Download or read book Reasons to Doubt written by Carolyn Hoyle and published by Oxford University Press. This book was released on 2019-01-10 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission. Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.

Download or read book The Situation and the Story written by Vivian Gornick and published by Farrar, Straus and Giroux. This book was released on 2002-10-11 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: A guide to the art of personal writing, by the author of Fierce Attachments and The End of the Novel of Love All narrative writing must pull from the raw material of life a tale that will shape experience, transform event, deliver a bit of wisdom. In a story or a novel the "I" who tells this tale can be, and often is, an unreliable narrator but in nonfiction the reader must always be persuaded that the narrator is speaking truth. How does one pull from one's own boring, agitated self the truth-speaker who will tell the story a personal narrative needs to tell? That is the question The Situation and the Story asks--and answers. Taking us on a reading tour of some of the best memoirs and essays of the past hundred years, Gornick traces the changing idea of self that has dominated the century, and demonstrates the enduring truth-speaker to be found in the work of writers as diverse as Edmund Gosse, Joan Didion, Oscar Wilde, James Baldwin, or Marguerite Duras. This book, which grew out of fifteen years teaching in MFA programs, is itself a model of the lucid intelligence that has made Gornick one of our most admired writers of nonfiction. In it, she teaches us to write by teaching us how to read: how to recognize truth when we hear it in the writing of others and in our own.

Download or read book Getting It Published written by William P. Germano and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 2001 William Germano's Getting It Published has helped thousands of scholars develop a compelling book proposal, find the right academic publisher, evaluate a contract, handle the review process, and, finally, emerge as published authors. But a lot has changed in the past seven years. With the publishing world both more competitive and mor...

Download or read book A Guide to the Immigration Act 2016 written by Alison Harvey and published by Bloomsbury Publishing. This book was released on 2017-03-25 with total page 565 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Guide to The Immigration Act 2016 is produced in association with ILPA and provides a clear and straightforward explanation to the provisions of this legislation, with relevant commentary following each section of the Act. Those litigating will be able to identify all relevant sources and materials rapidly. Practitioners from other areas of law affected by the provisions in the context of housing, social welfare and employment law will be able rapidly to navigate these complex provisions and to understand them. The UK Government stated that its purpose in bringing forward this legislation was to tackle illegal immigration by making it harder to live and work in the United Kingdom without permission. The Immigration Act 2016 not only makes changes to immigration law and practice but also extends immigration control into other areas such as housing, social welfare and employment to create the 'hostile environment' envisaged. The approach is to summarise each provision of the Act and to set it within both its political and legal context, providing full legal references as well identifying relevant guidance, supporting materials and statements from parliamentary debates. The aim of the publication is to provide practitioners and academic and political commentators with a comprehensive guide to the Act, the bulk of the work being comments on the legal provisions interleaved with each section of the Act.

Download or read book Construction Adjudication in Ireland written by Anthony Hussey and published by Routledge. This book was released on 2016-12-01 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Construction Contracts Act 2013 introduces adjudication for the construction industry in Ireland for the first time. The essence of adjudication is in providing a means whereby disputes as to payment under a construction contract are resolved quickly and cheaply. The key feature distinguishing adjudication from other processes is that the money found due by the adjudicator must be paid pending the outcome of arbitration or litigation. Its primary function, therefore, is to ensure cash flow for contractors and sub-contractors. Leading construction lawyer Anthony Hussey’s new book is the first to provide a section by section analysis of the Act itself, an analysis of the Code of Practice, and a discussion of the likely constitutional issues to which the legislation will give rise. This practical legal reference is aimed at all those involved in construction contract disputes, be they lawyers, architects, engineers, quantity surveyors, contractors and sub-contractors.

Download or read book Adjudication in Construction Law written by Darryl Royce and published by Taylor & Francis. This book was released on 2022-01-20 with total page 607 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.

Download or read book Overview of the Appeal Proceedings according to the EPC written by Hugo Meinders and published by Kluwer Law International B.V.. This book was released on 2020-02-28 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Overview of the Appeal Proceedings According to the EPC Third Edition Hugo Meinders, Philipp Lanz & Gérard Weiss About this book: Overview of the Appeal Proceedings According to the EPC helps in understanding the nature of the appeal proceedings before the Boards of Appeal. The previous editions of this book made an effort to explain in brief introductory terms how appeal proceedings work and how the Boards of Appeal function. This edition deals with the New Rules of Procedure adopted by the BoAC2 and approved by the Administrative Council which entered into force on 1 January 2020. About one in a hundred European patent cases end up before a Board of Appeal. The appeal reviews the decision of a first instance department of the European Patent Office. The appeal proceedings are substantially different from the first instance proceedings; they are a judicial review and not necessarily a continuation of the administrative first instance proceedings. This first aspect is even more pronounced since 1 January 2020, with the changes in the Rules of Procedure of the Boards of Appeal. What’s in this book: This book provides an easily readable overview of the appeal proceedings in the three official languages of the European Patent Office (EPO): English, German and French, including the (New) Rules of Procedure of the Boards of Appeal and the Enlarged Board of Appeal. It covers amongst others the following: (new) requirements on filing an appeal; the possible actions of the Board; the stricter treatment of late filings of the parties; and the conduct of oral proceedings and the issue of the decision. This book gives an up-to-date account of the most important issues of the appeal proceedings at the Boards of Appeal of the EPO. How this will help you: This book is intended as a reference book for applicants in ex-parte (examination appeal) proceedings, or patent proprietors or opponents in inter-partes (opposition appeal) proceedings, as appellants or respondents, or party as of right. It facilitates in finding an answer to issues that a party may encounter. Editors: Hugo Meinders, Philipp Lanz & Gérard Weiss

Download or read book ICSID Reports written by James Crawford and published by Cambridge University Press. This book was released on 2008-10-30 with total page 604 pages. Available in PDF, EPUB and Kindle. Book excerpt: Volume 13 brings the ICSID Reports up to date and includes cases up to early 2007.

Download or read book Ship Sale and Purchase written by Iain Goldrein and published by Taylor & Francis. This book was released on 2023-09-04 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ship Sale and Purchase is the essential working guide for anyone involved in the business of making ship sale and purchase agreements and also in the resolution of disputes arising out of such agreements. The seventh edition of Ship Sale and Purchase contains a detailed clause-by-clause analysis of SHIPSALE 22, the new standard form Memorandum of Agreement for ship sales and purchases published by BIMCO in 2022. This clause-by-clause analysis is supplemented by commentary on the corresponding provisions of the other leading standard forms used in the global shipping markets - SALEFORM 2012 (the latest version of the longstanding standard form produced by the Norwegian Shipbrokers' Association), SINGAPORE SHIP SALE FORM 2011 and NIPPONSALE 1999 - and the main differences between these forms and SHIPSALE 22. This edition of Ship Sale and Purchase also contains a comprehensive description of the many ways in which standard form agreements may be modified, through amendments to the printed terms and the use of additional clauses, to suit the particular requirements of the parties to individual transactions. In addition, it analyses relevant decisions of the English courts and arbitration tribunals and explains the implications of these decisions for ship sale and purchase transactions. The seventh edition also includes commentary on changes in working practices such as the use of electronic signatures, the practice of "remote" closings, payment mechanisms and the impact of sanctions and anti-corruption legislation. As with previous editions, the seventh edition of Ship Sale and Purchase seeks to provide legal analysis, market insight and practical guidance for all those involved in the business of buying and selling second-hand ships.

Download or read book The Powers and Duties of an Arbitrator written by Patricia Shaughnessy and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scope of the arbitrator’s powers in arbitration proceedings has been widely discussed in recent years, but remains understudied. Among prominent international arbitrators, none have focused on this issue more than Dr. Pierre A. Karrer. Dr. Karrer is celebrated here on the occasion of his seventy-fifth birthday by more than thirty leading arbitration practitioners and academics worldwide who have been part of, and have been influenced by, his extensive professional career. Following Dr. Karrer’s primary interests, notably his advocacy of a strong arbitrator role in proceedings as evidenced in his lectures, presentations, and publications as well as in his own arbitrations, the contributions in this book consider such questions as the following: ·What are the sources of an arbitrator’s power? ·What are the limits of an arbitrator’s power? ·Should arbitrators have a role in encouraging settlement? ·May arbitrators regulate and impose sanctions against counsel? ·How managerial should arbitrators be? ·What are the duties and liabilities of arbitrators? ·What is the nature of the arbitrator’s relationship to arbitral institutions? ·Are emergency arbitrators actually ‘arbitrators’? ·Should arbitrators raise issues of arbitrability and public policy ex officio? ·To what extent may arbitrators delegate tasks and use tribunal secretaries? With its in-depth perspectives on the arbitrator’s role, powers, and duties in an arbitration proceeding, and its extensive analysis of some of the most timely and controversial issues in arbitration today, this book offers an abundance of thought-provoking yet also practical commentary and guidance for practitioners and academics in the field of international arbitration and international commercial law.

Download or read book Shipping Law Handbook written by Michael Bundock and published by Taylor & Francis. This book was released on 2018-09-03 with total page 1140 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone who deals with shipping disputes requires access to a mass of source materials. These include international conventions, statutes and statutory instruments, arbitration rules, and the most commonly encountered bills of lading, charterparties, insurance clauses, guarantees and other contracts. Details of the parties to the international conventions are also required. The Shipping Law Handbook collects all this material in one convenient and easy-to-use volume. The Handbook deals with the following areas: arrest, jurisdiction and applicable law; arbitration; limitation of liability; cargo claims; collision; marine insurance; oil pollution; salvage, toward and general average; standard forms. Each section has an introduction which gives a brief overview of the materials included, setting them in their context, and noting probably future developments. The Handbook has been fully revised for this sixth edition. New items include: the European Judgments Regulation (Recast) 2012, the LMAA Terms 2017, the Insurance Act 2015, the York-Antwerp Rules 2016, the Inter-Club Agreement 1996 (amended 2011), Barecon 2017, Congenbill 2016, NYPE 2015 and updated lists of parties to international conventions. The Handbook is a highly practical work, which anyone involved in shipping will wish to keep conveniently to hand. It is an essential reference work for shipping lawyers, arbitrators, P&I Clubs and their correspondents, shipowners, ship masters, agents and brokers.

Download or read book Construction Law written by Julian Bailey and published by Taylor & Francis. This book was released on 2016-07-22 with total page 1555 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.

Download or read book A Practical Guide to Construction Adjudication written by James Pickavance and published by John Wiley & Sons. This book was released on 2015-12-21 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United Kingdom, adjudication is available as a right for parties to a construction contract, following the enactment of the Housing Grants Construction and Regeneration Act 1996. In general, within a comparatively short period of time, parties in dispute will have a decision from an adjudicator, which, except in limited circumstances, the courts will enforce. Adjudication has become the number one method of dispute resolution in the construction industry. The short timescale means that a party needs to know what to do, when to do it and be able to check that the other party and the adjudicator are following the right steps. A Practical Guide to Construction Adjudication gives parties the necessary information to achieve this. It provides a straightforward overview of the process and procedure of adjudication by reference to legislation and case law, augmented with practical guidance including suggestions on what to do or not to do, drafting tips and checklists. Separate chapters for Scotland and Northern Ireland identify and explain the differences in procedure and judicial interpretation between those jurisdictions and England and Wales, and further detailed explanations of the adjudication regimes in Australia, Ireland, Malaysia, New Zealand and Singapore are included. Each of the chapters on jurisdictions outside England and Wales has been written by senior experts in those jurisdictions to ensure the content is accurate and insightful. There are a range of helpful appendices including a bank of model form adjudication documents and tabulated detailed comparisons of the Scheme for Construction Contracts, the other major adjudication rules, the major adjudicator nominating bodies and the UK and international regimes. Readers will particularly appreciate the most comprehensive index of adjudication cases available, sorted into 260 subject headings providing immediate access to all the reported cases on any adjudication topic.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Download or read book Collection of WIPO Domain Name Panel Decisions written by Eun-Joo Min and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected UDRP decisions rendered by WIPO Center panels between 2000 and 2003, illustrating major substantive issues and procedural mechanics of the UDRP (Uniform Domain Name Dispute Resolution Policy). The policy is intended to assist in resolving commercial disputes arising out of bad-faith registration and use of Internet domain names corresponding to trademark rights.

Download or read book South China Sea Dispute written by Ian Storey and published by Flipside Digital Content Company Inc.. This book was released on 2017-03-09 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasing tensions in the South China Sea have propelled the dispute to the top of the Asia-Pacific's security agenda. Fuelled by rising nationalism over ownership of disputed atolls, growing competition over natural resources, strident assertions of their maritime rights by China and the Southeast Asian claimants, the rapid modernization of regional armed forces and worsening geopolitical rivalries among the Great Powers, the South China Sea will remain an area of diplomatic wrangling and potential conflict for the foreseeable future. Featuring some of the world's leading experts on Asian security, this volume explores the central drivers of the dispute and examines the positions and policies of the main actors including China, Taiwan, the Southeast Asian claimants, America and Japan. The South China Sea Dispute: Navigating Diplomatic and Strategic Tensions provides readers with the key to understanding how this most complex and contentious dispute is shaping the regional security environment.

Download or read book Forensic and Legal Medicine written by Jason Payne-James and published by CRC Press. This book was released on 2023-12-20 with total page 1049 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and accessible resource covering all aspects of forensic and legal medicine. The text provides a foundation for those working in both the clinical and forensic aspects of care and will also be an asset to those involved in the police or judicial systems. Including clear guidelines for practical applications, and further enhanced by its many illustrations and case examples, this text is a valuable resource in an increasingly complex field. The authoritative work is written by those who have extensive experience for a wide audience including, but not limited to, forensic pathologists, general pathologists, pediatric pathologists, forensic physicians, forensic scientists, coroners, emergency department physicians, judges and legal practitioners. Chapter 62 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.