Bøger i Landmark Cases serien

This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.

This book features essays by leading legal scholars on 'landmark' labour law cases from the mid-19th century to the present day. The essays are acutely sensitive to the historical and theoretical context of each case, and the volume provides original and sometimes startling new perspectives on some familiar friends. There are few activities as distinctively human as work and labour. The book traces the development of labour law through the social struggles and economic conflicts between workers, trade unions, and employers. The narrative arc of its landmark cases reveals the richness and complexity of the human story played out in the working lives of real people. It also charts the remarkable transformation of the constitutional role of courts in labour law, from instruments of class oppression to the vindication of workers' fundamental rights at work. The collection will be of interest to students, scholars, and legal practitioners in labour and equality law, as well as students in management studies, industrial relations, and labour history.

This collection of essays contains in-depth analyses of eighteen landmark cases in private international law, from Penn v Lord Baltimore in 1750 to Brownlie v FS Cairo (Nile Plaza) LLC in 2021. The contributors are experts drawn from academia and practice as well as from the bench. Case law has been a central driver in the legal development of the English conflict of laws. Judge-made law does not just supply a source of law itself but also acts as the crucible in which other sources of law - legislation, international Treaty, European regulation, and ideas generated by jurists such as Joseph Story and Albert Venn Dicey - have been tested and applied. This book sheds new light on the past and future evolution of private international law by focusing on the landmark cases which have fundamentally shaped the way that we think about this subject. The focus is on the English common law, but landmarks in Scotland, Australia and Canada are covered as well. Many of them concern disputes between commercial parties; others deal with issues such as marriage and domicile; and some arise from controversies in political, constitutional and international affairs. The landmark cases tackled in this collection address significant issues in civil jurisdiction, governing law, foreign judgments, and public policy. The essays place those landmarks in their historical context, explain their contemporary importance, and consider their future relevance.

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society.Consumer law is often constructed as purely statute-based law. However-as this collection will demonstrate-this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, had a patterning effect on the economic organisation of markets, and expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.

This new addition to Hart's acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law.The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages.The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States' privacy jurisprudence on the development of privacy law), Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided.

In this book leading scholars focus on leading cases, and analyse that case in its historical or theoretical context.

In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution.

This book contains thirteen original essays on leading tort cases, ranging from the early nineteenth century to the present day.

Landmark Cases in Public Law adopts a contextualised historical approach and provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis.

This book explores the development of basic principles of property law in leading cases. Each paper considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence.

Criminal cases raise difficult normative and legal questions, and are often a consequence of compelling human drama. In this collection, expert authors place leading cases in criminal law in their historical and legal contexts, highlighting their significance both in the past and for the present.The cases in this volume range from the fifteenth to the twenty-first century. Many of them are well known to modern criminal lawyers and students; others are overlooked landmarks that deserve reconsideration. The essays, often based on extensive and original archival research, range over a wide spectrum of criminal law, covering procedure and doctrine, statute and common law, individual offences and general principles. Together, the essays explore common themes, including the scope of criminal law and criminalisation, the role of the jury, and the causes of change in criminal law

The past two hundred years have seen the transformation of public international law from a rule-based extrusion of diplomacy into a fully-fledged legal system. Landmark Cases in Public International Law examines decisions that have contributed to the development of international law into an integrated whole, whilst also creating specialised sub-systems that stand alone as units of analysis. The significance of these decisions is not taken for granted, with contributors critically interrogating the cases to determine if their reputation as 'landmarks' is deserved. Emphasis is also placed on seeing each case as a diplomatic artefact, highlighting that international law, while unquestionably a legal system, remains reliant on the practice and consent of states as the prime movers of development.The cases selected cover a broad range of subject areas including state immunity, human rights, the environment, trade and investment, international organisations, international courts and tribunals, the laws of war, international crimes, and the interface between international and municipal legal systems. A wide array of international and domestic courts are also considered, from the International Court of Justice to the European Court of Human Rights, World Trade Organization Appellate Body, US Supreme Court and other adjudicative bodies. The result is a three-dimensional picture of international law: what it was, what it is, and what it might yet become.

Landmark Cases in Public Law adopts a contextualised historical approach and provides both an explanation of the importance and impact of the chosen decisions, as well as doctrinal analysis.

This book explores the development of basic principles of property law in leading cases. Each paper considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence.

This book brings together leading figures in the field to discuss the most significant cases in medical law. The cases are explored in their social and historical context to understand better what has influenced the development of the law.

Continuing in the 'Landmark Cases' series, this is a collection of essays on a series of landmark cases in the development of equitable doctrine running from the seventeenth century to recent times.

This is the 6th volume in the Landmark Cases of essays on leading cases. Individually the essays provide a reappraisal of the cases from a wide range of perspectives. Collectively, they explore several common themes that pervade the law of property.

Continuing in the 'Landmark Cases' series, this is a collection of essays on a series of landmark cases in the development of equitable doctrine running from the seventeenth century to recent times.

The landmark cases chosen for this collection provide considerable scope for doctrinal analysis as well as for in-depth examination of the social or policy developments that influenced them. The stories behind the cases often provide a fascinating insight into the complexities of family life and the drama that can be found in the family courts.

Landmark Cases in Defamation Law is a diverse and engaging edited collection that brings together eminent scholars from the United Kingdom, the United States, Australia, Canada and New Zealand to analyse cases of enduring significance to defamation law. The cases selected have all had a significant impact on defamation law, not only in the jurisdiction in which they were decided but internationally. Given the formative influence of English defamation law in the United States, Australia, Canada and New Zealand, the focus is predominantly on English cases, although decisions of the United States and Australia are also included in the collection. The authors all naturally share a common interest in defamation law but bring different expertise and emphasis to their respective chapters. Among the authors are specialists in tort law, legal history and internet law. The cases selected cover all aspects of defamation law, including defamatory capacity and meaning; practice and procedure; defences; and remedies.