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• Introduction: Law beyond Sovereignty / Liliana Ruth Feierstein and Daniel Weidner
• An exile of the soul : a theological examination of Jewish understandings of diaspora / Susannah Heschel
• Diaspomenos : Hermeneutics of Exile / Ino Augsberg
• Law without nation? : the ongoing Jewish discussion / Suzanne Last Stone
• Dina de-malkhuta dina and Talmudic divorce law : a challenge for Rabbinic law in diaspora / Charlotte Elisheva Fonrobert
• The transformation of Sharia from a law-centered understanding to ethics : an overview / Serdar Kurnaz
• Der Wandel von einem personalen zu einem territorialen Rechtsverständnis in Mittelalter und früher Neuzeit / Martin Heger
• Towards a Jewish theology of secular law / Elisa Klapheck
• Halacha and medical law at the end of life / Stephan M. Probst
• “He was lain to rest in the Darkening of the Tides …”: death and burial in the field of tension between competing laws in Latin America / Liliana Ruth Feierstein
• Law and literature in diaspora : Gandhi’s autobiography / Klaus Stierstorfer
• Star Trek : diaspora and law in the German-Jewish imagination / Caspar Battegay.

"Today, law is no longer homogenous or unquestioned. Different overlapping legal systems constantly interfere with one another, both on an international level, in complex transnational contexts such as the European Union or human rights law, but also in the context of cultural diversity or conflicts between religious norms and civil institutions, between minorities and the power of the state. On the other hand, the neutrality of law is also under growing pressure, be it from different global transnational players, or from within nation states where calls are made to adapt law to the will of 'the people.' The heated European debate on the 'refugee crisis' has made it manifest that law is more necessary than ever and yet fundamentally contested, perhaps even caught in contradictions and self-limitations. At the same time, the current perspective on legal problems allows us to address issues of diversity and the role of Europe in the globalized world more clearly. The articles of this book take these recent developments and debates as a starting point to discuss from the perspective of different disciplines the pressing question of how to live together in the new millennium and how to figure the long history of law before, besides, and after the dominant paradigm of state law"--Publisher's description.

• Introduction
• Articles of the United Nations model double taxation convention between developed and developing countries
• Commentaries on the articles of the United Nations model double taxation convention between developed and developing countries.

• Introduction: Legal codification, positive law, and the question of science
• Beyond geometry : Leibniz and the science of law
• The force of law : will
• Leibniz's Systema iuris
• From the Gesetzbuch to the Landrecht : the ALR and the triumph of legality
• The rule of law : the Crown Prince lectures and the grounding of legality in order and security
• From reason to history : Savigny's system and the rise of social legal science
• The Bürgerliches Gesetzbuch (BGB) of 1900 : positive legal science and the end of justice
• Conclusion.

Moving from the scientific revolution to the 19th-century rise of legal codes, Berkowitz tells the story of how lawyers and philosophers invented legal science to preserve law’s claim to moral authority. He finds that the subordination of law to science actually transformed law from an ethical order into a tool for social and economic ends.

• Legal epidemiology / Scott Burris, Alexander C. Wagenaar, Jeffrey W. Swanson, Jennifer K. Ibrahim, Jennifer Wood, and Michelle M. Mello
• Law in public health systems and services research / Scott Burris, Glen P. Mays, F. Douglas Scutchfield, and Jennifer K. Ibrahim
• Perspectives from public health / Kelli A. Komro and Alexander C. Wagenaar
• Law and society approaches / Robin Stryker
• Criminological theories / Wesley G. Jennings and Tom Mieczkowski
• Procedural justice theory / Tom R. Tyler and Avital Mentovich
• Economic theory / Frank J. Chaloupka and Rosalie Liccardo Pacula
• The theory of triadic influence / Marc B. Schure, Kazi Faria Islam, and Brian R. Flay
• Integrating diverse theories for public health law evaluation / Scott Burris and Alexander C. Wagenaar
• Picturing public health law research : the value of causal diagrams / Jeffrey W. Swanson and Jennifer K. Ibrahim
• Measuring statutory law and regulations for empirical research / Evan D. Anderson, Charles Tremper, Sue Thomas, and Alexander C. Wagenaar
• Coding case law for public health law evaluation / Mark Hall
• Randomized trials in legal epidemiology / Harold Pollack, Alida Bouris, and Scott Cunningham
• Natural Experiments: research design elements for optimal causal inference without randomization / Alexander C. Wagenaar and Kelli A. Komro
• Qualitative research strategies for public health law evaluation / Jennifer Wood
• Using cost-effectiveness and cost-benefit analysis to evaluate public health laws / Rosalie Liccardo Pacula
• The future of research in legal epidemiology / Scott Burris, Rosalie Liccardo Pacula, and Alexander C. Wagenaar.

"This book describes scientific theory and methods for investigating the development, implementation, and effects of public health law. The empirical study of law is an exercise applying normal scientific methods. There is no special science of public health law research. Epidemiology, economics, physiology, and sociology do not change when law is the topic of investigation. That said, there are unique challenges to studying law, and a set of theory, measurement, and research design tools that specifically help to meet those challenges. This book is not a general primer on scientific research methods. Its focus is on the problems that arise in legal epidemiology - and their solutions. And so it is intended for many kinds of readers: experienced social science researchers who are interested in adding public health law research to their repertoire; experienced health scientists who wish to expand their research from interventions at the individual or small-group levels to community or society-wide "treatments" operating through law; legal scholars interested in how social scientists approach the study of law; policy analysts seeking to enhance their toolkit to include empirical evaluations of public health laws and policies; students and novice scientists who can hone their general skills through the study of public health law; and non-scientists who are seeking a general orientation to legal epidemiology"-- Provided by publisher.

• Introduction
• Exploring corruption : the inadequacies of traditional theories
• The idea of corruption : toward a deeper understanding
• Corruption-as-disposition : a different crime
• An evil disposition : further explorations
• Corruption as capture-by-evil : desirable or not?
• Costs and benefits examined : three settings for corruption
• Corruption and moral values : some implications for government
• Coda : corruption and the rule of law
• Conclusion.

One of the most powerful words in the English language, corruption is also one of the most troubled concepts in law. According to Laura Underkuffler, it is a concept based on religiously revealed ideas of good and evil. But the notion of corruption defies the ordinary categories by which law defines crimes -- categories that punish acts, not character, and that eschew punishment on the basis of religion and emotion. Drawing on contemporary examples, including former assembly woman Diane Gordon and former governor Rod Blagojevich, this book explores the implications and dangers of maintaining such an archaic concept at the heart of criminal law.

• Quantification of performance as a regulatory technique : an itnroduction / Mauro Bussani, Sabino Cassese, and Marta Infantino
• Revisiting 'justice in numbers' in Brazil : quantified justice, managerial judges, and numeroids as a regulatory technique / Pedro Rubim Borges Fortes
• Performance-based evaluation in Mexico's federal administrative justice tribunal and the federal judiciary power : a comparison / Luis José Béjar, Juan Antonio Casanovas, and Carlos A. Villanueva
• Judicial performance index in India : charting a new course / Manjeri Subin Sunder Raj and Chiradeep Basak
• Performance assessment in courts-the Swiss case / Andreas Lienhard
• Admission algorithms for Affirmative Action in higher education : the South African experience / Viyaleta Farysheuskaya and Patrizio Piraino
• Quantification and parameterization of legal research : the case of Poland / Andrzej Jakubowski
• Algorithmic decision-making and public sector accountability in Africa : new challenges for law and policy / Raenette Gottardo
• Governance and quantification of performance in China / Ivan Cardillo
• Use and abuse of quantitative methodology for policy making in Japan / Tatsuhiko Inatani and Masahiko Kinoshita
• Measuring human rights performance in UK : liberalism, communitarianism, and the equality and human rights commission 's 'drunkard's search' / David McGrogan
• Profiling in algorithm-based decisions : an African perspective / Salvatore Mancuso and Livio Corselli
• Trust in an 'omnimetric society'? reputational systems in platforms as tools for assessing contractual performance and applying remedies / Teresa Rodríguez de las Heras Ballell
• Performance measurements in compliance with corporate social responsibility obligations / Lukas Heckendorn Urscheler
• The role of international organizations in the production of legal metrics / Kevin E. Davis
• Quantification of performances as a regulatory technique : a comparative appraisal / Mauro Bussani, Sabino Cassese, and Marta Infantino.

"This volume collects fourteen essays prepared for a Workshop on 'Comparative Legal Metrics: Quantification of Performance as a Regulatory Technique', held in Asunción, Paraguay, on October 2022, within the framework of the 21st General Congress of the International Academy of Comparative Law (IACL). The overall aim of the volume is to comparatively investigate how performance based measurements may work as a regulatory tool. These processes of social quantification are herein called 'legal metrics'"-- Provided by publisher.

• Introduction: Legitimacy criticisms of ISDS and an interdisciplinary approach
• The notion of legalization in the context of international investment law
• Shared understandings and interactional law-making
• Internal constraints: adjudication as a mode of social ordering
• Legalizing international investment law
• Conclusion.

"The reform of the Investor-State Dispute Settlement (ISDS) mechanism has become one of the more controversial issues in the study of international investment law. This concise and insightful book studies the role of the ISDS mechanism in the legalization, and legitimacy, of the international investment law regime. Providing a fresh, interdisciplinary perspective on ISDS through the constructivist theory of international relations, this book argues that reforming ISDS can contribute to the legalization of international investment law, but such a contribution is subject to both "institutional" and "internal" limitations. Chapters investigate the notion of legalization in the context of international investment law, the limitations of adjudicative bodies in advancing the legitimacy of international law, and the relationship between the level of shared understandings and choices of institutionalization. Based on comparative studies of international regimes, this book cautions against radically institutionalizing the dispute settlement regime through the establishment of the multilateral investment court. The novel perspectives presented in this book will be of interest to scholars and researchers in arbitration and dispute resolution, international economic law, and investment law. It will also be beneficial to legal experts in international organizations working on the reform of ISDS and investment law"-- Provided by publisher.

• The need for increased awareness of human rights implications for trade marks
• Conceptualising trade marks and human rights: the case for recognising all human rights
• Tobacco plain packaging case study : Australia and Uruguay
• Contrary marks case study : the United States and the European Union
• Anti-counterfeiting legislation case study : Kenya and Australia
• Innovating trade mark enforcement approaches in a human rights culture
• Founding a global human rights culture for trade marks : planning for success.

"This ground-breaking book demonstrates that states are not attentive enough to the serious human rights implications of trade mark protection. Important rights to freedom of expression, health, life, benefits from science and culture, privacy, a fair trial and protection from discrimination and hate speech are often insufficiently addressed. The book develops an original approach that enables policy-makers to realise these rights, advocating for the development of a global human rights culture for trade marks. Using diverse examples from Australia, Uruguay, Europe, the United States and Kenya, Genevieve Wilkinson explores how trade mark protection can both promote and restrict human rights. Focusing on three detailed case studies - tobacco plain packaging, anti-counterfeiting measures and contrary marks - the book translates emerging human rights frameworks for health into a human rights framework for trade marks. It calls for greater attention to how trade marks can impact economic, social and cultural rights and proposes new ways to detect counterfeit trade marked goods. Providing an innovative solution to an often overlooked problem, this book will be an invaluable guide for policy-makers and academics interested in human rights and intellectual property, and activists seeking to address conflicts between trade mark law and human rights law"-- Provided by publisher.

• Of law and economic analysis of law : the role of the lawyer
• Of merit goods : commodification and commandification
• Of merit goods and inequality
• Of merit goods generally : specific applications and concluding thoughts
• Of altruism, beneficence, and not-for-profit institutions
• Of the relationship of markets and command in the liability mode
• Of tastes and values ignored
• Of tastes and values : what economics can tell us about them
• Appendix: Farewell letter of Arthur Corbin to the Yale Law School faculty.

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, "economic analysis of law," examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

• A preface for students, with a note to everyone else
• Why read the opinions?
• The opinion and narrative
• Unity : the judicial voice
• Legal doctrine : between erudition and fundamentalism
• Facts : stating the case
• Conclusion: Making the case for a humanist study of the law.

Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.

• Philosophical issues
• Moral rights in industrial property rights
• Traditional moral rights divisions
• Challenges to moral rights
• Moral rights outside Europe
• Authors and moral rights.

"This comprehensive Research Handbook examines moral rights since their establishment in the 19th century and considers the roles they play in the 21st century in relation to the technological environment in which copyright exists. Drawing together rich perspectives on intellectual property law around the world, this Research Handbook provides new insights on the traditional issues of moral rights and analyses more recent challenges in copyright law, patent law, and trademark law"-- Provided by publisher.

• Introduction
• Our age of anxiety
• Populism and nationalism
• The confounding diversity of globalisation
• The rise of disruptive technologies and dominating platforms
• Practical wisdom and pragmatism
• Social practices, background knowledge and law
• The bases of law and challenges to legalism
• Interactional law and the rule of law
• Lawyers, practice and legal education
• Conclusion : That a beginning be made.

"In an age of anxiety, Toope makes the case for a revitalised rule of law to bolster collective resilience and restore our capacity to build healthier societies. A pragmatic approach to the rule of law recognises its ability to chasten power, while not disconnecting law from other sources of social action and human agency"-- Provided by publisher.

"L'État est un sujet de droit international qui jouit de droits et d'obligations. Comme toute personne morale de droit international, il peut passer des accords, signer des traités, des contrats commerciaux. Dans l'exercice de cette prérogative, l'État peut engager sa responsabilité internationale devant divers tribunaux. L'État en tant que personne morale, ne peut exercer son droit qu'à travers des personnes physiques ; elles ont pour mission de représenter l'État devant le prétoire national, international et/ou étranger. Le présent ouvrage rapporte les communications d'éminents juristes camerounais et africains délivrées dans le cadre d'un séminaire international organisé par API-Cameroun." -- cover page 4.

• Access to EU financial markets : equivalence as a new approach
• Equivalence in the EU : key requirements, equivalence decision, and legal consequences
• A liberal access to financial markets in Switzerland : equivalence and appropriateness
• The approach of substituted compliance in the United States
• The future of deference in the world and equivalence in the EU.

"The fragmentation of financial markets is growing. The reason behind this is not only the increasingly extraterritorial regulation of states following the Global Financial Crisis. Protectionist tendencies are also on the rise, as evidenced by Brexit, emerging trade conflicts and the EU's tightening of its foreign trade policy. This development poses considerable risks. This book analyses a concept that can help overcome market fragmentation: deference. Deference is a form of (mutual) recognition whereby states waive their regulation of foreign service providers to the extent that they are sufficiently supervised in their home state. This concept has been widely implemented in the EU and Switzerland in the form of equivalence. Although not to the same extent, a mechanism of mutual recognition has also been introduced in the US under the name of substituted compliance. The present work examines these mechanisms from a comparative, economic, constitutional, and public international law perspective. It advocates a depoliticisation, strengthening and expansion of deference to reinforce the global financial architecture"-- Provided by publisher.

• Introduction to Fair and equitable treatment and the rule of law
• Fair and equitable treatment : history, indeterminacy, and the rule of law debate
• Fair and equitable treatment as a union of rule of law and equity
• Applying the FET standard : sequential review as a path forward
• Conclusion to Fair and equitable treatment and the rule of law.

"By comprehensively investigating the Fair and Equitable Treatment Standard (FET), this discerning book presents how this standard in investment treaty disputes can be both legally justified and realistically beneficial. It reflects on how FET jurisprudence can be advantageous to both the rule of law and to the legitimacy of the international investment regime. Fair and Equitable Treatment and the Rule of Law provides a unique argument concerning the grounding of the FET standard in general principles of law and the importance of the host state’s national rule of law and pre-existing obligations for the application of the FET standard. Through a systematic examination of the FET and the concept of the rule of law, the book argues that further interpretation and application of FET should proceed as a sequential review, focusing firstly on the broadly understood domestic legal framework. Chapters present a convincing argument for this technique, concluding that applying such a method would not only be practical but would also allow for positive economic development. This book will be of great interest to scholars focusing on the fields of international investment law and arbitration, general principles of law, and the general rule of law and its contents. Students will also find this a valuable reference for studying both FET jurisprudence and the narratives that surround it"-- Provided by publisher.

• Rural access to justice / Daniel Newman and Faith Gordon
• A survey of policy responses to the rural attorney shortage in the United States / Kelly V Beskin and Lisa R Pruitt
• Alcohol laws, rural communities and access to justice in Kenya / Joseph K Rono and Emmanuel K Bunei
• Accessibility to justice for rural livestock farmers in selected provinces of South Africa : rural communities and the justice system / Witness Maluleke
• Why doesn't a mother whose son was murdered seek justice? A critical approach to the relationship between socio-cultural structure and access to justice in rural communities by reconstructing the Sabahattin Ali's Kağnı (The Oxcart) short story / Murat Madenüs
• Rethinking access to justice for Indigenous peoples / Fiona Allison and Chris Cunneen
• Barriers to access to justice for members of the Traveller community : rediscrimination within the equality system / Fiona Donson and Samantha Morgan-Williams
• Older victims, legal need and access to justice in rural communities in Northern Ireland / Faith Gordon and Kevin J Brown
• Litigants in person and rural family justice in England and Wales / Jess Mant
• Overcoming geographic barriers : towards a framework for facilitating legal service delivery in rural communities in Canada / Lisa Moore
• Conceptualising rural access to justice as supply chains primed for transformation / Amanda L Kool and Hannah Haksgaard
• 'Restorative what?' Young people's experiences of accessing justice in rural Syria / Adnan Mouhiddin
• A retrospective on rural legal service provision : lessons emerging from international research / Kim Economides and Charles Watkins
• Access to rural justice : domestic violence in rural America / Ziwei Qi and Christy Craig
• Rural access to justice and beyond : dimensions of access as a criterion for understanding lay users' satisfaction with remote justice / Olumide Adisa, Sue James and Daniel Newman.

"This book offers insight on access to justice from rural areas in internationally comparable contexts to highlight the diversity of experiences within, and across rural areas globally. It looks at the fundamental questions for people's lives raised by the issue of access to justice as well as the rule of law. It highlights a range of social, geographic and cultural issues which impact the way rural communities experience the justice system throughout the world with chapters on Australia, Canada, England, Ireland, Kenya, Nigeria, Northern Ireland, South Africa, Syria, Turkey, the USA, and Wales. Each chapter explores three questions: 1. How do people experience the institutions of justice in rural areas and how does this rural experience differ to an urban experience? 2. What impact have changes in policy had on the justice system in rural areas, and have rural and urban areas been affected in different ways? 3. What impact does the law have on people's lives in rural areas and what would rural communities like to be better understood about their experience of the justice system? By bringing in the voices and experiences of those who are often ignored or side-lined by justice systems, this book will set out an agenda for ensuring social justice in legal systems with a focus on protecting marginalised groups"-- Provided by the publisher

• Introduction
• Foundational moments
• Struggles
• Comparisons
• Conclusion.

"This book explores the evolution of the European, Inter-American and African regional human rights systems. It will be of interest to anyone interested in the nature of any or all of these systems, contemporary human rights generally, comparative approaches to human rights, or the evolution of complex international institutions"-- Provided by publisher.