Private Law Books - Page 2

Cheshire and North's Private International Law

Peter North, J. J. Fawcett

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

The best in English speaking world 5 out of 5 stars.
2 of 2 people found this review helpful.

Germans authors apart, this is the best academic book in this vast subject in the English speaking world. The Publisher should seriously consider making it available again in a new, revised and updated edition.

Editorial Review:

The new edition has been substantially updated to offer an up-to-date and authoritative account of the law in this rapidly changing field. As well as general updating, the chapter on Torts has been completely rewritten and the growing importance of the law of restitution has led to the inclusion of a new separate chapter on the private international law aspects of this significant field of the law of obligations. The major developments in the law on jurisdiction and the recognition of foreign judgements have also been fully discussed.

Commentary on the UN Convention on the International Sale of Goods (CISG)

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Editorial Review:

This work contains a commentary on the United Nations Uniform Sales Law which has been enacted by more than 60 countries, including many EU states, USA, Canada, Australia, New Zealand and China. The first edition has become an important source of guidance on the Convention, being frequently cited by courts and tribunals all over the world. As with the first, the second edition will assist practitioners and scholars in their understanding of the impact of the CISG on modern domestic laws and on the unification of parts of the law of international commerce. The work contains a comparative analysis of relevant decisions by courts and arbitration tribunals and commentary on the application of the Convention. In addition to a general update, the second edition includes an index of cases and coverage of Part II of the UNIDROIT Principles.

Internet Marketplaces: The Law of Auctions and Exchanges Online

Christina Ramberg

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Subjects -> Computers & Internet -> Home Computing -> Internet -> General AAS
Subjects -> Computers & Internet -> Business & Culture -> Privacy

Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

An operator's manual for an auction or exchange 5 out of 5 stars.
3 of 3 people found this review helpful.

When you think of Internet auctions, eBay springs to mind. But it is only one of many auction sites. And then there are the b2b exchanges, usually confined to specific industries. Ramburg studies both types of entities, placing their legal frameworks in the context of existing traditional auctions and exchanges. The perspectives in the book are predominantly European, with an emphasis on Britain.

She furnishes a useful taxonomy of auctions - English, Dutch, Japanese, sealed bid... You are undoubtedly familiar with the English type, but the others may be new to you.

The book goes over the many details about what can go wrong online. Like different interpretations of sale conditions and membership terms. Or being able to cancel bids and what constitutes "unintentional" mistakes and how to undo these.

If you are pondering operating a new online auction or exchange, you would do well to carefully look over the many details in this book. On a de facto basis, it can be a vital operator's manual.

Editorial Review:

Internet Marketplaces explains and analyses the legal questions and challenges posed by the increased use of online auctions and exchanges for business transactions. Rather than focusing on internet businesses as a whole, the author studies the rules related to closed internet marketplaces where commercial dealings are carried out. The book provides a detailed analysis of the new business models that are being employed, their legal structures, and the extent to which further work is still required to fill in the legal infrastructure. Professor Ramberg is well known for her expertise and involvement in this field, and the book will prove to be useful to fellow practitioners as well as being a key reference for academics working in this area.

Constitutional Deliberation in Congress: The Impact of Judicial Review in a Separated System (Constitutional Conflicts)

J. Pickerill

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Editorial Review:

In Constitutional Deliberation in Congress J. Mitchell Pickerill analyzes the impact of the Supreme Court’s constitutional decisions on Congressional debates and statutory language. Based on a thorough examination of how Congress responds to key Court rulings and strategizes in anticipation of them, Pickerill argues that judicial review—or the possibility of it—encourages Congressional attention to constitutional issues. Revealing critical aspects of how laws are made, revised, and refined within the separated system of government of the United States, he makes an important contribution to “constitutionalism outside the courts” debates.

Pickerill combines legislative histories, extensive empirical findings, and interviews with current and former members of Congress, congressional staff, and others. He examines data related to all of the federal legislation struck down by the Supreme Court from the beginning of the Warren Court in 1953 through the 1996–97 term of the Rehnquist Court. By looking at the legislative histories of Congressional acts that invoked the Commerce Clause and presented Tenth Amendment conflicts—such as the Child Labor Act (1916), the Civil Rights Act (1965), the Gun-Free School Zones Act (1990), and the Brady Bill (1994)—Pickerill illuminates how Congressional deliberation over newly proposed legislation is shaped by the possibility of judicial review. The Court’s invalidation of the Gun-Free School Zones Act in its 1995 ruling United States v. Lopez signaled an increased judicial activism regarding issues of federalism. Pickerill examines that case and compares congressional debate over constitutional issues in key pieces of legislation that preceded and followed it: the Violence Against Women Act of 1994 and the Hate Crimes Prevention Act of 1997. He shows that Congressional attention to federalism increased in the 1990s along with the Court’s greater scrutiny.

Commentary On The Conflict of Law (University Textbook Series)

Russell J. Weintraub

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Editorial Review:

This detailed volume emphasizes the significance of international and comparative issues in the conflicts of law, providing informative text and expert commentary. Sections discuss: Domicile; Pervasive Problems; Jurisdiction to Adjudicate; Marriage, Divorce, Custody and Support; Torts; Contracts; Property; Constitutional Limitations on Choice of Law; Choice of Law in the Federal Courts; Judgments; and International Problems.

The Unidroit Principles in Practice: Caselaw and Bibliography on the Unidroit Principles of International Commercial Contracts

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Editorial Review:

Since fall 2006, this is a new, revised edition of "Unidroit Principles in Practice", featuring approximately 120-130 cases. "The Unidroit Principles of International Commercial Contacts", published in 1994, were an entirely new approach to international contract law. Prepared by a group of eminent experts from around the world as a "restatement" of international commercial contract law, the Principles are not a binding instrument but are referred to in many legal matters. They are widely recognized now as a balanced set of rules designed for use throughout the world irrespective of the legal traditions and the economic and political conditions of the countries in which they are applied. "The Unidroit Principles in Practice" provides a comprehensive collection of international caselaw and bibiliographic materials relating to the Principles. In particular, it contains: the text and official comments of the UNIDROIT Principles; over 70 decisions by courts and arbitral tribunals worldwide referring to the UNIDROIT Principles; a vast bibliography. In addition to a general bibliography, there are bibliographical references pertinent to individual articles.

Civil War And The Rule Of Law: Security, Development, Human Rights

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Customer Reviews:
Total reviews: 1 Average rating: 5.0 of 5

A must for community library politics collections. 5 out of 5 stars.
0 of 0 people found this review helpful.

Civil War is not civil at all. "Civil War and the Rule of Law: Security, Development, and Human Rights" is a book written for those in power who want to establish peace in a country after a violent and bloody civil war. Focusing on the three key aspects of safety for the people and the nation itself, rebuilding what was lost, and most importantly that the people of the nation have what they deserve fundamentally as human beings, "Civil War and the Rule of Law" is a must for community library politics collections.

Editorial Review:

How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development? The authors of "Civil War and the Rule of Law" address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.

The Reasons Requirement in International Investment Arbitration: Critical Case Studies

W. Michael Reisman

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Editorial Review:

This collection of essays emerged from a seminar on international investment law taught jointly by the editors at the Yale Law School. The participants brought a rich experience and, as important for a subject like this, a rich national diversity. A considerable part of the seminar involved close reading of recent international investment arbitral awards. These decisions have emerged as the most important engines of legal development in this field. Interestingly, in almost all instances, it was felt that the right decision had been reached. But without the building blocks that reasons reflect, one could not reconstruct or "reverse engineer" the reasoning of the tribunal. From this experience, it was concluded that it would be a useful exercise to examine the adequacy of reasons in some of the most important recent international investment law awards in order to see if there were significant trends with policy implications. The studies in this collection represent the best of the seminar.

The Competing Jurisdictions of International Courts and Tribunals (International Courts and Tribunals Series)

Yuval Shany

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Editorial Review:

The proliferation of new international courts and tribunals in recent years has given rise to concerns of jurisdictional overlaps between the new and existing judicial bodies. The book examines what would happen when the same dispute falls under the jurisdiction of more than one forum. This raises both theoretical and practical issues of coordinating between the various jurisdictions and identifies rules of law which ought to apply in such circumstances.

Antitrust and the Formation of the Postwar World (Columbia Studies in Contemporary American History)

Wyatt Wells

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Editorial Review:

Today antitrust law shapes the policy of almost every large company, no matter where headquartered. But this wasn´t always the case. Before World War II, the laws of most industrial countries tolerated and even encouraged cartels, whereas American statutes banned them. In the wake of World War II, the United States devoted considerable resources to building a liberal economic order, which Washington believed was necessary to preserving not only prosperity but also peace after the war. Antitrust was a cornerstone of that policy. This fascinating book shows how the United States sought to impose -and with what results -its antitrust policy on other nations, especially in Europe and Japan. Wyatt Wells chronicles how the attack on cartels and monopoly abroad affected everything from energy policy and trade negotiations to the occupation of Germany and Japan. He shows how a small group of zealots led by Thurman Arnold, who became head of the Justice Department´s Antitrust Division in 1938, targeted cartels and large companies throughout the world: IG Farben of Germany, Mitsui and Mitsubishi of Japan, Imperial Chemical Industries of Britain, Philips of the Netherlands, DuPont and General Electric of the United States, and more. Wells brilliantly shows how subsequently, the architects of the postwar economy -notably Lucius Clay, John McCloy, William Clayton, Jean Monnet, and Ludwig Erhard -uncoupled political ideology from antitrust policy, transforming Arnold's effort into a means to promote business efficiency and encourage competition.