Reforming The Law
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Reforming Law Reform
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Author : Michael Tilbury
language : en
Publisher: Hong Kong University Press
Release Date : 2014-01-01
Reforming Law Reform written by Michael Tilbury and has been published by Hong Kong University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-01-01 with Law categories.
As a special administrative region of China, Hong Kong has its own legal system rooted in the common law. Reforms to this system take into account Hong Kong’s unique conditions as an international city and draw widely on practices around the world. Since 1980, recommendations from a Law Reform Commission, chaired by the Secretary for Justice, have resulted in comprehensive revisions in key areas of law, ranging from commercial arbitration and interception of communications to divorce and copyright. Recently, however, the government has been slow to act on the Commission’s recommendations. Questions have also arisen about whether the Commission — under-resourced, part-time and government-led — can really meet the needs of an increasingly sophisticated society. Is law reform itself also in need of reform? This collection of essays by distinguished experts from around the world seeks answers to the question. The book explores the varied experience of law reform in Hong Kong and other common law jurisdictions and makes recommendations for strengthening the process of law reform both in Hong Kong and elsewhere. Michael Tilbury is Kerry Holdings Professor in Private Law in the Faculty of Law, the University of Hong Kong. Simon N. M. Young is a professor in the Faculty of Law, the University of Hong Kong and was formerly Director of the Centre for Comparative and Public Law. Ludwig Ng is a partner in ONC Lawyers, Hong Kong. "This important book should be a wake-up call to lawmakers in Hong Kong and beyond on the urgent need for effective law reform. It is especially important for Hong Kong whose competitive advantage is being harmed by institutional paralysis and official lethargy. The editors’ modest recommendations deserve urgent action by Hong Kong’s governors to bring up to date its archaic and outmoded legislation." —Lord Lester of Herne Hill, QC "Law reform is essential, especially in these fast-changing times. The law reform agency plays an important role in this process. This work examines the experience of the agency in Hong Kong and elsewhere and discusses how its effectiveness can be enhanced. This valuable contribution deserves to be read." —The Hon. Andrew Li, Chief Justice of Hong Kong, 1997–2010 "This is probably the first collection in Hong Kong of writings on law reform, examining clinically how law reform is, and can be processed with reference to other law reform institutions, in the pursuit of effectively meeting the often shifting needs of society and economy. Important chapters on reform of different areas of law are also included in this book. The editors and contributors are to be congratulated for masterminding such an admirable source of information and inspirational ideas." —Stephen Kai-yin Wong, Barrister, Secretary of the Law Reform Commission of Hong Kong "In this collection of essays the learned editors—Tilbury, Young and Ng—have drawn together an outstanding group of authors, representing many years of experience in law reform across the common law world. From the UK, Canada, Australia and Hong Kong, the insights of the authors are both reflective and forward-looking, providing a rich resource towards 'reforming law reform'." —Professor Rosalind Croucher, President, Australian Law Reform Commission
In The Interests Of Justice
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Author : Deborah L. Rhode
language : en
Publisher: Oxford University Press
Release Date : 2003-04-10
In The Interests Of Justice written by Deborah L. Rhode and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-04-10 with Law categories.
Two thousand years ago, Seneca described advocates not as seekers of truth but as accessories to injustice, "smothered by their prosperity." This unflattering assessment has only worsened over time. The vast majority of Americans now perceive lawyers as arrogant, unaffordable hired guns whose ethical practices rank just slightly above those of used car salesmen. In this penetrating new book, Deborah L. Rhode goes beyond the commonplace attacks on lawyers to provide the first systematic study of the structural problems confronting the legal profession. A past president of the Association of American Law Schools and senior counsel for the House Judiciary Committee during Clinton's impeachment proceedings, Rhode brings an insider's knowledge to the labyrinthine complexities of how the law works, or fails to work, for most Americans and often for lawyers themselves. She sheds much light on problems with the adversary system, the commercialization of practice, bar disciplinary processes, race and gender bias, and legal education. She argues convincingly that the bar's current self-regulation must be replaced by oversight structures that would put the public's interests above those of the profession. She insists that legal education become more flexible, by offering less expensive degree programs that would prepare paralegals to provide much needed low cost assistance. Most important, she calls for a return to ethical standards that put public service above economic self-interest. Elegantly written and touching on such high profile cases as the O.J. Simpson trial and the Starr investigation, In the Interests of Justice uncovers fundamental flaws in our legal system and proposes sweeping reforms.
Law And Practice
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Author : Eoin O'Dell
language : en
Publisher:
Release Date : 2008
Law And Practice written by Eoin O'Dell and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This book - presented by the Law Society of Ireland and edited by two of Ireland's leading legal minds - includes 34 award-winning essays that: critically examine specific areas of law, detail the law as it stands today, question the law's purpose and effectiveness, and examine proposals for change and recommendations for reform. Spanning an array of legal subject areas, each piece is extensively researched and referenced. Law and Practice: Essays on Reform will undoubtedly add to the debate and literature available to Irish legal thinking. Contents include: Reforming the Law on Double Jeopardy * The Origins and Evolution of the Special Criminal Court * The Presumption of Advancement and Unlawful Fraudulent Conduct * Garda Diversion of Young Offenders: An Unreasonable Threat to Due Process Rights? * Constitutional Right or Chimera? Reforming the Right of Access to a Lawyer * "Man, I feel like a woman!" A Proposal for the Legal Recognition of Transsexualism in Ireland * Cyber Certainty Definite Legal Rights in the Digital Domain * A Glitch on the Path towards Nova Hibernia: The Case for Partial Reform of Ireland's Non-Life Insurance Legislation * The Law of Nullity: Current Defects and Suggested Reforms * No Talismanic Incantation: "Subject to contract" in Irish Law * The Guys from Out of Town: Expert Witnesses - A Law Reform Proposal * Gender and the Formation of a Marriage: Tying the Knot, or Tied up in Knots? * The Road Not Taken * The Exception (Im)proves the Rule: Reforming the Irish Law of Hearsay * Privity of Contract and Third Party Rights: An Unnecessary and Complex Anomaly in Need of Reform * Online Education and Copyright Law * Recording and Representation: The Interrogation of Suspects in the Irish Pre-Trial Process~
Venturing To Do Justice
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Author : Robert E. Keeton
language : en
Publisher: Cambridge : Harvard University Press
Release Date : 1969
Venturing To Do Justice written by Robert E. Keeton and has been published by Cambridge : Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1969 with Judicial process categories.
Since 1958 state courts of last resort in the United States have handed down a notably larger number of overruling decisions than ever before. This distinctive record raises many questions about how and by whom law reform should be effected. Mr. Keeton examines this issue in relation to private law the branch of law concerned with the rights and duties of private individuals toward each other, enforceable through civil proceedings. In the first part of this book, the author reviews methods of law reform. He focuses on the role of the courts and legislatures as agencies of abrupt change; the remarkable rate at which the role of the courts has grown; and the means by which courts may discharge their increased responsibility for changing private law to meet contemporary needs. He strongly urges a more active and imaginative participation in law reform by both courts and legislatures, and proposes concrete methods for achieving it. In the second part of this book, Mr. Keeton concentrates on reform in two important areas of private law: harms caused by defective products and by traffic accidents. He considers the developing rules for strict liability, and discusses the issues of principle underlying the basic protection plan for traffic victims--a proposal, of which he is co-author, which is under consideration in a number of state legislatures. The closing chapter treats problems stemming from the necessity of blending the old with the new when private law reform is undertaken. This discussion stresses one of the book's recurring themes: the need to balance stability and predictability of law with flexibility and reform. The author disposes of some misconceptions about the role of public policy in a workable legal system-misconceptions that sometimes affect the attitudes and thinking not only of professionals in the field of law, but also of those who see the system from the outside. This book contains controversial ideas that will be of interest to all who are concerned with law reform, whether professionally or as informed citizens.
Reforming The Law
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Author : Australia. Parliament. Senate. Standing Committee on Constitutional and Legal Affairs
language : en
Publisher:
Release Date : 1979
Reforming The Law written by Australia. Parliament. Senate. Standing Committee on Constitutional and Legal Affairs and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1979 with Law reform categories.
Reforming Family Law
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Author : Dörthe Engelcke
language : en
Publisher: Cambridge University Press
Release Date : 2019-03-07
Reforming Family Law written by Dörthe Engelcke and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-07 with Law categories.
Implementation of Islamic family law varies widely across North Africa and the Middle East, here Dörthe Engelcke explores the reasons for this.
Reforming The Russian Legal System
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Author : Gordon B. Smith
language : en
Publisher: Cambridge University Press
Release Date : 1996-12-12
Reforming The Russian Legal System written by Gordon B. Smith and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996-12-12 with History categories.
This book examines how traditional indigenous Russian legal values and the 74-year experience with communism and "socialist legality" are being combined with Western concepts of justice and due process to forge a new legal consciousness in Russia today.
Reforming The Law On Business Organizations
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Author : Peter H. J. Essers
language : en
Publisher:
Release Date : 2011
Reforming The Law On Business Organizations written by Peter H. J. Essers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business enterprises categories.
This book is the result of a joint effort of researchers of Tilburg University's Center for Company Law (CCL). It concludes the former CCL research program Foundations and Developments of (Inter)national and European Business and Tax Law (2004-2009) and is the start of CCL's new program. Basic questions regarding business law and tax law are phrased and answered on the basis of concrete research results with respect to four different periods during the lifetime of an enterprise: establishing/choosing the legal form, financing, functioning, and reorganizing the business. The answers to these fundamental questions can be seen as building stones for enhancing entrepreneurship by means of reforming and simplifying relevant regulations in the field of business law and tax law.
International Perspectives On End Of Life Law Reform
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Author : Ben P. White
language : en
Publisher: Cambridge University Press
Release Date : 2021-12-09
International Perspectives On End Of Life Law Reform written by Ben P. White and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-12-09 with Law categories.
Addresses the vexed question of how and why reform of end-of-life law occurs, drawing on ten international case studies.
The Reform Of Uk Personal Property Security Law
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Author : John de Lacy
language : en
Publisher: Routledge
Release Date : 2009-12-16
The Reform Of Uk Personal Property Security Law written by John de Lacy and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.
There has been much discussion in the last ten years about the need to reform the law governing company charge registration, with many bodies including the Department of Trade and Industry and Law Commissions considering the case for reform of this area in the context of a wider scheme of personal property security reform. This has culminated in the coming into force of Part 25 of the Companies Act 2006, which is concerned with company charge registration. This major book features the work of international experts on personal property security law. It focuses on the reform of UK company charge law and argues that the Companies Act 2006 did not go far enough in reforming the law. It addresses the question as to whether the UK should follow the lead of other jurisdictions that have adopted US Article 9 type personal property security schemes. As well as considering current UK law the book also addresses the changes proposed by the Law Commissions and, despite current government inaction, considers whether these reform proposals should be adopted. The book contains major international comparisons and, in particular, looks at law reform in the USA, Canada, Australia, New Zealand, Singapore and Europe. This comparative treatment gives the reader a full perspective on this difficult and constantly developing area of law.