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Livingston D: Managing Paperwork in
Mamluk Cairo

Managing Paperwork in Mamluk Cairo

Archives, Waqf and Society

Landmark Cases

Part of the iconic Landmark Cases series, this book brings the most significant cases in charity law together for the first time. More than four hundred years have passed since the concept of charity was first given statutory legal form in England in the Statute of Charitable Uses of 1601. This book explores the substantial body of judge-made rules and principles developed since then, highlighting a carefully curated selection of the landmark cases which have shaped charity law. Each chapter analyses one or more judicial decisions, setting them in their historical context, explaining their contemporary importance, and considering their future relevance. The selected cases cover a broad range of topics. Some go to the heart of what it means to be a charity, elucidating charity's legal definition and public benefit requirement. Others demonstrate how charity law has been shaped by its interaction with other bodies of law, including trust law, company law and equality law, and by emerging tensions between trustees' overriding duty to further the charity's purposes and broader moral obligations or ethical considerations. The book has a core focus on English precedents, but the cases are touchstones in many jurisdictions. Our contributors therefore include scholars, judges and practitioners from Australia, Canada, New Zealand and Singapore, as well as from the UK. The result is a book that sheds new light on the application and development of charity law's defining rules and principles across the common law world.

Landmark Cases in Charity Law

International Studies in the Theory of Private Law

This book examines the English and German version of the numerus clausus principle which holds that there is a closed list of permitted property rights. It challenges recent views that the principle renders property law inflexible and unable to accommodate social and economic changes. Relying on a novel approach combining property theory and comparative research of English and German law, it argues that the restrictions the principle imposes on the creation of new property types actually does accommodate social changes through a process of 'functional transformation' of the existing property rights. This is a fascinating, unique study, that makes a rigorous, original contribution to property law theory.

A Comparative Approach to the Principle of Numerus Clausus

Stability and Change in Modern Property Law

Studien zur Europäischen Rechtsgeschichte

Das europäische Privatrecht hat sich in den letzten 100 Jahren vom Liberalen zum Sozialen Privatrecht entwickelt. Die Grundlagen hierfür wurden im deutsch-französisch-italienischen Diskurs der Zwischenkriegszeit gelegt. Weitere maßgebliche Impulse erfolgten im Faschismus und im Zuge der Europäischen Integration der drei Staaten nach 1945. Die Genese des heutigen Sozialen Privatrechts ist erstmals umfassend analysiert und im Rahmen trilateraler Konferenzen in der Villa Vigoni diskutiert worden. Dieser letzte von drei daraus hervorgehenden Bänden beschäftigt sich mit der Bedeutung, die der "deutsch-französische Motor" der Europäischen Integration ("moteur franco-allemand") für diese Entwicklung hat.

Liberales Soziales Privatrecht? Der "deutsch-französische Motor" der Europäischen Integration

Bürgerliches Recht im nachbürgerlichen Zeitalter - 100 Jahre Soziales Privatrecht in Deutschland, Frankreich und Italien Bd. III

This collection of essays presents a socio-legal history of epidemics from the medieval period to the present day. Building on previous studies of infectious diseases undertaken by social historians of medicine, this collection explores the histories of epidemics and disease by looking at the legal measures deployed against them. Whilst previous works have considered the mechanisms by which legal change occurs, the social and political assumptions on which new laws and new legal structures are premised and the social changes which follow, this book focuses on the way in which historical actors understood law to be a complex means of responding to disease and the way in which that law shaped (and limited) the responses which could be made to disease. Taking an interdisciplinary approach, it features contributions from scholars across a range of academic disciplines who consider the wider implications of epidemics and disease beyond the obvious health effects. The collection focuses first on regulatory responses such as the quarantine laws and border policies in the eighteenth century, the framing of 'disease' in the Colonial Immigration Acts in the nineteenth century and the ethics of public health in the twentieth century in Great Britain. It then goes on to consider developments in broader legal doctrine which themselves resulted from social and/or legal responses to disease, including the centralisation of labour regulation in the wake of the black death, property disputes about leper houses, pest houses and fever hospitals, and the prosecution of medical professionals for disease transmission in 19th century England. Methodologically all the chapters are historical, but a range of approaches has been taken, from quite traditional doctrinal legal history through socio-legal history to traditional political and social history, to bring the history of epidemics and the legal measures deployed against them in to sharp focus.

Epidemics and the Law from Plague to the Present

Legal Experts Examine 25 Influential Cases

Landmarks in American Automotive Law

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

The inside story of one of the most successful U.S. foreign aid programs in the Middle East in recent decades “An amazing story!&nbsp;A Daring Enterprise&nbsp;is a vivid account of the good America can do in the world if we’re faithful to our values.”—David Ignatius, columnist,&nbsp;Washington Post What happens when the United States launches an unconventional foreign aid program in the aftermath of a national uprising? In this behind-the-scenes account of the Egyptian-American Enterprise Fund—a private investment fund created by the U.S. Congress to jumpstart Egypt’s private sector after the 2011 Egyptian revolution—A Daring Enterprise&nbsp;tells the story of one of the most effective, yet little known, U.S. foreign policy programs today in the Middle East. Through the firsthand account of the Fund’s chairman James Harmon, a veteran investment banker and former Clinton administration official, the authors reveal how a small, U.S.-backed investment fund partnered with Egyptians to spark investment, create jobs, and expand opportunities for women in the Arab world’s largest country—all against a backdrop of political instability, anti-Americanism, and Washington dysfunction. At a time when America’s budget deficit is rising and foreign aid is being scaled back,&nbsp;A Daring Enterprise&nbsp;reveals how a new model of foreign assistance can tackle urgent development challenges while delivering real returns for U.S. taxpayers. Most importantly, it is a powerful reminder of the value of foreign aid and why smart foreign investment is key to America’s future prosperity.

A Us-Egyptian Partnership and the Case for Soft Power

A Daring Enterprise

This book examines the origins, deployment, and legacy of Order 1305, a measure introduced in 1940 to make it a criminal offence to take part in a strike. Surprisingly, the prohibition on the right to strike was retained by the Attlee administration after the Second World War, and was transformed to become a weapon of government during the Cold War to deal with what were wrongly claimed by ministers to be Communist-inspired strikes engineered for subversive purposes. In a deep analysis of Order 1305, the authors provide a reassessment of the role of the State in industrial relations. Challenging much contemporary learning in labour law, the book is informed by a very detailed engagement with Cabinet and ministerial papers, which highlight the contradictions on the part of government in simultaneously promoting and containing trade union power. These sources also highlight the extent to which trade unions both relied on and were co-opted by the State. The main focus of the book, however, is the role of Order 1305 in the control of trade union activists, with the continuing presence of the criminal law and allegations of communist inspired strikes ensuring an important role for MI5 and Special Branch in post-war industrial relations. Material unearthed at the National Archives demonstrates unequivocally not only that trade unions were deeply penetrated, but also that trade union activists were the subject of extensive surveillance, as the authors fully reveal.

A Legal and Political History of Order 1305

Labour Law, the Cold War, and the Right to Strike

Reconstructing the Global Framework for Housing Finance

Transnational Mortgage Law

Studies in the History of Tax Law, Volume 12

The U.S. Constitution is silent about a right to privacy, yet the Supreme Court determined in the 1965 reproductive rights case Griswold v. Connecticut, that such a right is inferred from the Bill of Rights. The reasoning in the landmark case hinged on an unexpected word – penumbra. The Court concluded, in other words, that the unmentioned right to privacy resides in the shadows of the amendments. But this was not the first time penumbral imagery was used in legal writings, and its broader cultural usage dates back much further. Jared Schroeder's The Penumbra Problem provides a much-needed – and quite colorful – social and cultural history of the term. The penumbra concept, it turns out, wasn't an accidental choice but instead a well-selected term with centuries of transnational history. Schroeder tells its story through two intertwining narratives: first, how the word penumbra transcended its oblique scientific origins to become a distinct cultural concept; and, second, the parallel story of its evolving use in legal thought. The book tracks back and forth in time, creating an unexpected lineage of people and works who became unwitting champions of the penumbra concept, including mathematician Johannes Kepler, feminist activist Estelle Griswold, British thinker Robert Hooke, and lexicographer Noah Webster. Pairing these stories with the writings of great legal thinkers such as Willam Douglas and Oliver Wendell Holmes, Schroeder is able to construct a kind of etymological love letter to this obscure concept. Not everyone has supported the privacy precedent, though, and it is no exaggeration to say that it is in danger today. Schroeder's clever, utterly unique history is, at its core, a call to redouble efforts to save the right to privacy. He argues that we must understand its ponderous, indeed uncertain, origins to fully appreciate the precarity in which it exists today, and only then can we adequately fight for it.

The Rise and Fall of the Little-Known Word That Protects Our Privacy

The Penumbra Problem

This book considers whether Parliament recognises a constitutional right to property. Parliament is supreme: in theory, there is nothing to stop it from passing laws to confiscate property. Nevertheless, MPs often argue that a proposed law would be unconstitutional. What does this mean in a system without a written constitution? What counts as a sound argument about constitutional rights? And what influence do constitutional arguments have on the legislative process? The book takes a close look at these questions. It reviews legislation and debates from the Middle Ages through to more recent legislation, and covers a wide range of topics, such as land reform, nationalisation, taxation, regulatory laws and retrospection. It also looks at the most recent debates and considers the relevance of constitutional thinking to election manifestos of the main political parties.

Parliament, the Constitution, and Property in the United Kingdom

Managing Paperwork in Mamluk Cairo

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