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Mindua A: Current Challenges at the
International Criminal Court - Domicide

Current Challenges at the International Criminal Court - Domicide, Urbicide and Other Emerging Issues

Criminal Law - Sentencing, Procedure and Key Offences

Legal Research: Take the law into your own hands. Do you have a legal problem but don't know where to find the law? Legal Research gives you the skills to find the answers--fast. Legal Research is the only comprehensive, plain-English guide to legal research written for nonlawyers. Whether you're handling a personal legal matter, running a business, studying for a legal career, or just need to understand a law that affects you, this fully updated edition walks you through every step of the research process. You'll learn how to: <ul> <li>locate statutes, regulations, and court decisions at the federal, state, and local levels</li> <li>research legal questions online using free websites and reliable legal databases</li> <li>ensure your research is current so you're always relying on good law, and</li> <li>organize your results and draft a professional legal memorandum for school, work, or court.</li> </ul> Topics covered include: <ul> <li>understanding the basics of case law, statutory law, administrative law, and constitutional law</li> <li>identifying your legal issue and choosing the right resources</li> <li>finding and using secondary sources, including legal encyclopedias, treatises, law reviews, and practice manuals</li> <li>locating and using federal and state statutes, regulations, and local ordinances</li> <li>finding, reading, and Shepardizing case law, and</li> <li>validating your research and organizing it into a legal memorandum.</li> </ul> Legal Research also teaches you how to narrow your results so you won't drown in an information flood, whether you're working in a law library or researching online.

How to Find & Understand the Law

Legal Research

Americans take it for granted that the states of the union make up an economic common market. But that is the case only because early in the nation's history the Supreme Court ruled that the Commerce Clause of the Constitution establishes a principle--sometimes called the "dormant Commerce Clause" principle--that blocks individual states from cutting off the free flow of cross-border trade. From the 1820s onward the Court has issued hundreds of rulings applying this doctrine to prevent the states from imposing tariff-like taxes, local processing requirements, and other restrictions on the free movement of goods and services across state lines. The result for the nation has been, as Justice Robert Jackson once observed, a "material success that . . . has been the most impressive in the history of commerce." After joining the Court in 1986 Justice Antonin Scalia challenged the dormant Commerce Clause principle as an illegitimate judicial innovation at odds with a proper "originalist" interpretation of the Constitution. This critique, moreover, quickly picked up steam as other prominent jurists and commentators--most notably, Justice Clarence Thomas--gave it their enthusiastic support. Is the originalist challenge to the dormant Commerce Clause rule well-founded? In The Common-Market Constitution, Coenen argues that the answer is no. Like Justice Scalia, Coenen focuses on discovering the original public meaning of the Commerce Clause. According to Coenen, however, the text and history of that clause compel a conclusion that is the direct opposite of the one that Justice Scalia reached. As Coenen demonstrates, a proper originalist assessment of the dormant Commerce Clause principle requires consideration of a sweeping body of text- and history-based evidence that ranges far beyond what critics of that principal rule have focused on in the past. A full and fair appraisal of that evidence, Coenen argues, leaves no doubt that the constitutional rule that the Court has long applied to safeguard the American common market does reflect the original public meaning of the Commerce Clause.

Text, History, and the "Dormant Commerce Clause" Rule

The Common-Market Constitution

Volume 10

The Asian Yearbook of Human Rights and Humanitarian Law

Studies in International Law

This book offers the first comprehensive study of unjust enrichment as a principle of international law. While domestic legal systems have long recognised unjust enrichment as a basis for restitution, its role in international law remains underexplored. This book addresses this gap by examining the roles of the international norm against unjust enrichment both as an independent basis for a claim and in the development and interpretation of other international norms. It explores the far-reaching implications of this norm for inter-state relations and investment arbitration. The book advances three key arguments: that unjust enrichment claims in international law may extend to indirect recipients; that states enriched through conduct harming another state can incur liability in unjust enrichment even without a transfer of value from the harmed state to the enriched state; and that the principle of unjust enrichment is not merely subsidiary to the law of state responsibility for internationally wrongful conduct. Through rigorous analysis, the book explores the rationales underlying unjust enrichment - proprietary, fairness, and wrongfulness - and evaluates their applicability in the international arena. It also considers practical challenges such as indeterminacy, multiple-claimant situations, and the risk of proliferating disputes. Drawing on jurisprudence from the Iran-US Claims Tribunal, ICSID, and other international tribunals, as well as comparative insights from English, German, US, and other domestic laws, the book provides a nuanced framework for applying unjust enrichment in international law. It will be indispensable for scholars of public international law, practitioners engaged in inter-state adjudication, government lawyers, and investment arbitration specialists seeking principled solutions to complex disputes.

Unjust Enrichment in International Law

Elements of International Law

Reservations to Treaties

This book honours a remarkable legal thinker, David Feldman, whose influence on public law and on multiple generations of legal scholars and practitioners has been profound. It provides a unique set of insights into some of the most topical and enduring questions in public law (broadly conceived), through the reflections of a stellar line-up of contributors on key dimensions of David Feldman's rich body of work. Each chapter constitutes an original and important contribution to the field, taking David Feldman's seminal writings as a starting-point and developing contemporary, distinctive analytical perspectives. Like David Feldman's work itself, the book ranges across - and acknowledges and explores the porous relationships between - constitutional law, administrative law and human rights and civil liberties.

Essays in Honour of David Feldman

The Mosaic of Public Law

Studien zum Regulierungsrecht

This study develops, from the perspective of European law, a concept for the systemic regulation of disinformation on online platforms aimed at safeguarding the integrity of the public opinion-formation process in the European Union. Against the backdrop of disinformation events between 2016 and 2025 and the changing conditions of platform-based communication, it examines - on the basis of the fundamental rights of the European Union, in particular the scope of protection of freedom of expression under Article 11(1) of the Charter of Fundamental Rights - how proportionate disinformation regulation can be designed within the framework of Articles 34 and 35 of the Digital Services Act and implemented, for instance, through a code of conduct pursuant to Article 45.
 

 The study combines a doctrinal legal analysis of freedom of expression with legal-philosophical and legal-sociological perspectives, drawing on emergence theory to explain how individual disinformative expressions transition from the discursive micro-level to the macro-level of public discourse. On this basis, it develops the concept of disinformation dynamics as an operational point of reference for systemic risks within the meaning of the Digital Services Act.
 

 The result is a proposal for a procedural regulatory architecture that, instead of relying on substantive assessments of truth, is based on a rebuttable presumption of disinformation and, where such suspicion is triggered, enables rights-compliant regulatory measures through a discursive reversal of the burden of proof. An interdisciplinary analysis of AI-based algorithmic detection methods - including knowledge-based, style-based, and dissemination-based approaches - demonstrates the technical feasibility of the concept and identifies the requirements for accuracy, fairness, and explainability in automated disinformation detection.
 

 The study thus contributes to the doctrinal development of European platform regulation and outlines ways to safeguard public opinion formation as a foundation of democracy in the digital sphere.

Rechtliche und technische Möglichkeiten zur Desinformationsbekämpfung auf Online-Plattformen am Maßstab des Art. 11 Abs. 1 GRCh

Systemische Desinformationsregulierung

If you want to know more about living trusts, this book is here to help. Make Your Living Trust gives you straightforward and easy-to-understand information about how living trusts: <ul> <li>compare to wills</li> <li>pass property to beneficiaries without probate</li> <li>provide for minor children, and</li> <li>help protect against unexpected incapacity.</li> </ul> You might have heard about living trusts and have a general sense that you should make one. But if you're like most people, you're not exactly sure why or how to do it. If this sounds like you, Make Your Living Trust provides the information and support you need to make informed estate planning decisions. For many people, living trusts are a useful tool to keep their property out of probate. This makes a lot of sense because probate often makes the process of wrapping up an estate more complicated and expensive than it needs to be. And there are other reasons to make a living trust -- a living trust allows you to authorize someone to take care of your property in case of incapacity, and (unlike wills) living trusts keep your personal business private. That said, not everyone needs a living trust. Many people need only a will and a durable power of attorney. Others might use those in conjunction with pay-on-death accounts or transfer-on-death deeds. Compared to other estate planning tools, living trusts can be more expensive to create and more complicated to live with. So, you don't want to go through the trouble and expense of making one if you don't need to. Make Your Living Trust helps you think through these and many other trust-related issues. For example, it helps you weigh the pros and cons of making a living trust yourself versus having an attorney draw one up. It also covers questions that might come up as you make a living trust (with or without a lawyer), like: <ul> <li>What types of property work well in a living trust?</li> <li>Can you and your spouse make a living trust together?</li> <li>What is the role of a successor trustee?</li> <li>Who decides when minor children receive their inheritance?</li> <li>How do you transfer property into your living trust?</li> <li>What makes a living trust legal?</li> <li>Where should you store your living trust?</li> <li>Do you have to register your trust or share it with your family?</li> <li>What other estate planning documents might you need?</li> </ul> Make Your Living Trust can help with all of this and more. It will be your steady companion as you learn about wills and trusts and start to craft your estate plan.

Make Your Living Trust

Human Rights Law in Perspective

This book offers an analysis of how the European Court of Human Rights engages with identity and emotion, revealing both the promise and the limitations of human rights law in addressing the complexities of human experience. The book explores how human rights law, often framed as universal and abstract, responds to deeply personal questions of identity, belonging, and emotional impact. Based on a systematic study of over 3,300 judgments, the book shows how the European Court of Human Rights has increasingly made identity central to its reasoning - particularly in cases involving sexuality, ethnicity, and family life. In these areas, the Court acknowledges how state actions shape emotions such as fear, humiliation, and dignity. Yet, in other domains - migration, religion, professional life - the Court avoids emotional engagement, leading to troubling inconsistencies. The book argues that when emotions are excluded from legal reasoning, individuals are reduced to formal entities, stripped of depth and interiority. Combining doctrinal analysis with insights from social theory and psychology, the book presents a new framework for understanding how emotions and identity interact with law. It traces the evolution of identity references across categories and highlights the Court's uneven treatment of emotional harm. This timely and original contribution speaks to legal scholars, practitioners, and theorists interested in human rights, identity politics, and the emotional dimensions of law. It calls for a more responsive and empathetic human rights jurisprudence - one that reflects the lived realities of those it seeks to protect.

A Sentimentalist Analysis of Human Rights

Identity and Emotions at the European Court of Human Rights

This classic textbook provides a thorough overview of European private international law. It is essential reading for students and practitioners of private international law and transnational litigation, wherever they may be located: the European rules extend beyond European shores. Opening with foundational questions, the book clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore private international law and insolvency, freedom of establishment, and the impact of private international law on corporate social responsibility. The relevant Hague instruments, and the impact of Brexit, are fully integrated in the various chapters. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression, ensuring it maintains its position as the leading textbook in the field.

Commercial Litigation in the EU

European Private International Law

Modern Studies in European Law

Structural Principles of EU Law

Current Challenges at the International Criminal Court - Domicide, Urbicide and Other Emerging Issues

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