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Barros E: The Foundations of Tort Law in
the Civilian Tradition

The Foundations of Tort Law in the Civilian Tradition

A Comparative Perspective

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-need--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 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

The U.S. Department of Housing and Urban Development (HUD) initiated the Rental Assistance Demonstration (RAD) as a tool for preserving affordable housing and addressing the growing backlog of capital improvement needs for public housing and HUD-subsidized projects across the nation. RAD seeks to preserve at-risk affordable housing by converting the federal rental subsidy provided by the public housing program (First Component), or legacy subsidy programs (Second Component) to the Section 8 program, using either project-based-rental assistance (PBRA) or project-based vouchers (PBV).This Guide details public housing conversions under the First Component, but does not cover the conversion of affordable units in privately-owned properties that receive assistance under legacy subsidy programs under the Second Component.Table of Contents: <ol><li>Program Overview</li><li>Feasibility Analysis</li><li>Resident Engagement</li><li>Application Submission</li><li>Statutory and Regulatory Waivers and Considerations</li><li>Resident Protections</li><li>Relocation</li><li>CHAP Award and Pre-Financing Plan Milestones</li><li>Financing Plan Submission</li><li>Closing Process</li><li>Post-Conversion Processes</li><li>RAD/Section 18 Blend</li><li>Restore-Rebuild</li><li>Conclusion</li></ol>

Guide to Public Housing Conversion Under Rad, Second Edition

This book aims at deepening the understanding of the adjudication trend in the field of arbitration of disputes over the international sale of goods, providing reference for current academic discussions, helping the arbitration community strengthen their knowledge of the Convention.

Selection of Typical Arbitration Cases

The United Nations Convention on Contracts for the International Sale of Goods

This book brings together leading scholars from private law and employment law to reflect upon private law doctrines as they relate to the employment contract. Developing an interdisciplinary dialogue, these contributions explore the regulatory functions of private law doctrines at the cutting edge of modern employment law. Topics include the potential and limitations of private law damages; the role of injunctions and specific performance; the interactions between express and implied terms; vicarious liability; substantial performance and breach; and the common law right to work. The integration of scholarly perspectives from the realms of private law and employment law enriches and deepens our understanding of core private law doctrines. Historically, employment law was defined in terms of its autonomy from general private law. This achievement of autonomy was highly prized, and considered necessary to facilitate industrial freedoms for trade unions and the protection of employees from exploitation. But the contractual basis of employment means that any such autonomy has always been partial and unstable. Furthermore, as trade unions have declined and governments have deregulated statutory employment rights, private law has assumed growing practical importance in strategic appellate litigation. In many common law jurisdictions, private law doctrines have become the new battleground between employers, workers and trade unions. The essays in this book examine specific doctrinal issues against this dynamic backdrop of changing social, economic and constitutional conditions. While focused mainly on English law, the essays also consider examples from other jurisdictions including Australia and Scotland. As private law becomes the default regulation for most employment contracts in 21st-century labour markets across the world, this book is an essential resource for practitioners, judges, academics and students.

Private Law and the Employment Contract

This book examines how the International Criminal Court (ICC) evaluates evidence within its hybrid legal framework, providing a comparative analysis of continental and common law traditions as applied in trial practice. It illustrates how the legal backgrounds of judges influence both conceptual and practical understanding of the prosecutorial burden of proof, the presumption of innocence, and the principle of free evaluation of evidence. These disparities create tensions in the way evidence is assessed. Focusing on key cases such as Bemba, Gbagbo, and Ongwen, the book identifies recurring challenges, including the tendency to confuse procedural rules with the rigorous reasoning process required by evidence law. It challenges the continental assumption that evidence law is merely a set of admissibility rules. It redefines it as a body of law that offers a structured method of reasoning, supporting a principled approach to the admissibility of evidence at the trial stage and its evaluation at the judgment stage. The lack of consistent, robust reasoning in the case law of the ICC on evidence issues has resulted in reasoning contradictions, exposing it to criticism. Fairness, transparency, and legitimacy have been compromised, particularly as the principle of free evaluation of evidence, is conceptually incompatible with the prosecutorial burden of proof. However, it continues to be regarded as a safeguard of the presumption of innocence, even during the weighing process at the end of the trial. The book proposes a bespoke evidence law for the ICC: one that is neither transplanted from national legal orders nor eclectic in design, but uniquely crafted to meet the specific needs of each case. It offers legal scholars, judges, prosecutors, and practitioners a comprehensive analysis of the conceptual misunderstandings that affect evidentiary reasoning at the Court. It argues that a principled approach to evaluating international criminal evidence is essential for developing a consistent body of evidence law for International Criminal Tribunals.

Legal Traditions in Conflict: Common and Continental Law at the ICC

International Criminal Evidence Law

Rights and Responsibilities

Press Freedom, Access to Information, and Media Ethics in Africa

Democrats and Republicans

Today's Crime and Punishment Issues

Responses to a Legally Fragmented World: A Private Law Perspective, General Course of Private International Law by Francisco Garcimartin Two distinctive features of contemporary private international law are its methodological plurality and normative versatility. The methodological plurality entails a combination of techniques to deal with cross-border cases. The normative versality entails the use of these techniques for different and even conflicting policies. This course explores these characteristics and presents a series of arguments for critically addressing them. The general premise that underpins the entire course is the heuristic value of emphasizing its private law nature. Private international law is fundamentally private law, and the conceptual framework and principles of private law are essential for understanding, organizing, and rationalizing its analysis. Practicing before the International Court of Justice: What I Learned since the Nicaragua Case, Inaugural Lecture by Paul Reichler In this presentation, Mr. Reichler reflects on his practice litigating cases before the International Court of Justice since his first appearance before the Court in 1984 inNicaragua v. United States, and lessons learned during the past five decades about the Court itself, the unique and indispensable role it plays in the rules-based international legal order, and the special obligations on counsel who appear before it that extend beyond those to which counsel are accustomed when they litigate in national courts.

Recueil Des Cours, Collected Courses, Tome 451

An International Comparative Analysis

Force Majeure

Substantive Cases

Landmark Cases in EU Law, Volume 2

"Not only does it cover everything that you might be going to a book on this subject to find, and does so with sure-footed accuracy and helpful summary route-maps at key points, but as with all the best books, it also includes matters that you would not realise that you should be aware of." Alex Ruck Keene KC (from a review of the previous edition) Written with busy practitioners in mind, in clear and concise language with the use of flow charts and tables, two broad areas of law are covered: 1. Admission to hospital and treatment for mental disorder of children and young people ('adolescents'). &gt;Coverage includes: - an overview of the system of supports for under 18s with complex mental health needs; - decision-making by adolescents and those with parental responsibility; - deprivation of liberty; - the application of the Mental Capacity Act 2005 to under 18s; - the rules for identifying 'parental responsibility' and the 'nearest relative'; - admission to hospital and treatment for mental disorder, both 'informal' and detention under the MHA 1983; - discharge from hospital, focusing on the role of the Tribunal and specific issues for adolescents; - after-care planning; and &gt;The Second Edition covers developments in law and policy since the publication of the 1st edition, including analysis of: - the raft of judgments concerning adolescents with complex needs; - case law and policy concerning mental health care, with explanation of their impact on under 18s; &gt;This title is included in Bloomsbury Professional's Family Law and Clinical Negligence online services.

A Legal Guide for People Working with Children and Young People

Adolescent Mental Health Care and the Law

The Regulation of Artificial Intelligence in High-Risk Civil Applications

Law, Death, and Robots

The Foundations of Tort Law in the Civilian Tradition

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