Aspen Publishers, Inc.

Arbitration and mediation in international business, 2d ed.

Bühring-Uhle's previous edition was amongst the first to comprehensively address international business arbitration and mediation, including alternatives that would keep cases out of the courts and get them settled in a timely and cost-effective manner. Rather than merely updating that edition to reflect the current literature and practice, this includes analysis of new methods created and applied in the past decade or so that rely more on conflict resolution and less on litigation. This edition provides a legal and institutional framework for conflict resolution, details the process of international commercial arbitration, provides tools and techniques to support business mediation, shows how to design procedures, and gives resources for alternatives to the courts. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

The concept of legislation in European Community law; a comparative perspective.

Many of the law-making powers that have previously been exercised through European national legislation have now been transferred to the European Union, where they are exercised by institutions and in procedures that do not correspond to that traditional state model. Türk says that the meaning of legislation must be clarified before any sense can be made of the situation. Taking Britain, France, and Germany as national examples, he finds a distinction between formal legislation adopted as provided by the constitution or constitutional principle, and substantial legislation comprising legal acts of general application. Then he shows how that dual concept is reflected in the legal system of the European Community. The study is substantially revised from his 2004 Phd dissertation at an undisclosed institution. Distributed in the US by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Flexibilisation and modernisation of the Turkish labour market.

Limiting its analysis to the Turkish formal economy, this volume aims to provide guidance to the Turkish government on implementing the European Union's acquis communautaire that requires Turkey to "increase workforce adaptability, to reorient social security instruments in order to promote reintegration into work, and to promote employment," to quote editors Pennings (Tilburg U. and Utrecht U., the Netherlands) and Süral (Middle East Technical U., Turkey). The volume examines the current state of labor flexibility, discusses the implementation of flexible work provisions, and explores the relationship between social security and flexibility. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

The future of the public domain; identifying the commons in information law.

The ongoing expansion of intellectual property has raised increasing questions about the maintenance of the public domain. Hugenholtz (director, Institute for Information Law, U. of Amsterdam, the Netherlands) and Guibault (a senior research at the Institute for Information Law) present 13 chapters that adopt an information law and policy approach to the topic. The first three chapters provide an overview of how the public domain is affected by various legal and paralegal influences, explore the intersection of law and economics as pertains to the public domain, and examine the human rights foundations of the public domain. Others look at the increasing commodification of information by (not necessarily free) contractual means in digital environments and the dangers of information enclosure through technical measures such as copy-protection or access-control mechanisms. Chapters that are focused on intellectual property law examine, in turn, copyright law, database protection law, and patent law. "Quasi-property rights" law is dealt with in chapters examining data protection and other privacy rights that underlie property-like claims in personal data and other privacy- based commodities, as well as Europe's data protection laws and other substantive rules of privacy protection. The final two chapters examine self-regulatory initiatives aimed at protecting the public domain: the Creative Commons project and the Open Source Software movement. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

International civil litigation in United States courts, 4th ed.

Born (an international arbitration practitioner and partner with WilmerHale, UK) and Rutledge (Columbus School of Law, Catholic U. of America, US) gather legislative and case materials and provide commentary on international civil litigation in US courts. They open with discussion of judicial jurisdiction of US courts over (subject matter in and parties to) international disputes and exploration of foreign sovereign immunity and jurisdiction of US courts over foreign states. The issue of choice of forum is covered in chapters discussing forum non conveniens in international litigation, international forum selection agreement, and lis alibi pendens and antisuit injunctions. Three more chapters examine legislative jurisdiction, choice of law in international litigation, and act of state and foreign sovereign compulsion. Remaining chapters address service of US process on foreign persons, extraterritorial discovery and taking evidence abroad, recognition and enforcement of foreign judgments, and international commercial arbitration and US courts. (Annotation ©2007 Book News Inc. Portland, OR)

International environmental law and policy, 2d ed.

This law school course book combines analytic materials on international environmental law with discussion of real life issues. For this second edition, the authors (of Georgetown U. School of Law, McGeorge School of Law, and Chicago-Kent College of Law) have maintained an approach that stresses the links between international and domestic law, the merging of public and private international law in certain cases, and the relevance of social and natural science in the development and implementation of international environmental law. Their treatment includes coverage of basic concepts and context regarding international environmental protection, general and specific norms of pollution control, national resources management, and issues of trade and finance. A series of appendices provide a guide to further research, information on international organization, basic materials on the steps followed in the negotiation and ratification of multilateral agreements, and materials on the international protection of national sites. (Annotation ©2007 Book News Inc. Portland, OR)

An introduction to law and legal reasoning, 3d ed.

Burton (law, U. of Iowa) introduces beginning law students to the fundamentals of legal reasoning as it is practiced conventionally in the U.S. He starts by discussing the concepts of cases and rules and goes on to explain the components of analogical and deductive legal reasoning. Other topics include the nature of relations among cases and the roles of principle and policy. (Annotation ©2007 Book News Inc. Portland, OR)

Just memos, 2d ed.

In this guide, Oates and Enquist (legal writing program, Seattle U.) provide instructions for writing objective memos. Meant to be used as a text for a legal writing course, the guide sets out materials that were published in Books I and II of the fourth edition of The Legal Writing Handbook. Chapters cover the American legal system, legal reading, and researching, analyzing, and writing each part of objective memoranda. Sample memos are updated, and this edition has new information on transitioning undergraduates from other types of academic writing, an emphasis on the global nature of legal practice, shorter chapters, practice pointers, and more exercises. (Annotation ©2007 Book News Inc. Portland, OR)

National security law, 4th ed.

In putting together this case method law textbook, Dycus (Vermont Law School), Berney (Boston College), Banks (Syracuse U.), and Raven- Hansen (George Washington U.) have focused on the core domestic legal issues of US national security rather than attempt to cover all facets of the field. They look at the constitutional framework for national security and the domestic effect of international law; war powers and use of force abroad; limits of intelligence operations, covert action, and other legal problems in the intelligence field; and issues pertaining to collecting and protecting national security information. As with the last volume, published shortly after the 9- 11 attacks, a core portion of the text looks at issues related to terrorism and anti-terrorism, including definitions of terrorism, congressional authority for national security surveillance, third- party records and data mining, security screening, surveillance abroad, civil and military detention of terrorist suspects, suspension of Habeas Corpus, interrogation and torture, secret evidence, military commissions, and the domestic role of the armed forces. (Annotation ©2007 Book News Inc. Portland, OR)

The politics of a European civil code.

This series of essays considers what could be a forthcoming pan-European civil code and how the relative political power of member states will likely direct its structure and content. Based upon interpretations of the European Commission's Action Plan on European Contract Law held at the conference The Politics of a European Civil Code in Amsterdam in January 2005, the material here delineates current debates, covering such topics as a technical v. a political code. Coherence and social values in private law, property law, labor codes, cultural diversity, legitimacy (given the relative competencies among states), the effect of the constitutional process, models, social justice and the politics of process. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Prevention and compensation of marine pollution damage; recent developments in Europe, China and the US.

Approaching the topic from comparative European and Chinese perspectives, this work examines legal instruments designed to prevent oil pollution or provide compensation for it. The 22 included papers draw on insights from maritime, environmental, liability, insurance, and criminal law as implemented in Asia and Europe, as well as the relevant international legal instruments. A number of the contributed papers provide economic analysis of the law in order to identify optimal remedies for oil pollution damage. Also included are case studies of compensation law in Indonesia, Belgium, the United States, and Spain. Distributed in North American by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)

Security over immovables in selected jurisdictions.

Campbell (director, Center for International Legal Studies, Austria) presents 16 country case studies on the legal mechanisms for securing "immovables" (or "real property" in Common Law jurisdictions). Each chapter explains how the particular country structures its laws pertaining to mortgages, liens, and similar security mechanisms and analyzes possible problems that may arise from the particular approach. Also explored are the legal obstacles facing non-nationals in purchasing immovables. The case studies cover the Czech Republic, Greece, Hungary, Ireland, Japan, Malaysia, the Netherlands, the Philippines, Portugal, the Slovak Republic, Spain, Sweden, Switzerland, Taiwan, and Ukraine. Distributed in North America by Aspen Publishers, Inc. (Annotation ©2007 Book News Inc. Portland, OR)