The sixth edition of Canadian Family Law, current to 31 March 2015, contains commentary on new cases decided since the publication of the fifth edition. There is new material dealing with the effect of substantial property division, interjurisdictional variation of support orders, and an entirely new chapter on appeals. The book will be of particular interest to judges, legal practitioners, mediators, arbitrators and other professionals who require an understanding of the law related to families
The sixth edition of Criminal Law has been thoroughly updated to include developments in the principles of fundamental justice under section 7 of the Charter as they affect the criminal law, a discussion of duress following the landmark case of R. v. Ryan, how the Court has continued to confirm common law presumptions of subjective fault for criminal offences and that regulatory offences will be treated as strict liability offences, recent decisions clarifying inchoate and party liability and the test for abandoning a crime, new statutory developments in the mental disorder defence, recent restrictions on the provocation defence, a decision on the distinction between general and specific intent offences, and recent decisions relating to mandatory sentences.
Canadian immigration and citizenship law has been subject to frequent and seemingly frenzied revision and reformulation by the government of the day as it attempts to identify the country’s social, economic, and demographic needs and to respond to perceived threats to its sovereign control over Canada’s borders. This book builds upon the first edition as an introductory guide to immigration, refugee, and citizenship law. Its aim is to provide an overview, or a starting point, both for those who want to investigate the mechanics of Canada’s immigration regime and for those who want to assess, critique, or question the aims and impacts of the law.
This edited volume offers a broader perspective on sovereignty relying on the international law concept. In addition to authority, this concept also includes citizenship and territory and assumes unity between these three elements. The focus is on the role of core values such as (representative) democracy, rule of law, justice, equality and economic stability in the process of shaping sovereignty in the shared legal order of the European Union. Moreover, not only the EU's power to regulate, but also issues of enforcement are addressed.
The 2016 Solo and Small Firm Legal Technology Guide will not replace a law firm IT director, but annually it provides the information required for the solo or small firm lawyer who is the firm IT director, like it or not. It also will serve as an indispensable guide for a local consultant who has the ability to manage a law firm s technology infrastructure, but is not aware of all of the legal-specific technology products that are available today. Some of this book will be read and reread, while other portions will be skimmed or skipped depending on the immediate technology needs of the firm. No law firm can avoid dealing with technology issues today. Lawyers in all practice settings can greatly benefit from this guide. This guidebook can serve as a law firm s trusted source of basic information as well as in-depth information. It is a quick reference guide to understand where a new product or software release fits into a law firm s overall strategy. The authors of this guide bring their long experience working with the legal profession to the pages of this volume. It is certainly the most cost-effective technology resource that any budget conscious law firm could hope to obtain."
Making partner and achieving a sense of success and fulfillment in a law firm is challenging for most young lawyers. Based on original research, Accelerating Lawyer Success examines the factors, competencies, and attitudes that allow some lawyers to flourish and make partner while others struggle. Moreover, the authors show readers how to develop the same mindset and skills that they identified as the key factors behind the success of the lawyers they studied. Given today s difficult job environment for lawyers, this book is particularly valuable for law students, new lawyers, or an associate on the cusp of partnership.
This valuable guide collects the thoughts and experiences of eight different ADR experts to analyze the history, usage, and future of state and local government ADR. This important information will position you for this groundbreaking change in government litigation, and help you serve your clients to the best of your abilities.
Appellate Mediation: A Guidebook for Attorneys and Mediators provides a comprehensive guide to appellate mediation for legal advocates and mediators. Included are helpful approaches that can benefit first-time participants in appellate mediation, as well as those who regularly conduct or attend such mediations. This book teaches new and old practitioners alike, the basics of appellate law and how it informs the mediation process.
The Business, Human Rights and Sustainability Sourcebook addresses the intersection of human rights law with the conduct of business, in light of sustainability mandates and the UN Guiding Principles on Business and Human Rights. The sourcebook presents the growing body of binding and soft law comprised of international standards, guidelines and legal frameworks, that define a nascent, but rapidly emerging field of practice.
From Stettin in the Baltic to Trieste in the Adriatic, an Iron Curtin has descended across the continent." Winston Churchill, from a speech to Westminster College in Missouri, March 5, 1946 During the four decades of the Cold War, there were periods of intense crisis, when, almost by accident, the world was spared nuclear war. Told in vignettes across four chapters, The Cold War: Law, Lawyers, Politics, and Spies is a thorough look at the people and doctrines that helped avoid global catastrophe. From the Cuban Missile Crisis to East German uprisings, McCarthyism to loyalty oaths, The Cold War is the singular story of an uncommon time in world history.
The Belgian Constitution, once described as a model of consensus democracy, has now become an enigma in comparative federalism. On the one hand, it demonstrates features which suggest institutional instability as well as elements that enhance the probability of secession. On the other hand, Belgium continues to exist as a federal system, based upon linguistic bipolarity. This linguistic bipolarity dominates Belgian politics and has shaped the design of Belgium's institutions as well as the Constitution's fundamental organising principles: concepts of federalism, democracy, separation of powers, constitutionalism and the rule of law. In this book, the institutional structure and the principles governing the Belgian constitutional system are explained in the light of its historical, demographic and political context. Linguistic bipolarity and its historical evolution explain the establishment of the Belgian State structure as a dual federalism, with exclusive powers, instruments for consensus making and obstruction, and elements of confederal decision making. It also explains the evolution in the concept of principles of democracy and the rule of law. Besides describing the devolutionary process, the book also incorporates two other elements that have shaped the Belgian constitutional landscape: fundamental rights and Europeanisation.
The latest resource for the practitioner who needs to become quickly acquainted with ERISA law of a particular circuit. Circuits can vary significantly in their approach to substantive and procedural ERISA issues. Includes an updated discussion of the most recent and leading ERISA cases by circuit.
Fund Director’s Guidebook, Fourth Edition covers open-end funds (typically referred to as mutual funds), closed-end funds and exchange-traded funds. It is intended to assist directors of investment companies registered under the Investment Company Act of 1940 in fulfilling their responsibilities. Since 2006 when the third edition was published, there have been significant developments affecting funds in the wake of the 2008–2009 financial crisis and the resulting legislation, the Dodd-Frank Act. There also has been increased civil litigation involving funds and their service providers, and a more active role of the SEC and its staff in asserting securities law fund-related violations, including SEC enforcement actions against independent directors brought under the 1940 act’s compliance rule.
This handbook presents various concepts for EU privacy and data protection law in a comprehensible manner, providing analysis of existing and practical advice on how to approach data policy compliance. With global businesses and companies struggling to meet varying EU national privacy compliance laws, this book will be a useful primer to guide practitioners, law students, and business professionals in understanding data privacy compliance, and provide additional supplemental resources on specific national legislation.
You can't spell truth without Ruth. Only Ruth Bader Ginsburg can judge me. The Ruth will set you free. Supreme Court Justice Ruth Bader Ginsburg never asked for fame; she was just trying to make the world a little better and a little freer. But along the way, the feminist pioneer's searing dissents and steely strength have inspired millions. Notorious RBG: The Life and Times of Ruth Bader Ginsburg, created by the young lawyer who began the Internet sensation and an award-winning journalist, takes you behind the myth for an intimate, irreverent look at the justice's life and work. As America struggles with the unfinished business of gender equality and civil rights, Ginsburg stays fierce. And if you don't know, now you know.
This book provides annotations of all major cases decided based upon the language of commercial crime or mercantile policies, focusing particularly on the most recent standard form policies issued by ISO and FSAA, but also addressing various provisions included in manuscripted language that has become widely used or reviewed by courts. It offers the most comprehensive review of case law decided in the context of the commercial crime or mercantile policies published to date. Moreover, it addresses the most modern provisions, including those related to technology and computer use, that have become widely used.
This Sixth Edition of The Attorney-Client Privilege in Civil Litigation continues the legacy of the series by providing new, updated and expanded treatment of the attorney-client privilege and work-product doctrine. New and expanded topics include application of the revised federal rules and case law governing waiver of privilege, the pitfalls of privilege preservation and waiver in bankruptcy proceedings and international contexts, as well as the intersection of privilege and attorney/client-hired media consultants.
The California Constitution is one of the longest in the world and has been revised over 500 times since its original drafting in 1849. In its current incarnation, the constitution reflects the state's mistrust of elected officials, gives cities and towns broad home rule powers, and outlines governance for the state's university system. The California State Constitution provides an outstanding constitutional and historical account of the state's basic governing charter. In addition to an overview of California's constitutional history, it offers an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting in 1849. This treatment, along with a table of cases, index, and the bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of California's constitution.
As a contribution to the development of EU constitutionalism, this monograph focuses on the interplay between the different normative concerns behind the EU's market freedoms identified in traditional legal discourse and the various extra-legal and institutional factors that affect how that law is applied and develops in practice. Moving away from traditional studies of free movement law, Caro de Sousa's book offers a fresh approach to free movement law. Rather than proposing normative approaches, he uses this approach to construct a broader thesis: that the EU law of free movement can best be understood as interplay of traditional legal doctrines and practices and the specific institutional environment where this law is applied and developed.
Infectious Disease Policy Law, and Regulation looks at litigation regarding infection-related illnesses and their compensation. The claim arises from an individual victim who attempts to prove that the cause of their specific infection was the negligent act of an entity that is a "vector" of their type of illness, such as a hospital, surgeon, restaurant or retail marketplace.
This book introduces lawyers to the Alexander Technique, a set of skills for stress management, pain relief, and performance enhancement. The Alexander Technique can be explained very simply it is a means to recognize and avoid common habits of body and mind that interfere with optimum functioning. The book explains how the Alexander Technique can help lawyers with the specific health and performance challenges that they face in their professional lives and includes a series of photographs that demonstrate both correct and incorrect posture as well as the exercises and techniques discussed in the book.
This edited collection brings together some of Australia's foremost experts in native title to provide a realistic assessment of the achievements, frustrations and possibilities of native title, two decades since the enactment of the Native Title Act 1993 (Cth), and after the most significant High Court decision on native title in more than ten years, Akiba v Commonwealth, which confirmed the existence of commercial native title fishing rights. The Indigenous and non-Indigenous authors come from a variety of disciplines and perspectives and include academics and practitioners from the fields of law, economics, anthropology, politics, history and community development. Uniting the book is a concern that native title make a real impact on the economic and social circumstances of Australia's Indigenous communities.
The Sovereignty of Human Rights advances a legal theory of international human rights that defines their nature and purpose in relation to the structure and operation of international law. Professor Macklem argues that the mission of international human rights law is to mitigate adverse consequences produced by the international legal deployment of sovereignty to structure global politics into an international legal order. The book contrasts this legal conception of international human rights with moral conceptions that conceive of human rights as instruments that protect universal features of what it means to be a human being.
In the 1800s, opium and cocaine could be easily obtained to treat a range of ailments. Drug dependency, when it occurred, was considered a matter of personal vice. Near the end of the century, attitudes shifted and access to drugs became more restricted. Dan Malleck reveals how different forces converged in the early 1900s to influence lawmakers and set the course for the drug laws that exist today. As this book shows, social concerns about drug addiction had less to do with the long pipe and shadowy den than with lobbying by medical professionals, concern about the morality and future of the nation, and a burgeoning pharmaceutical industry.