ECPIL - European Commentaries on Private International Law

Brussels Ibis Regulation vol. 1

 edited by  Ulrich Magnus, Peter Mankowski

The Brussels Ibis Regulation is to become by far the most prominent cornerstone of the European law of international civil procedure. Its imminence can be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners - the Brussels I Regulation was a well-known and renowned instrument and the Brussels Ibis Regulation will become so as its proper heir. The so called Brussels system has proven its immeasurable and incomparable value for over forty years. The European Court of Justice and the national courts of the Member States have produced an abundance and a treasure of judgments interpreting the Brussels Convention and the Brussels I Regulation. The effort of completing a truly pan-European commentary mirrors the pan-European nature of its fascinating object. This commentary - which of course covers the jurisprudence of the ECJ in a comprehensive manner - assembles a team of very prominent and renowned authors from all over Europe. The authors' geographical provenience stretches from Denmark in the North to Italy in the South and from Portugal and the United Kingdom in the West to Austria in the East. Now the time is ripe to start such an enterprise.This commentary is the first full scale article-by-article commentary in English to address the Brussels Ibis Regulation. It is truly European in nature and style. It provides thorough and succinct in-depth analysis of every single Article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law.

The EU Succession Regulation: A Commentary

Edited by Alfonso-Luis Calvo Caravaca. Angelo Davì and Heinz-Peter Mansel

The European Succession Regulation is a landmark in the field of EU private international law. It unifies the conflicts of laws, jurisdiction and recognition of foreign judgments and some other legal instruments in the field of succession and wills. This volume provides an article-by-article commentary on the individual provisions of the Regulation, introduced by an overview of its general framework and underlying principles. As a reference tool for the Regulation, this book is intended to promote a high standard of interpretation and application. With contributions from leading scholars in the field, it uses a comparative approach in its analysis to enrich the academic debate and highlight the problems likely to arise in the practical application of the Regulation.

The European Union as an Area of Freedom, Security and Justice

Edited by Maria Fletcher, Ester Herlin-Karnell and Claudio Matera

This book presents a collection of essays on key topics and new perspectives on the EU’s Area of Freedom, Security and Justice (AFSJ).

Europe’s area of freedom, security and justice is of increasing importance in contemporary EU law and legislation. It is worthy of special research attention because of its high-stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.

As the AFSJ becomes more and more intertwined with ‘mainstream’ EU law, this edited collection provides a timely analysis of the merger between the two. Showcasing a selection of work from key thinkers in this field, the book is organised around the major AFSJ themes of crime, security, border control, civil law cooperation and important ‘meta’ issues of governance and constitutional law. It also analyses the major constitutional and governance challenges such as variable geometry, institutional dynamics, and interface with rights around data protection/secrecy/spying. In the concluding section of the book the editors consider the extent to which the different facets of the AFSJ can be construed in a coherent and systematic manner within the EU legal system, as well as identifying potential future research agendas.

The European Union as an Area of Freedom, Security and Justice will be of great interest to students and scholars of European law and politics.

Evidence of bad character (3^rd edition)

Edited by J. R. Spencer

This is the third edition of J R Spencer's now well established book which seeks to explain this area of law for the benefit of judges, criminal practitioners and academics teaching the law of evidence.

In the past, the rule excluding evidence of the defendant's general bad character and disposition to commit the offence was sometimes described as one of the most hallowed rules of evidence; Lord Sankey, in Maxwell v DPP, referred to it as '...one of the most deeply rooted and jealously guarded principles of our criminal law.' In reality it was not particularly ancient, and as the years went by it was increasingly attacked. On technical grounds the body of law surrounding it was criticised as over-complicated and inconsistent, and more radical critics condemned it as unduly favourable to the guilty. In response to this, the law was completely recast in Part 11 of the Criminal Justice Act 2003. This book, now again updated to take account of further legislative changes, case-law and academic writing, offers a thorough analysis of the bad character provisions of the Criminal Justice Act 2003 in the light of the way in which they have been interpreted by the courts.

Les grands arrêts de la procédure pénale

Edited by Jean Pradel, André Varinard

Bien que le principe de la légalité criminelle s'applique autant à la procédure pénale qu'au droit pénal de fond, on retrouve en procédure aussi bien qu'en droit de fond la jurisprudence comme source importante de la matière.

Le phénomène est certes ancien mais il se développe singulièrement depuis quelques décennies, et pour deux raisons au moins. D'abord, la complexité de textes dont la conciliation est de plus en plus malaisée appelle de façon pressante une interprétation qui ne peut provenir que du juge pénal. Ensuite, les arrêts de la Cour européenne des droits de l'homme prennent désormais une importance considérable en la matière et inspirent ceux de notre chambre criminelle.

Pour ces raisons, un ouvrage actualisé sur les grands arrêts de la procédure pénale s'avère indispensable pour les étudiants et les praticiens de la matière.

European Contract Law

Edited by Reiner Schulze and Fryderyk Zoll

European contract law is not only a key aspect of European private law but also plays a highly important role in the development of contract law at national level. However, European contract law is often an unfamiliar subject as its content, methods and objectives are overshadowed by national laws. This book therefore provides fundamental information about the content, methods and objectives of European legislation in the field of contract law and explains the interaction between the legislator, judges and academics during the creation of European contract law. It attempts to show how a system arises from the dialogue between the different sources. It therefore focusses not only on current EU legislation but also the extensive preparatory works in which the authors of this book were actively involved.

The Europeanisation of Contract Law: Current Controversies in Law (2nd Edition)

Edited by Christian Twigg-Flesner

A process of Europeanising contract law has been driven by the legislative activity of the European Union (EU), which has adopted a string of Directives touching on various aspects of contract law, mainly consumer law. Many of these Directives have dealt with a fairly isolated aspect of contract law. Consequently, the European influence has hitherto been rather fragmented, and lacks overall coherence.

This book traces the process of Europeanisation of contract law by critically examining the developments to date and their impact on English law, in particular, as well as the implications of the EU's desire to move towards greater coherence. The arguments for and against greater convergence in the field of contract law are also covered.

This second edition has been fully updated to reflect the most recent developments in EU contract law. It includes coverage of the Principles, Definitions and Model Rules of European Private Law (the Draft Common Frame of Reference), and the Consumer Rights Directive and its likely impact on consumer contracts, as well as the proposed Common European Sales Law.

LA NUEVA RELACIÓN ENTRE ESTADO Y SOCIEDAD

Autor: José Esteve Pardo

 

Los orígenes de la diferenciación entre Estado y sociedad. El Estado social y la pretendida integración de Estado y sociedad. Apogeo y crisis del Estado social. Hacia una nueva correlación entre Estado y sociedad. Sus manifestaciones en la estructura y actividad del Estado. Las transformaciones en la sociedad y su incidencia en la correlación con el Estado. Planteamiento. La nueva correlación entre Estado y sociedad. Expresiones constitucionales, conceptuales e instrumentales. Las expresiones constitucionales. Las concepciones y doctrinas gestadas en la nueva correlación entre Estado y sociedad. Las fórmulas jurídicas gestadas en la nueva correlación entre Estado y sociedad.

About Abuse of EU Law and Regulation of the Internal Market

edited by Alexandre Saydé

How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field.The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it.The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws.The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it.Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light.In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.

Estipulaciones edictales en el derecho romano

edited by Rosario de Castro Camero

Se trata de la primera monografía que, en el ámbito romanístico, aborda de forma general y completa el estudio de las estipulaciones edictales o pretorias. Su formulación debía aparecer recogida en el edicto de un magistrado (pretor o edil curul), quien sin embargo no era competente para imponerlas a las partes.

Law and the Modern Mind: Consciousness and Responsibility in American Legal Culture

edited by Susanna L. Blumenthal

Headline-grabbing murders are not the only cases in which sanity has been disputed in the American courtroom. Susanna Blumenthal traces this litigation, revealing how ideas of human consciousness, agency, and responsibility have shaped American jurisprudence as judges struggled to reconcile Enlightenment rationality with new sciences of the mind.

Hate Crimes in Cyberspace

edited by Danielle Keats Citron

Most Internet users are familiar with trolling aggressive, foul-mouthed posts designed to elicit angry responses in a site s comments. Less familiar but far more serious is the way some use networked technologies to target real people, subjecting them, by name and address, to vicious, often terrifying, online abuse. In an in-depth investigation of a problem that is too often trivialized by lawmakers and the media, Danielle Keats Citron"exposes the startling extent of personal cyber-attacks and proposes practical, lawful ways to prevent and punish online harassment. A refutation of those who claim that these attacks are legal, or at least impossible to stop, Hate Crimes in Cyberspace" reveals the serious emotional, professional, and financial harms incurred by victims. Persistent online attacks disproportionately target women and frequently include detailed fantasies of rape as well as reputation-ruining lies and sexually explicit photographs. And if dealing with a single attacker s revenge porn were not enough, harassing posts that make their way onto social media sites often feed on one another, turning lone instigators into cyber-mobs. Hate Crimes in Cyberspace" rejects the view of the Internet as an anarchic Wild West, where those who venture online must be thick-skinned enough to endure all manner of verbal assault in the name of free speech protection, no matter how distasteful or abusive. Cyber-harassment is a matter of civil rights law, Citron contends, and legal precedents as well as social norms of decency and civility must be leveraged to stop it."

Thirteen Ways to Steal a Bicycle

edited by Stuart P. Green

Theft claims more victims and causes greater economic injury than any other criminal offense. Yet theft law is enigmatic, and fundamental questions about what should count as stealing remain unresolved - especially misappropriations of intellectual property, information, ideas, identities, and virtual property. In "Thirteen Ways to Steal a Bicycle", Stuart Green assesses our current legal framework at a time when our economy increasingly commodifies intangibles and when the means of committing theft and fraud grow ever more sophisticated. Was it theft for the editor of a technology blog to buy a prototype iPhone he allegedly knew had been lost by an Apple engineer in a Silicon Valley bar? Was it theft for doctors to use a patient's tissue without permission in order to harvest a valuable cell line? For an Internet activist to publish tens of thousands of State Department documents on his Web site? In this full-scale critique, Green reveals that the last major reforms in Anglophone theft law, which took place almost fifty years ago, flattened moral distinctions, so that the same punishments are now assigned to vastly different offenses. Unreflective of community attitudes toward theft, which favor gradations in blameworthiness according to what is stolen and under what circumstances, and uninfluenced by advancements in criminal law theory, theft law cries out for another reformation - and soon.

Ignorance of Law: A Philosophical Inquiry

edited by Douglas Husak

This book argues that ignorance of law should usually be a complete excuse from criminal liability. It defends this conclusion by invoking two presumptions: first, the content of criminal law should conform to morality; second, mistakes of fact and mistakes of law should be treated symmetrically. The author grounds his position in an underlying theory of moral and criminal responsibility according to which blameworthiness consists in a defective response to the moral reasons one has. Since persons cannot be faulted for failing to respond to reasons for criminal liability they do not believe they have, then ignorance should almost always excuse. But persons are somewhat responsible for their wrongs when their mistakes of law are reckless, that is, when they consciously disregard a substantial and unjustifiable risk that their conduct might be wrong. This book illustrates this with examples and critiques the arguments to the contrary offered by criminal theorists and moral philosophers. It assesses the real-world implications for the U.S. system of criminal justice. The author describes connections between the problem of ignorance of law and other topics in moral and legal theory

Culpable Carelessness: Recklessness and Negligence in the Criminal Law

 

edited by Findlay Stark

 

The question of when a person is culpable for taking an unjustified risk of harm has long been controversial in Anglo-American criminal law doctrine and theory. This survey of the approaches adopted in England and Wales, Canada, Australia, the United States, New Zealand and Scotland argues that they are converging, to differing extents, around a 'Standard Account' of culpable unjustified risk-taking. This Standard Account distinguishes between awareness-based culpability (recklessness) and inadvertence-based culpability (negligence) for unjustified risk-taking. With reference to criminal law theory and philosophical literature, the author argues that, when explained appropriately, the Standard Account is defensible and practical. Defending the Standard Account involves analysing in depth a number of controversial matters, including the meaning of advertence/awareness, the role of attitudes such as indifference in culpable risk-taking, and the question of whether negligence should be used in the criminal law.

Violence All Around

 

Edited by John Sifton

 

A human rights lawyer travels to hot zones around the globe, before and after the September 11 attacks, to document abuses committed by warlords, terrorist groups, and government counterterrorism forces. Whether reporting on al Qaeda safe houses, the mechanics of the Pentagon’s smartest bombs, his interviews with politicians and ordinary civilians, or his own brush with death outside Kabul, John Sifton wants to help us understand violence―what it is, and how we think and speak about it.

For the human rights community, the global war on terror brought unprecedented challenges. Of special concern were the secret detention centers operated by the CIA as it expanded into a paramilitary force, and the harsh treatment of prisoners throughout Iraq and Afghanistan. In drafting legal memoranda that made domestic prosecution for these crimes impossible, Sifton argues, the United States possessed not only the detainees but the law itself. Sifton recounts his efforts to locate secret prisons and reflects on the historical development of sanctioned military or police violence―from hand-to-hand combat to the use of drones―and the likelihood that technology will soon enable completely automated killing.

Sifton is equally concerned to examine what people have meant by nonviolent social change, and he asks whether pure nonviolence is ever possible. To invoke rights is to invoke the force to uphold them, he reminds us. Ultimately, advocates for human rights can only shame the world into better behavior, and their work may involve advocating the very violence they deplore.

Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries

Michele Pifferi

Providing a historical analysis of the impact of criminology on the rationale of punishment and the sentencing systems in Europe and the United States between the 1870s and the 1930s, Reinventing Punishment: A Comparative History of Criminology and Penology in the Nineteenth and Twentieth Centuries investigates and contrasts the rise of the principles of individualization of punishment, social defence, preventive justice, and indeterminate sentencing.
The manner in which US and European jurisprudence enforced these ideas resulted in the emergence of two different penological identities: the US penal reform movement led to the adoption of the indeterminate sentence system, whereas the European criminological approach resulted in the formulation of the dual-track system with punishment and measures of security. This theoretical divide, discussed at many international congresses and in studies of comparative criminal law, not only reflects two different ideas on the legitimacy and purpose of punishment, but also corresponds to two different constitutional views of criminal law. The book considers the relation between constitutional frameworks (rule of law and Rechtsstaat) and penological claims, explaining how some of the tenets of penal liberalism (such as principle of legality and separation of powers) were affected by penal modernism, even with the rise of authoritarian regimes. It examines the dilemmas provoked by criminology, focusing on the role of the judge in the execution of sentences, the distribution of sentencing powers among judicial and administrative bodies, the balance between social security and individual guarantees, and the inconsistencies of preventive detention.
Filling a notable gap in Anglo-American literature by providing a sophisticated panoramic analysis of the development of criminology in late-nineteenth and first half of the twentieth-century Europe, Reinventing Punishment will be of interest to scholars of criminology, criminal law, and criminal justice studies, as well as legal historians and theorists.

 

Handbook of the Economics of Giving, Altruism and Reciprocity, Vol. 1-2

edited by Serge-Christophe Kolm Jean Mercier Ythier

 The Handbook on the Economics of Giving, Reciprocity and Altruism provides a comprehensive set of reviews of literature on the economics of nonmarket voluntary transfers. The foundations of the field are reviewed first, with a sequence of chapters that present the hard core of the theoretical and empirical analyses of giving, reciprocity and altruism in economics, examining their relations with the viewpoints of moral philosophy, psychology, sociobiology, sociology and economic anthropology. Secondly, a comprehensive set of applications are considered of all the aspects of society where nonmarket voluntary transfers are significant: family and intergenerational transfers; charity and charitable institutions; the nonprofit economy; interpersonal relations in the workplace; the Welfare State; and international aid.The Handbook on the Economics of Giving, Reciprocity and Altruism provides a comprehensive set of reviews of literature on the economics of nonmarket voluntary transfers. The foundations of the field are reviewed first, with a sequence of chapters that present the hard core of the theoretical and empirical analyses of giving, reciprocity and altruism in economics, examining their relations with the viewpoints of moral philosophy, psychology, sociobiology, sociology and economic anthropology. Secondly, a comprehensive set of applications are considered of all the aspects of society where nonmarket voluntary transfers are significant: family and intergenerational transfers; charity and charitable institutions; the nonprofit economy; interpersonal relations in the workplace; the Welfare State; and international aid.show more

The Handbook on the Economics of Giving, Reciprocity and Altruism provides a comprehensive set of reviews of literature on the economics of nonmarket voluntary transfers. The foundations of the field are reviewed first, with a sequence of chapters that present the hard core of the theoretical and empirical analyses of giving, reciprocity and altruism in economics, examining their relations with the viewpoints of moral philosophy, psychology, sociobiology, sociology and economic anthropology. Secondly, a comprehensive set of applications are considered of all the aspects of society where nonmarket voluntary transfers are significant: family and intergenerational transfers; charity and charitable institutions; the nonprofit economy; interpersonal relations in the workplace; the Welfare State; and international aid.show more

.The Handbook on the Economics of Giving, Reciprocity and Altruism provides a comprehensive set of reviews of literature on the economics of nonmarket voluntary transfers. The foundations of the field are reviewed first, with a sequence of chapters that present the hard core of the theoretical and empirical analyses of giving, reciprocity and altruism in economics, examining their relations with the viewpoints of moral philosophy, psychology, sociobiology, sociology and economic anthropology. Secondly, a comprehensive set of applications are considered of all the aspects of society where nonmarket voluntary transfers are significant: family and intergenerational transfers; charity and charitable institutions; the nonprofit economy; interpersonal relations in the workplace; the Welfare State; and international aid.show more

Microeconometrics Using Stata

by Colin Cameron and Pravin K. Trivedi

Microeconometrics Using Stata, by A. Colin Cameron and Pravin K. Trivedi, is an outstanding introduction to microeconometrics and how to do microeconometric research using Stata. Aimed at students and researchers, this book covers topics left out of microeconometrics textbooks and omitted from basic introductions to Stata. Cameron and Trivedi provide the most complete and up-to-date survey of microeconometric methods available in Stata. Early in the book, Cameron and Trivedi introduce simulation methods and then use them to illustrate features of the estimators and tests described in the rest of the book. While simulation methods are important tools for econometricians, they are not covered in standard textbooks. By introducing simulation methods, the authors arm students and researchers with techniques they can use in future work. Cameron and Trivedi address each topic with an in-depth Stata example, and they reference their 2005 textbook, Microeconometrics: Methods and Applications, where appropriate. The authors also show how to use Stata’s programming features to implement methods for which Stata does not have a specific command. Although the book is not specifically about Stata programming, it does show how to solve many programming problems. These techniques are essential in applied microeconometrics because there will always be new, specialized methods beyond what has already been incorporated into a software package. Cameron and Trivedi’s choice of topics perfectly reflects the current practice of modern microeconometrics. After introducing the reader to Stata, the authors introduce linear regression, simulation, and generalized least-squares methods. The section on cross-sectional techniques is thorough, with up-to-date treatments of instrumental-variables methods for linear models and of quantile-regression methods.

Macroeconomics: The Development of Modern Methods for Policy Analysis

by William Scarth

This important textbook offers a comprehensive look into the two main traditions in contemporary macroeconomics - New Classical and Keynesian - and examines the work of economists who have drawn on principles from both traditions to form a new, integrated approach known as New Neoclassical Synthesis. Importantly, this provides the theoretical foundation for much of current mainstream economics and the work done by central banks around the world. With a dual focus on research methods and policy applications, this book bridges the gap between intermediate macroeconomic and advanced graduate-level texts, making it an ideal resource for senior undergraduate and Masters students in applied economics programs. Key topics include: * a concise summary of intermediate macroeconomics, including the foundational ideas of both the New Classical and Keynesian traditions * the Lucas critique of standard methods for evaluating policy design * debt sustainability and austerity vs. stimulation debate * optimal inflation rates * tax reform and growth analysis * alternative monetary policies for pursuing price stability * theories of unemployment. Students and instructors will find additional useful resources on the book's companion website, including practice questions for each chapter.

Econometric Analysis of Cross Section and Panel Data (2nd edition)

by Jeffrey M Wooldridge

The second edition of this acclaimed graduate text provides a unified treatment of two methods used in contemporary econometric research, cross section and data panel methods. By focusing on assumptions that can be given behavioral content, the book maintains an appropriate level of rigor while emphasizing intuitive thinking. The analysis covers both linear and nonlinear models, including models with dynamics and/or individual heterogeneity. In addition to general estimation frameworks (particular methods of moments and maximum likelihood), specific linear and nonlinear methods are covered in detail, including probit and logit models and their multivariate, Tobit models, models for count data, censored and missing data schemes, causal (or treatment) effects, and duration analysis.

Econometric Analysis of Cross Section and Panel Data was the first graduate econometrics text to focus on microeconomic data structures, allowing assumptions to be separated into population and sampling assumptions. This second edition has been substantially updated and revised. Improvements include a broader class of models for missing data problems; more detailed treatment of cluster problems, an important topic for empirical researchers; expanded discussion of "generalized instrumental variables" (GIV) estimation; new coverage (based on the author's own recent research) of inverse probability weighting; a more complete framework for estimating treatment effects with panel data, and a firmly established link between econometric approaches to nonlinear panel data and the "generalized estimating equation" literature popular in statistics and other fields. New attention is given to explaining when particular econometric methods can be applied; the goal is not only to tell readers what does work, but why certain "obvious" procedures do not. The numerous included exercises, both theoretical and computer-based, allow the reader to extend methods covered in the text and discover new insights.

An Introduction to Macroeconomics: A Heterodox Approach to Economic Analysis Reprint Edition

by Louis-Philippe Rochon and Sergio Rossi

This important new book introduces students to the fundamental ideas of heterodox economics, presented in a clear and accessible way by top heterodox scholars. It offers not only a critique of the dominant approach to economics, but also a positive and constructive alternative. Students interested in an explanation of the real world will find the heterodox approach not only satisfying, but ultimately better able to explain a money-using economy prone to periods of instability and crises.

Key features of this textbook include:

- A non-conventional understanding of economic analysis on a number of relevant topics
- Deep and convincing criticism of orthodox thinking
- Discussion of the crucial importance of money, banking and finance today
- Analysis of the roots of the 2008 global financial crisis
- A presentation of the features of sustainable development.

Undergraduate students studying economics at all levels can use this textbook to deepen their understanding of the heterodox approach, the fundamental roots of the 2008 global financial crisis and the need to rethink economics afresh.

Contributors include: R.A. Blecker, H. Bortis, A. Cencini, G.A. Epstein, R. Guttmann, O. Hamouda, R.P.F. Holt, J. Jespersen, J. King, M. Lavoie, J. McCombie, L.-P. Rochon, S. Rossi, M. Sawyer, M. Setterfield, M. Seccareccia, N. Tharnpanich, J. Toporowski