3 to buy the painting If A had such an intention a court can then follow it by viewing the shares as the product of account 1 and so held on Trust by A entirely for B1 s benefit and the painting as the product of account 3 and so held on Trust by A entirely for B2 s benefit The overall proportions rule In Example 2a the accounts held on Trust for B1 and B2 each contributed 10 000 to A s account As B1 and B2 made equal contributions to the input into account 2 each is viewed as making equal contributions to the outputs So A s right to the shares is viewed as 50 the product of account 1 and 50 the product of account 3 So A holds those shares on Trust 50 for B1 s benefit and 50 for B2 s benefit This rule is often referred to as the pari passu approach The rolling proportions rule This rule often referred to as the rolling pari passu approach is a refinement of the overall proportions rule it means that the contributions of the innocent parties are calculated after each relevant transaction In Example 2a this rule is no different to the overall proportions rule as there is only one relevant transaction However in other situations the two rules can lead to different results see Example 2b below Each of these approaches meets the basic test of treating B1 and B2 two innocent parties as equals but deciding the issue by tossing a coin would also meet that test So which of the approaches is best Example 2b A holds a bank account account 1 on Trust for B1 A also has his own bank account account 2 but that account is not in credit nor is it in overdraft Under a separate Trust A also holds a third bank account account 3 on Trust for B2 A acting beyond his powers as a trustee for B1 transfers 10 000 from account 1 into account 2 A then spends 10 000 from account 2 on buying shares that increase in value to 20 000 A acting beyond his powers as a trustee for B2 then transfers 10 000 from account 3 into account 2 A then uses the 10 000 credited to account 2 to buy a painting that turns out to

    Original URL path: http://www.hartpublishing.co.uk/companion/propertylaw/tracing.html (2016-02-13)
    Open archived version from archive

  • The Structure of Property Law, Ben McFarlane
    example if A0 tries to set up a discretionary Trust in which A has a power to distribute the benefit of a right to anyone who is a good person we might expect A0 s attempt to fail there is no way for a court to tell if X is or is not a good person However on the approach of Sachs and Megaw LJJ we could instead say that the discretionary Trust is valid Æ it is just that if X cannot prove he is a good person it will be assumed that he is not such a person It seems that neither Sachs LJ nor Megaw LJ wanted to leave the law in such a way as to permit there to be a discretionary Trust in favour of anyone who is a good person So each judge added a further certainty requirement Sachs LJ stated that the class of those to whom A can distribute the benefit of A s right must be conceptually certain that is it must be possible to come up with a definition of the class 7 Practical evidential problems as to whether X is or is not within that definition can be dealt with by applying the simple rule that X is out of the class until he proves otherwise So the good person discretionary Trust will be invalid as there is no clear way of defining that term it is conceptually uncertain In contrast whilst it may be difficult or even impossible to tell if X is or is not a relative of A0 that evidential uncertainty will not defeat the discretionary Trust Megaw LJ added a different requirement stating that a discretionary Trust can only be valid if there are a substantial number of people who are clearly within the class to whom A can distribute the benefit of A s right 8 Again that requirement can be used to mean that a good person discretionary Trust is invalid whereas a relatives discretionary Trust is not The extra requirements imposed by Sachs and Megaw LJJ do not assist in fulfilling the purpose of the any given person test making sure the court can tell if A distributes the benefit of the right to a person outside the permitted class It may be that each requirement instead aims to ensure that the discretionary Trust makes some practical sense for example if it is not possible to give a conceptually certain definition to the class it may well be that no one can show he is within that class Megaw LJ s requirement for a substantial number to be within the class is of course quite vague the point seems to be that for a discretionary Trust to make sense A must have a genuine choice to make as to who will receive the benefit of A s right However that point is not always correct for example the discretion in a discretionary Trust could come from A having a power to decide how much of the benefit of A s right a particular individual should receive 4 Discretionary Trusts Certainty of Objects Further Tests 4 1 The full list test At one point it was suggested that a discretionary trust could be valid only if the court could draw up a full list of the people to whom A is permitted to distribute the benefit of a right On that view in Example 2 a discretionary trust would arise only if it is possible to draw up a full list of A0 s relatives However in McPhail v Doulton the House of Lords rejected that view 9 It was based on the idea that if A failed in his duty to distribute the benefit of the right a court would have to step in and decide how to distribute And to avoid favouring any one person the court would have to order equal division of the benefit of the right amongst all members of the class On that view a discretionary trust would become in effect like the fixed Trust in Example 1b so a full list would be necessary In McPhail v Doulton Lord Wilberforce pointed out that if A fails in his duty to distribute the benefit of a right a court does not have to order equal division 10 After all such equal division could be one of the worst ways of distributing the benefit of a right for example splitting up a fund of 100 000 equally among 1 000 people would mean that no one person gains a substantial benefit from the discretionary trust So given the other means by which the court can step in to execute a discretionary trust there is no need to apply the full list test 4 2 The administrative workability test The fact that a court may need to step in and execute a discretionary trust does not mean that a discretionary trust must pass the full list test Nonetheless it may have some impact For example if the terms of the attempted discretionary trust mean that there is no sensible plan a court could adopt to execute that supposed trust then A0 s attempt to set up a discretionary trust must fail This point may explain the rarely relevant administrative workability test 11 For example in one case 12 A0 a council shortly to disappear as part of a re organisation attempted to set up a discretionary trust of a large sum of money for the benefit of all the former residents of the area covered by that council The class of people to whom A could distribute the benefit of its right would thus include over 2 million people It was found that the council s attempt to set up a discretionary Trust failed the planned Trust was administratively unworkable The problem here may be that if A fails to perform his duty to distribute the court will have to step in And is there any sensible way order

    Original URL path: http://www.hartpublishing.co.uk/companion/propertylaw/certainty.html (2016-02-13)
    Open archived version from archive

  • Hart Publishing, Oxford - Good books for lawyers
    business people often regard licensing requirements as a major obstacle to investment and new ventures the development of a well designed regulatory licensing system is also widely believed to promote social welfare The book explores existing regulatory licensing systems in China and critically appraises them using a law and economic approach This book is in three main parts The first presents a general description of Chinese regulatory licensing systems Secondly the book discusses the design and evaluation of regulatory licensing systems by applying law and economic theories to three major issues These issues are the use of licensing as a means of regulation and as opposed to other means of regulation the setting up of standards imposed through regulatory licensing systems and the arrangement of procedures adopted for regulatory licensing systems Thirdly on the basis of the above theoretical framework this book develops a critical evaluation of current Chinese regulatory licensing systems from the aforementioned three issues In particular it deeply examines licensing regimes for three sectors lawyers taxis and pharmaceutical products in China The book will be of great interest to scholars practitioners and policymakers Qing Zhang is an Associate Professor of law at China University of Political Science

    Original URL path: http://www.hartpublishing.co.uk/BookDetails.aspx?ISBN=9781841133928 (2016-02-13)
    Open archived version from archive

  • Hart Publishing, Oxford - Good books for lawyers
    366 pages Hardback 9781849463775 68 00 More info Add to basket The EU the WTO and China Legal Pluralism and International Trade Regulation First Edition Francis Snyder September 2010 533 pages Hardback 9781841137049 90 00 More info Add to basket The European Union and China 1949 2008 Basic Documents and Commentary First Edition Edited by Francis Snyder March 2009 1128 pages Paperback 9781841137247 80 00 More info Add to basket

    Original URL path: http://www.hartpublishing.co.uk/SeriesDetails.aspx?SeriesName=China+and+International+Economic+Law+Series (2016-02-13)
    Open archived version from archive



  •  


web-archive-uk.com, 2017-12-15