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The book focuses on smuggling of migrants by sea from Africa to Europe and on the scope of European Union (EU) legal framework on this crime. The book argues that people smuggled by sea should be protected by EU law when they become victims of human trafficking or as potential victims of human trafficking. For this purpose, the book analyses the Trafficking Directive and other EU laws on the protection of victims of human trafficking. The book argues that although smuggling and trafficking are two separate crimes, they can overlap. Consequently, the law on human trafficking can be extended to smuggled migrants when there is the overlapping. The book highlights that when the category of smuggled people by sea cannot be included in the legal framework on human trafficking, other laws on migration should be applied rather than returning people to their countries of origin or of residence where they will face the same poor conditions they left and thus, they would try to travel again to Europe by the support of criminal organisations perpetrating smuggling.In order to prevent the smuggling of people, the book argues that different policies and laws should be applied. One policy should focus on fighting against the crimes of smuggling and trafficking by the support of EU agencies. The book states that Europol, Eurojust and Joint Investigation Teams should support EU Member States in the fight against smuggling and trafficking as these crimes can have a transnational dimension. However, fighting against these two crimes should be accompanied by developing economic policies in countries of origin or of residence.The book concludes that the EU is very far away from finding solutions to prevent smuggling of migrants by sea. It is concentrated on short term solutions which will not reduce the smuggling of migrants and their trafficking.
Trying Cases: Promise, Prove, Persuadeis a book for lawyers who want to understand the dynamic relationship between a lawyer and all the other people involved in a trial. Trial lawyers must do many things during a trial, and they must do them verywell. Trial practice is more complex than other types of legal service because it happens like a live broadcast, in the moment. Clients exercise their right to trial when other methods of dispute resolution have failed. Lawyers prepare for trial when no other option will work. Preparation is essential, but there is never a true blueprint for a trial. Each trial is unique. Once the jurors are seated and the story begins to unfold, there is no time to proofread or do over. Trial lawyers must hear and see the case as the jurors see it. They must listen carefully. They must make decisions quickly. They must know how to present and challenge witnesses with skill. They must know how to edit a case based on admissibility and protect the record for a potential appeal. They must know how to capture the compelling aspects of the evidence in their opening statements and closing arguments. Most importantly, trial lawyers must know how to promisein a credible, realistic sense, how to proveskillfully, and how to persuadejurors that the client should prevail.
Wrongful Convictions: Cases and Materials is the first legal textbook to explore the complex and fascinating legal and scientific issues involved in wrongful convictions and the exoneration of the innocent.
This book contains a comparative constitutional analysis of the constitutional/judicial review systems in 208 countries. Itgives a broader overview and deeper knowledge of such systems around the world. The study was created by the students research group of the European Law School to the New University in Slovenia, conducted by professor Arne Marjan Mav¿i¿. The institutional and functional comparative method is making readers familiar with constitutional systems of different countries, drawing on features for individual world regions and considering specific types of constitutional and judicial review. Using a special systemic presentation model, the researchers treat different systems and institutions that hold their exclusive decision-making power on constitutional matters. Their review quite often covers legislative acts that are the highest legal instruments of a specific legal and political system. This gives each constitutional/judicial review institution a special status with power to provide constitutional and/or review under the system of the separation of powers, especially in relation to the legislative power in that it may even annul statutes adopted by the legislative body. Each systemic presentation model is completed depending on the currently available data (sources).
A century ago Americans entered and fought 'a war to end all wars.' In Living the World War: A Weekly Exploration of the American Experience in World War I we use the Congressional Record and the New York Times to see how an American citizen of that era would have experienced the World War without knowing what would come next. In addition to the War, Americans living during the weeks of October 1, 1916 to December 31, 1917 also debated women's suffrage, race relations, Prohibition, the rights of organized labor, reconciliation of North and South, and coal and fuel shortages. That experience of war, and the emerging national issues, profoundly shape America in the 21st century. Donald N. Zillman is the Edward Godfrey Professor of Law at the University of Maine School of Law. He majored in history at the University of Wisconsin and graduated from the Wisconsin (JD) and the Virginia Law Schools (LLM). In his career he served as an Army Judge Advocate officer and a professor of law at Arizona State University and the University of Utah before coming to Maine as the Dean of the University of Maine Law School. He also served as the President of the University of Maine at Presque Isle and as a visiting professor at the United States Military Academy at West Point and the University of Southampton (UK). His writings have focused on military law, energy law, and tort law. Elizabeth Elsbach received her JD from the University of Maine Law School in 2016. She majored in history, political science, and English at Saint Mary's College in South Bend, Indiana. During her time at Saint Mary's she lived abroad in Innsbruck, Austria where she immersed herself in the cultures, the languages, and the history of Europe. While in Law School, Elizabeth collaborated on an article on energy and natural resources for the Oxford University Press in addition to co-authoring Living the World War. She is pursuing a career in intellectual property law. The authors are law trained by profession and amateur historians by avocation. We bring the differing perspectives of men and women, military veteran and non-veteran, baby boom generation and millennial generation to our work. Join us in the experience of "Living the World War."
Abraham Lincoln was a successful lawyer for 25 years prior to his political career. Although he never went to law school, he studied under an established lawyer as an apprentice until he obtained his certificate of good moral character. Lincoln's lack of schooling, however, was not an impediment. He had a great respect for the law, a keen client-centered business sense and a gift for storyteller. In short, he was a world-class solutionist who was a true believer in his clients and their causes. His simple approach to problem solving included a combination of diligence, organization, and attention to detail. Lincoln was a street-lawyer. One day he would represent a criminal defendant and the next he would represent a landowner or the Illinois Central railroad. He did it all and he did it small. Lincoln spent his entire legal career with only one law partner at a time. In recent years, it is indisputable that the practice of law has undergone dramatic changes. The most important and exciting change is the reemphasis of the solo practitioner. The rugged soul who would hang out a shingle against all odds is the real beneficiary of the revolution currently going on in the business of law. To be a lawyer is more about client service than ever before. If you learn to live by the very real truism of focusing on the work and the money will take care of itself, you will be a success in this most honorable profession. Abraham Lincoln called the practice of law "an honest calling." Indeed, it is. Mike Dunn has been a practicing attorney for nearly 30 years. He was an associate professor and clinical director of the Access to Justice Clinic at Western Michigan University's Thomas M. Cooley Law School, where he currently is an adjunct professor of law teaching courses where he specializes in helping to launch new lawyers from page to practice. He is a co-host of the syndicated radio legal talk show: The Lawyer's Show based in Grand Rapids, Michigan. He maintains a busy law practice and has tried cases in state and federal court in Michigan, Wisconsin, and Illinois. He has published several legal periodicals on the Lawyer as Entrepreneur and the Teaching of Law.
Business Organizations: Statutes, Problems, and Cases (Second Edition) comprehensively covers all important aspects of business organizations law, including agency law; partnerships and limited liability partnerships; limited partnerships; limited liability companies; corporate law basics; the duties of care and loyalty; derivative lawsuits; closely held corporations; controlling shareholders; mergers and acquisitions; the Securities Act of 1933; and insider trading. Each chapter features detailed learning objectives, as well as dozens of problems for in-class discussion that require law students to delve into and apply statutes and case law. The second edition of the textbook has completely up-to-date coverage, including recent changes to the Revised Uniform Partnership Act and the Uniform Limited Liability Company Act; important new Delaware cases concerning controlling shareholders, takeover defenses, and other matters; changes in the Securities Act of 1933 and new SEC rules on crowdfunding and other exempt offerings; and recent developments in the law of insider trading. The electronic supplement to the textbook contains an additional chapter with up-to-date coverage of publicly traded corporations and advanced corporate governance issues. The supplement also contains 350 multiple-choice questions with detailed explanations that students can use to assess their mastery of the subject matter. In sum, Business Organizations will give all students a solid grounding in the knowledge and skills that all business attorneys should have. Michael K. Molitor is a Professor at Western Michigan University Thomas M. Cooley Law School in Grand Rapids, Michigan, where he has taught since 2004. Before joining WMU-Cooley, Professor Molitor practiced corporate and securities law for nearly ten years at a large law firm based in Grand Rapids. He graduated cum laude from Wayne State University Law School in 1994. Professor Molitor teaches courses in Business Organizations, Securities Regulation, Secured Transactions, and Wills, Estates, and Trusts.
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