The Indian Supreme Court is widely seen as a vanguard of progressive social change. Yet there are no systematic studies of whether its progressive decisions actually improve the lives of the relatively disadvantaged. This book presents the first collection of original empirical studies on the impact of the Indian Supreme Court's most progressive decisions. Combining original datasets with in-depth qualitative research, the chapters provide a rigorous examination of the conditions under which judicial decisions can make a difference to those in need. These studies reveal that the Indian Supreme Court, like its US counterpart, is largely constrained in its efforts. Yet, through the broad sweep of constitutional rights in the Indian Constitution, the Court's procedural innovations, and its institutional independence, the Indian Supreme Court can sometimes make a difference - in the lives of those most in need.
Bridging disparate literatures on courts and the legal profession in China, Jonathan J. Kinkel introduces an innovative cross-disciplinary framework to understand the reality of Chinese politics and society. Fusing a variety of perspectives from social ecology, historical institutionalism, and empirical legal studies, Kinkel contextualises patterns of court reform within China's rapid economic and social transformations. This book's extensive case studies emphasise the dynamic expansion of the legal system in the post-Mao reform period and demonstrate that law firm growth in large cities, especially in the early twenty-first century, pressured courts at the local and national levels to enhance judicial autonomy. Advancing debates on the multiplicity of political-legal regimes, this book offers a comprehensive, empirical account of how reforms in both the public and private arenas can interact and operate alongside one another.
How do patents affect innovation in mainland China and Hong Kong? How can two patent systems operate within one country and how is innovation affected by the 'one country two systems' model? For the first time, this book links these challenging issues together and provides a comprehensive overview for government officials, law-makers, academics, law practitioners and students to understand the patent systems of mainland China and Hong Kong. Themes examined include the interaction between the two distinctive patent regimes, the impact of patents on innovation in China's specific industries such as green tech, traditional Chinese medicines and telecommunications, the role of utility models in inflating low-quality patents and the application of good faith principle in enforcing FRAND in mainland China, patent system reforms in Hong Kong, and the impact of these changes on innovation in the two vastly distinctive yet closely connected jurisdictions.
The case law of the World Trade Organization is extensive, now running into some three hundred decided cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further. This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.
How can fragmented, divided societies that are not immediately compatible with centralised statehood best adjust to state structures? This book employs both comparative constitutional law and comparative politics, as it proposes the idea of a 'constituent process', whereby public participation in constitution making plays a positive role in state building. This can help to foster a sense of political community and produce a constitution that enhances the legitimacy and effectiveness of state institutions because a liberal-local hybrid can emerge to balance international liberal practices with local customary ones. This book represents a sustained attempt to examine the role that public participation has played during state building and the consequences it has had for the performance of the state. It is also the first attempt to conduct a detailed empirical study of the role played by the liberal-local-hybrid approach in state building.
Intellectual property transactions underlie large segments of the global economy, from pharmaceuticals to computing, entertainment to digital content. This first-of-its-kind resource combines practical contract drafting and negotiation skills with substantive legal doctrine in the rapidly growing area of intellectual property transactions and licensing. Though primarily designed for classroom use, it is also a must-have legal reference work for every lawyer involved in the technology, biopharma, entertainment, media or financial services industries. It includes practical drafting models and explanations of key contractual provisions such as field of use, exclusivity, milestones, royalties, termination, indemnification and liability, and combines these with discussion of the latest cases interpreting these provisions. Numerous legal doctrines that affect the enforcement of IP agreements are also covered, including exhaustion, first sale, misuse, estoppel, antitrust and bankruptcy law, a
This study is the first of its kind to examine the history and organization of trans-Saharan trade in western Africa using original source material. It documents the internal dynamics of a trade network system based on a case study of 'Berber' traders from the Wād Nūn region, who specialized in outfitting camel caravans in the nineteenth century. Through an examination of contracts, correspondence, fatwas and interviews with retired caravaners, Professor Lydon shows how traders used their literacy skills in Arabic and how they had recourse to experts of Islamic law to regulate their long-distance transactions. The book also examines the strategies devised by women to participate in caravan trade. By embracing a continental approach, this study bridges the divide between West African and North African studies. The work will be of interest to historians of Africa, the Middle East, and the world and to scholars of long-distance trade, Muslim societies and Islamic law.
The question of 'humanitarian intervention' has been a staple of international law for around 200 years, with a renewed interest in the history of the subject emerging in the last twenty years. This book provides a chronological account of the evolution of the discussion and uncovers the fictional narrative provided by international lawyers to support their conclusions on the subject, from justifications and arguments for 'humanitarian intervention', the misrepresentation of great power involvement in the Greek War of Independence in 1827, to the 'humanitarian intervention that never was', India's war with Pakistan in 1971. Relying on a variety of sources, some of them made available in English for the first time, the book provides an undogmatic, alternative history of the fight for the protection of human rights in international law.
What is it like to be affected by HIV/AIDS? A moving first-person account offers insight — and basic facts.ONE DAY I FOUND OUT THAT SOMEONE I KNOW — MY BROTHER-IN-LAW, JAY — HAD HIV/AIDS. AT THE MOMEN
Essentials of Electromagnetics for Engineering, first published in 2000, provides a clearly written introduction to the key physical and engineering principles of electromagnetics. Throughout the book, the author describes the intermediate steps in mathematical derivations that many other textbooks leave out. The author begins by examining Coulomb's law and simple electrostatics, covering in depth the concepts of fields and potentials. He then progresses to magnetostatics and Maxwell's equations. This approach leads naturally to a discussion of electrodynamics and the treatment of wave propagation, waveguides, transmission lines, and antennas. At each stage, the author stresses the physical principles underlying the mathematical results. Many homework exercises are provided, including several in Matlab and Mathematica formats. The book contains a separate chapter on numerical methods in electromagnetics, and a broad range of worked examples to illustrate important concepts. It is suita
Wael B. Hallaq has already established himself as one of the most eminent scholars in the field of Islamic law. In this book, first published in 1997, the author traces the history of Islamic legal theory from its early beginnings until the modern period. Initially, he focuses on the early formation of this theory, analysing its central themes and examining the developments which gave rise to a variety of doctrines. He concludes with a discussion of modern thinking about the theoretical foundations and methodology of Islamic law. In organisation, approach to the subject and critical apparatus, the book will be an essential tool for the understanding of Islamic legal theory in particular and Islamic law in general. This, in combination with an accessibility of language and style, will guarantee a readership among students and scholars and anyone interested in Islam and its evolution.
Whether you’re new to higher education, coming to legal study for the first time or just wondering what Evidence Law is all about, Beginning Evidence is the ideal introduction to help you hit the grou
Gives a full account of the legal issues and legacy of the landmark law case, which was the first case in which segregation in education was successfully challenged. By the author of Women in the Barr
James VI and I united the crowns of England and Scotland. His books are fundamental sources of the principles which underlay the union. In particular, his Basilikon Doron was a best-seller in England and circulated widely on the Continent. Among the most important and influential British writings of their period, the king's works shed light on the political climate of Shakespeare's England and the intellectual background to the civil wars which afflicted Britain in the mid-seventeenth century. James' political philosophy was a moderated absolutism, with an emphasis on the monarch's duty to rule according to law and the public good. Locke quoted his speech to parliament of 1610 approvingly, and Hobbes likewise praised 'our most wise king'. This edition is the first to draw on all the early texts of James' books, with an introduction setting them in their historical context.
Francisco Vitoria was the earliest and arguably the most important of the Thomist political philosophers of the Counter-Reformation. Not only did he write important essays on civil and ecclesiastical power, but he became celebrated for his defence of the new world Indians against the imperialism of his own master, the King of Spain. Vitoria's political works are thus of great importance for an understanding both of the rise of modern absolutism, and the debate about the emergent imperialism of the European powers. His works are also unusually accessible, since they survive mainly in the form of 'relectiones', or summaries delivered at the end of his lecture courses on law and theology at the University of Salamanca. Translated here into English for the first time, these texts comprise the core of Vitoria's thought, and will be of interest to specialists in political theory and the history of ideas, ecclesiastical history, and the history of early modern Spain. A comprehensive introduct
Algebraic geometry is, essentially, the study of the solution of equations and occupies a central position in pure mathematics. This short and readable introduction to algebraic geometry will be ideal for all undergraduate mathematicians coming to the subject for the first time. With the minimum of prerequisites, Dr Reid introduces the reader to the basic concepts of algebraic geometry including: plane conics, cubics and the group law, affine and projective varieties, and non-singularity and dimension. He is at pains to stress the connections the subject has with commutative algebra as well as its relation to topology, differential geometry, and number theory. The book arises from an undergraduate course given at the University of Warwick and contains numerous examples and exercises illustrating the theory.
The legal recognition of the housing, land, and property rights of refugees and displaced persons has expanded steadily in recent years as the realization has grown that securing these rights will be beneficial to long-term peace, stability, economic vitality and justice. This volume, first published in 2007, contains more than 240 of the laws, cases and materials that have been adopted during the past century, which accord those unjustly and arbitrarily displaced from their homes and lands with rights: not simply to return to their countries or places of origin, but to return to the original home, land or property from which they were initially forced to flee. The breadth of the restitution standards found within this volume, combined with selected examples of case law and other materials, are a clear indication that a right to housing, land, and property restitution for refugees and displaced persons has emerged within the global legal domain.
Is our case strong enough to go to trial? Will interest rates go up? Can I trust this person? Such questions - and the judgments required to answer them - are woven into the fabric of everyday experience. This book, first published in 2002, examines how people make such judgments. The study of human judgment was transformed in the 1970s, when Kahneman and Tversky introduced their 'heuristics and biases' approach and challenged the dominance of strictly rational models. Their work highlighted the reflexive mental operations used to make complex problems manageable and illuminated how the same processes can lead to both accurate and dangerously flawed judgments. The heuristics and biases framework generated a torrent of influential research in psychology - research that reverberated widely and affected scholarship in economics, law, medicine, management, and political science. This book compiles the most influential research in the heuristics and biases tradition since the initial collec
David (law) and Jaruwan (Thai language, both State U. of New York-Buffalo) first conducted research in the Chiangmai region beginning in 1975 that yielded a 1978 book on law and society in Thailand. T
