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This book considers the judicial development of the signature--its definition, purpose, and legal functions. Since the thirteenth century, the signature has been used to demonstrate proof of intent. This book puts the concept of the signature into a broad legal context, setting out the purposes and functions of a signature. Drawing on cases from common law jurisdictions across the world, this book demonstrates that judges expanded the meaning of the signature as technologies developed and were used in unanticipated ways. Following an overview of the historical methods used to demonstrate proof of intent and authentication, the book considers the judicial response to the variations in form that signatures have been subject to over the past two hundred years, from initials, partial signatures, and fingerprints to rubber stamps and typewriting. Past judicial decision-making not only demonstrates the flexibility of the form a signature can take but also confirms that judges had the flexibility of mind to accept the first forms of electronic signature (telex, facsimile transmission) without the aid of special legislation. In this way, the signature is a prime example of the inherent flexibility of the English common law.
Two leading authorities address the technical and ethical issues of practicing law in the digital age. In this updated edition of a well-established practitioner text, Stephen Mason and Daniel Seng have brought together a team of experts in the field to provide an exhaustive treatment of electronic evidence and electronic signatures. This fifth edition continues to follow the tradition in English evidence textbooks by basing the text on the law of England and Wales, with appropriate citations of relevant case law and legislation from other jurisdictions.
This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence - illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions.Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of Electronic Evidence and International Electronic Evidence, and he founded the international open-source journal Digital Evidence and Electronic Signature Law Review in 2004.This book is also available online at http: //ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law.
A powerful guide to seeking justice from corporations who commit human rights and environmental atrocities. Multinational enterprises, or MNEs, can contribute to economic prosperity and social development in the countries where they operate. At the same time, their activities may directly or indirectly cause harm to humans and to the environment. Historically, MNEs have rarely been held accountable for their involvement in human rights abuses and environmental damage. In recent years, however, activists have sought to hold parent companies directly liable for the harm caused by their group's activities. They have also strategically used litigation to trigger corporate accountability reforms at international, regional, and national levels. Focusing on Europe, this book evaluates the extent to which litigation against MNEs has been effective in achieving access to justice and corporate accountability, particularly in civil-law countries. It also considers whether ongoing regulatory developments, such as the adoption of mandatory human rights due diligence norms and the negotiations for a business and human rights treaty, can contribute to the realization of access to justice and corporate accountability in the future.
The Clinical Legal Education Handbook is a practical resource and guide for those engaged in the design and delivery of clinical legal education programs at university law schools. The Handbook offers direction on how to establish and run student law clinics, sets out guidance on both the pedagogical and regulatory considerations involved in the delivery of clinical programs, and introduces the existing body of research and scholarship on Clinical Legal Education (CLE). CLE has become an increasingly popular method of legal education in recent years. By the end of 2013 at least 70% of all law schools in the United Kingdom were delivering some type of CLE, and 25% of these offered credit-bearing CLE programs. It is almost certain that this number will increase in the years to come with the advent of the forthcoming Solicitors' Qualifying Examination, which will allow time spent volunteering in a student law clinic to count as "qualifying work experience." However, despite the popularity of CLE, there is currently very little information available about the best practices for setting up and delivering these programs. The Handbook seeks to remedy this gap, offering an invaluable resource to staff involved in running law clinics, both as a practical guide to establishing and running their programs and as a teaching resource and recommended text on clinical programs. It will also act as a resource for clinical legal education researchers who wish to engage in regulatory, pedagogic, and legal service delivery research in this area.
Why do so few institutions in the legal sector have professional records managers or archivists on their staff? This book is the culmination of a three year project by experienced archivist and records managers on private sector legal records at risk in England at Wales. It summarises the work of the Legal Records at Risk (LRAR) project and its predecessors, diagnoses the problems of preservation of archives in the legal sector in England and Wales and outlines a national strategy for such records.
Women and the Law is a pioneering study of the way in which the law has treated women - at work, in the family, in matters of sexuality and fertility, and in public life. It was first published in 1984 by Susan Atkins and Brenda Hoggett, then University teachers. The authors examine the origins of British law's attitude to women, trace the development of the law and ways in which it reflects the influence of economic, social and political forces and the dominance of men. They illustrate the tendency, despite formal equality, for deep-rooted problems of encoded gender inequality to remain.Since 1984 the authors have achieved distinguished careers in law and public service. This 2018 Open Access edition provides a timely opportunity to revisit their ground-breaking analysis and reflect on how much has changed, and how much has stayed the same.
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