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Remedies Cases and Materials in Australian Private Law
by Katy Barnett Kenneth Yin Martin AllcockRemedies Cases and Materials in Australian Private Law presents a selection of cases and legislation to introduce students to the remedies available under Australian law. It offers the depth and context required to understand and analyse the application of private law remedies. Developed to accompany the second edition of Remedies in Australian Private Law, and following its accessible and systematic structure, this casebook contains carefully curated extracts from landmark cases, legislation and secondary sources. The selected extracts offer a comprehensive yet concise guide to the application of remedies. Each chapter includes clear explanations of topics and links to material in the principles text, along with flowcharts and diagrams to summarise complex cases and concepts. Review questions encourage students to analyse decisions from important cases and test their knowledge. Written by an expert author team, Remedies Cases and Materials in Australian Private Law is an invaluable resource which enables students to understand remedial law.
Remedies for Human Rights Violations: A Two-Track Approach to Supra-national and National Law (Cambridge Studies in Constitutional Law #27)
by Kent RoachAn innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
Remedies in Australian Private Law
by Katy Barnett Sirko HarderThe second edition of Remedies in Australian Private Law offers readers a clear and detailed introduction to remedies and their functions under Australian law. Clearly structured, with a strong black-letter law focus, the text provides a complete treatment of remedies in common law, equity and statute and develops a framework for understanding the principles of private law remedies and their practical application. This edition has been significantly revised and offers up-to-date coverage of case law and legislation, including the Australian Consumer Law. Building on the detailed treatment of remedies and their broad functions across a range of private law categories, the new edition also offers expanded coverage of vindicatory damages, debt, specific restitution and coercive remedies. With its systematic and accessible approach, this text enables students and practitioners to develop a coherent understanding of remedial law, and to analyse legal problems and identify appropriate remedial solutions.
Remedies in Australian Private Law
by Katy Barnett Sirko HarderRemedies in Australian Private Law presents a detailed and scholarly map of remedies under Australian private law. Clearly structured and accessibly written, the text takes a black-letter law approach to remedies in common law, equity and statute, and develops a framework for understanding the principles of private law remedies and their practical application. The third edition has been updated to include recent cases in remedial law, offering students clear links between principles and practice, and provides more in-depth coverage of compensation under the Australian Consumer Law. Reasonable fee awards and disgorgement and accounts of profit are now addressed in separate chapters to reflect recent changes in international case law. Written by an expert author team, Remedies in Australian Private Law enables students and practitioners to develop a coherent understanding of remedial law and to analyse legal problems and identify appropriate remedial solutions.
Remedies in Australian Private Law
by Katy Barnett Sirko HarderRemedies in Australian Private Law offers a clear, logical and complete treatment of remedies in common law, equity and statute. Designed in response to the rapid expansion of interest in this field of law, this book provides readers with a theoretical and practical framework for understanding the principles of private law remedies and how they are applied. Clearly structured with a strong black-letter law focus, this book includes detailed coverage of remedies for tort, breach of contract, the Australian Consumer Law and equitable obligations. It also includes discussion of theoretical perspectives on issues such as the fusion of common law and equity, the nature of reasonable fee awards and the concept of unjust enrichment. The systematic and accessible approach set out in this book will enable students, practitioners and others to develop an overarching conception of remedial law, and thereby enhance their capacity to analyse legal problems and find the best solutions.
Remedies in Construction Law (Construction Practice Series)
by Roger ter HaarRemedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects. Now in a fully updated second edition, it covers topics such as: Damages Termination Quantum Meruit Recovery Injunctions Limitation ADR This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
Remedies in Construction Law (Construction Practice Series)
by Roger ter Haar Camilla Ter HaarRemedies in Construction Law brings together various well-established strands of the law and considers practical remedies for breach of contract and tort in connection with construction projects.The third edition brings the text up to date with significant new cases in respect of duress, force majeure and liquidated damages. It also features new content on retention clauses, remedies associated with Grenfell Tower type cladding, bonds and variation clauses.This book continues to be a vital reference to lawyers and construction professionals seeking specialist insight into how remedies function in the construction sector.
Remember: The Journey to School Integration
by Toni MorrisonToni Morrison has collected a treasure chest of archival photographs that depict the historical events surrounding school desegregation. These unforgettable images serve as the inspiration for Ms. Morrison's text, a fictional account of the dialogue and emotions of the children who lived during the era of separate but equal schooling. Remember is a unique pictorial and narrative journey that introduces children to a watershed period in American history and its relevance to us today. Remember will be published on the 50th anniversary of the groundbreaking Brown v. Board of Education Supreme Court decision ending legal school segregation, handed down on May 17, 1954.<P><P>Winner of the Coretta Scott King Medal
Remember Me: The gripping, twisty page-turner you won’t want to put down
by Amy McLellan'Complex, intriguing, clever, twisty, beautifully put together'MARI HANNAH, author of WITHOUT A TRACE* * * * * * *How do you find a killer when you can't recognise a face?Last night my sister was murdered. The police think I killed her.I was there. I watched the knife go in. I saw the man who did it.He's someone I know. But he won't be caught.Because he knows I have prosopagnosia - I can't recognise faces.But if I don't find him, I'll be found guilty of murder.* * * * * * *Praise for REMEMBER ME:'Had me hooked from the very beginning, a gripping premise and such a deliciously flawed cast of characters' JENNY BLACKHURST'Beautifully written...Truly shocking, this is a book that will have everyone talking about it' MARY TORJUSSEN'Loved the protagonist from the first chapter and was rooting for her until the end' SARAH WARD'Hooks you from the start, with a twisty, page-turning pace that keeps you guessing' JAMES SWALLOW
Remember Me: The gripping, twisty page-turner you won't want to put down
by Amy McLellan'Complex, intriguing, clever, twisty, beautifully put together'MARI HANNAH, author of WITHOUT A TRACE* * * * * * *How do you find a killer when you can't recognise a face?Last night my sister was murdered. The police think I killed her.I was there. I watched the knife go in. I saw the man who did it.He's someone I know. But he won't be caught.Because he knows I have prosopagnosia - I can't recognise faces.But if I don't find him, I'll be found guilty of murder.* * * * * * *Praise for REMEMBER ME:'Had me hooked from the very beginning, a gripping premise and such a deliciously flawed cast of characters' JENNY BLACKHURST'Beautifully written...Truly shocking, this is a book that will have everyone talking about it'MARY TORJUSSEN'Loved the protagonist from the first chapter and was rooting for her until the end' SARAH WARD'Hooks you from the start, with a twisty, page-turning pace that keeps you guessing' JAMES SWALLOW
Remembering Scottsboro: The Legacy of an Infamous Trial
by James A. MillerHow one of the greatest miscarriages of justice in the United States continues to haunt the nation’s racial psycheIn 1931, nine black youths were charged with raping two white women in Scottsboro, Alabama. Despite meager and contradictory evidence, all nine were found guilty and eight of the defendants were sentenced to death—making Scottsboro one of the worst travesties of justice to take place in the post-Reconstruction South. Remembering Scottsboro explores how this case has embedded itself into the fabric of American memory and become a lens for perceptions of race, class, sexual politics, and justice. James Miller draws upon the archives of the Communist International and NAACP, contemporary journalistic accounts, as well as poetry, drama, fiction, and film, to document the impact of Scottsboro on American culture.The book reveals how the Communist Party, NAACP, and media shaped early images of Scottsboro; looks at how the case influenced authors including Langston Hughes, Richard Wright, and Harper Lee; shows how politicians and Hollywood filmmakers invoked the case in the ensuing decades; and examines the defiant, sensitive, and savvy correspondence of Haywood Patterson—one of the accused, who fled the Alabama justice system. Miller considers how Scottsboro persists as a point of reference in contemporary American life and suggests that the Civil Rights movement begins much earlier than the Montgomery Bus Boycott of 1955.Remembering Scottsboro demonstrates how one compelling, provocative, and tragic case still haunts the American racial imagination.
Remix
by Lawrence LessigThe reigning authority on intellectual property in the Internet age, Lawrence Lessig spotlights the newest and possibly the most harmful culture war?a war waged against those who create and consume art. America?s copyright laws have ceased to perform their original, beneficial role: protecting artists? creations while allowing them to build on previous creative works. In fact, our system now criminalizes those very actions. Remix is an urgent, eloquent plea to end a war that harms every intrepid, creative user of new technologies. It also offers an inspiring vision of the postwar world where enormous opportunities await those who view art as a resource to be shared openly rather than a commodity to be hoarded. .
Remorse and Criminal Justice: Multi-Disciplinary Perspectives (New Advances in Crime and Social Harm)
by Richard Weisman Michael Proeve Steven Tudor Kate RossmanithThis multidisciplinary collection brings together original contributions to present the best of current thinking about the nature and place of remorse in the context of criminal justice. Despite the wide-spread and long-standing nature of interest in offender remorse, the topic has until recently been peripheral in academic studies. The authors are scholars from North America, the UK, Europe, South Africa and Australia, from diverse academic disciplines. They reflect on the role of remorse in law, for better or for worse, on how expressions of remorse are affected by the legal contexts in which they arise, and on the impact of these expressions on the individual, the court, and the community. The work is divided into four parts – Part I Judging Remorse addresses issues concerning the task of assessing remorse in the courtroom, usually prior to determining sentence. Part II Remorse Beyond the Courtroom explores the place and significance of remorse in various post-court settings. Part III Remorse, War and Social Trauma addresses remorse in the context of political violence and social trauma in the former Yugoslavia and South Africa. Finally, Part IV Reflections seeks to underscore the multidisciplinary and interdisciplinary nature of the collection as a whole, through personal and disciplinary reflections on remorse. The work provides a showcase for how diverse academic disciplines can be brought together through a focus on a common topic. As such, the collection will become a standard reference work for further research across a range of disciplines and promote inter-disciplinary dialogue.
Remote Sensing for Sustainable Forest Management
by Steven E. FranklinAs remote sensing data and methods have become increasingly complex and varied - and increasingly reliable - so have their uses in forest management. New algorithms have been developed in virtually every aspect of image analysis, from classification to enhancements to estimating parameters. Remote Sensing for Sustainable Forest Management reviews t
Remote Sensing Technology in Forensic Investigations: Geophysical Techniques to Locate Clandestine Graves and Hidden Evidence
by G. Clark DavenportRemote Sensing Technology in Forensic Investigations provides a basic understanding of concepts involved in the use of basic geophysical surveying, metal detectors, magnetics, electromagnetics and ground penetrating radar in police and forensic investigations. Such technology can be vital in locating clandestine, buried evidence which is often concealed in the subsurface underground. Crime scene investigation and evidence collection entails locating, identifying, collecting, and cataloging. Such physical evidence searches are time consuming and can often lead to searches that require excavations, which in itself that can destroy evidence. The noninvasive, nondestructive methods outlined in this book can both reduce the time spent on searches and excavations, thereby increasing the probability of locating vital physical evidence. As such, the application of remote sensing methods has gained increased acceptance, and seen increased usage, by investigators. Remote sensing methods are based on making indirect measurements of the surface of and within the earth. The resulting measurement information can be presented in either an imaging format— such as in aerial photography—or a non-imaging format, such as in a profile or contour map. These measurements can be interpreted to identify and characterize contrasts due to differences in physical and natural properties of the materials being studied. This can include physical evidence, remains, and clandestine graves. This book will serve as a handy introductory primer to the technology, techniques, and application of such techniques. Throughout, numerous references and additional resources are provided for those investigators, forensic anthropology, and police professionals who want further information on the technology’s usage for investigative purposes.
Remuneration of Copyright Owners
by Kung-Chung Liu Reto M. HiltyThis book evaluates existing and explores new mechanisms for the adequate payment of copyright owners for the use of their works. The underlying assumption is that adequate rewards to creators and subsequent right holders will continue to be a goal of copyright law (particularly to incentivize further creation and investment). In the search for viable methods it first focuses on the reduction of transaction costs and the role of new technologies. It also discusses the further development and broader application of new mechanisms that might be necessary to enhance the adequacy and efficiency of payment systems, since the more onerous payment systems are, the more irrelevant copyright risks become due to lack of acceptance, and the less likely both are to fulfill their functions.
The Renaissance in Europe: An Anthology
by Peter Elmer Nick Webb Roberta WoodCurrent research on the Renaissance has emphasized the need to look again at the original texts, documents and artefacts which, taken together, constitute the primary source of evidence for the re-evaluation of its historical significance. This volume represents one attempt to reflect this renewal of interest in returning to first principles. The Anthology presents a series of carefully selected primary sources across a wide range of disciplines, ordered thematically and reflecting the interests of scholars in a variety of fields of Renaissance studies. There are sections on humanism and its impact on philosophy and politics; Renaissance court culture, with particular emphasis on the courts of northern Italy and the Kingdom of Hungary; poetry and drama in Renaissance Britain; the Reformation; and science, magic and witchcraft. While some of the extracts are short and familiar, others appear here, in translation, for the first time, including, for example, an early sixteenth-century demonology by the Italian humanist Gianfrancesco Pico della Mirandola. The volume is illustrated throughout and each extract is introduced by a brief headnote describing the author and the source.
The Renaissance of Confucianism in Contemporary China
by Ruiping FanA new generation of Confucian scholars is coming of age. China is reawakening to the power and importance of its own culture. This volume provides a unique view of the emerging Confucian vision for China and the world in the 21st century. Unlike the Neo-Confucians sojourning in North America who recast Confucianism in terms of modern Western values, this new generation of Chinese scholars takes the authentic roots of Confucian thought seriously. This collection of essays offers the first critical exploration in English of the emerging Confucian, non-liberal, non-social-democratic, moral and political vision for China's future. Inspired by the life and scholarship of Jiang Qing who has emerged as China's exemplar contemporary Confucian, this volume allows the English reader access to a moral and cultural vision that seeks to direct China's political power, social governance, and moral life. For those working in Chinese studies, this collection provides the first access in English to major debates in China concerning a Confucian reconceptualization of governance, a critical Confucian assessment of feminism, Confucianism functioning again as a religion, and the possibility of a moral vision that can fill the cultural vacuum created by the collapse of Marxism.
Renaissance Philosophy: The Art of Worldly Wisdom; Reflections: Or, Sentences and Moral Maxims; and Maxims and Reflections
by Baltasar Gracián François Duc De La Rochefoucauld Johann Wolfgang von GoetheWisdom for today&’s world from three great thinkers of the Renaissance era. This collection of three philosophical works by Renaissance men offers timeless advice on how to prosper and live morally in business, romance, religion, and society. Although written in the Renaissance era, these guides still resonate today and are collected here for easy reference. In The Art of Worldly Wisdom, Baltasar Gracián advises people of all walks of life how to approach political, professional, and personal situations in a dog-eat-dog world. Comprised of three hundred pithy aphorisms, this influential work of philosophy offers thought-provoking and accessible advice. Some subjects include &“Never Compete,&” &“The Art of Letting Things Alone,&” and &“Anticipate Injuries and Turn Them into Favours.&” Reflections; or Sentences and Moral Maxims by François de La Rochefoucauld offers hundreds of brief, brutally honest observations of humankind and its self-serving nature. The perfect read for any realist—or anyone with the desire to evaluate their moral standing—this edition includes three supplements with additional maxims and essays. In Maxims and Reflections, Johann Wolfgang von Goethe takes a detour from his usual literary endeavors and offers snippets of his musings on life, literature, science, nature, politics, and the human condition. Essential for fans of Goethe&’s works, it provides unique insight into the mind of the last true Renaissance man. This ebook has been professionally proofread to ensure accuracy and readability on all devices.
The Renaissance Philosophy of Man: Selections in Translation
by Ernst CassirerExplore the profound and transformative ideas of the Renaissance with The Renaissance Philosophy of Man: Selections in Translation. This essential anthology brings together pivotal texts from some of the most influential thinkers of the Renaissance, offering readers a comprehensive insight into the philosophical currents that shaped this remarkable period in history.Edited by renowned scholars Ernst Cassirer, Paul Oskar Kristeller, and John Herman Randall Jr., this collection presents carefully selected translations of key philosophical works that highlight the diverse and dynamic nature of Renaissance thought. The book covers a wide array of topics, from humanism and individualism to the relationship between humanity and the divine.The Renaissance Philosophy of Man features writings from seminal figures such as Petrarch, Pico della Mirandola, Marsilio Ficino, and Giovanni Pontano. Each selection is accompanied by insightful introductions and annotations that provide historical context and clarify the significance of the ideas presented. The editors' scholarly expertise ensures that readers gain a deep and nuanced understanding of the philosophical developments of the time.The anthology delves into the central themes of Renaissance philosophy, including the dignity of man, the potential for human achievement, and the revival of classical learning. These texts reflect the era's optimism and its belief in the power of human reason and creativity. The Renaissance thinkers' quest for knowledge and their engagement with ancient sources laid the groundwork for modern philosophy and science.Join Ernst Cassirer, Paul Oskar Kristeller, and John Herman Randall Jr. in exploring the rich philosophical landscape of the Renaissance. The Renaissance Philosophy of Man offers readers a window into a pivotal era that continues to influence contemporary thought and culture.
Renascent Pragmatism: Studies in Law and Social Science (Law, Justice and Power)
by Alfonso MoralesPragmatism is experiencing a resurgence in law, philosophy and social science, with pragmatists seeking a consistent, comprehensive and productive understanding of social life. In its four sections Renascent Pragmatism aids the reinvigoration of pragmatism as an important intellectual tradition and contributor to inquiry and change in social life. The book is a first of its kind for combining essays on theory, method, public policy and empirical scholarship, presenting contributions from philosophers, legal scholars and social scientists. Throughout the book, the concrete linkage between policy, theory and method is emphasized, while recognizing the philosophical tradition in which the inquiries and prescriptions rest.
Rene Girard, Law, Literature, and Cinema: The Legal Drama of the Scapegoat
by Eric M. WilsonThis book is the first monograph to critically evaluate the work of the literary scholar René Girard from the perspectives of Law and Literature and Law and Film Studies, two of the most multidisciplinary branches of critical legal theory. The central thesis is that Girard’s theory of the scapegoat mechanism provides a wholly new and original means of re-conceptualizing the nature of judicial modernity, which is the belief that modern Law constitutes an internally coherent and exclusively secular form of rationality. The book argues that it is the archaic scapegoat mechanism – the reconciliation of the community through the direction of unified violence against a single victim – that actually works best in explaining all of the outstanding issues of Law and Literature in both of its sub-forms: law-as-literature (the analysis of legal language and practice exemplified by literacy texts) and law-in-literature (the exploration of issues in legaltheory through the fictitious form of the novel). The book will provide readers with: (i) a useful introduction to the most important elements of the work of René Girard; (ii) a greater awareness of the ‘hidden’ nature of legal culture and reasoning within a post-secular age; and (iii) a new understanding of the ‘subversive’ (or ‘enlightening‘) nature of some of the most iconic works on Law in both Literature and Cinema, media which by their nature allow for the expression of truths repressed by formal legal discourse.
Renegotiating Contracts for the Energy Transition in the Extractives Industry (Just Transitions)
by Victoria R. Nalule Raphael J. Heffron Damilola S. OlawuyiThis book focuses on renegotiating extractive contracts to align with the net-zero goals. It delves into extractive contract negotiations in four ways which collectively represent a major research gap in literature. It focuses on extractive contract provisions and examines their alignment with net zero goals, suggesting how these provisions could be re-negotiated to ensure an effective energy transition. Consequently, the book assesses how contractual provisions are responding to, or reflecting energy transition scenarios, and highlights areas to be included or strengthened that will be beneficial for all energy stakeholders. This book goes on to discuss the energy transition global landscape. Through the presentation of case studies from different countries, the book assesses the transition risks in extractive contracts, and it uniquely provides the negotiation tools and strategies to address these transition risks.
Renegotiating Family Relationships, Second Edition
by Robert E. EmeryLong recognized as the authoritative guide for clinicians working with divorcing families, this book presents crucial concepts, strategies, and intervention techniques. Robert E. Emery describes how to help parents navigate the emotional and legal hurdles of this painful family transition while protecting their children's well-being. The book is grounded in cutting-edge research on family relationships, parenting, and children's adjustment, including Emery's groundbreaking longitudinal study of the impact of divorce mediation versus litigation. It provides a detailed treatment manual for mediating custody and other disputes, developing collaborative parenting plans, and fostering positive postdivorce family relationships. New to This Edition, Reflects the latest psychological research, as well as divorce and custody law. Chapters on understanding and addressing divorcing partners' anger and grief. Treatment manual chapters have been extensively revised. Incorporates the author's 12-year follow-up study.
The Renegotiations of Public Private Partnerships in Transportation: Theory and Practice (Competitive Government: Public Private Partnerships)
by Carlos Oliveira Cruz Joaquim Miranda SarmentoThis book provides a theoretical basis for understanding the phenomenon of renegotiations in Public Private Partnerships (PPPs). It analyzes the case of transport projects, and provides empirical evidence from a variety of real-world projects. What drives renegotiations? Why are some projects more likely to be renegotiated than others? What are the outcomes? How can we improve the performance of renegotiation processes? These questions form the core of discussion in this book. PPPs are a procurement model for the delivery of infrastructure and public services that have experienced significant growth over the last three decades, particularly in terms of the development of transportation projects. The empirical evidence suggests that most PPP projects are inevitably renegotiated, i.e., the original contract needs to be adapted to new and unforeseen circumstances. The impacts of these changes on the welfare of the respective stakeholders are frequently asymmetric. Most academic research and professional guidelines are focused on PPP contract design and preparation of the procurement process, and very little has been published on the management and, mainly, the process of renegotiating that will – in all likelihood – occur. This book fills this gap in the academic discussion. Several country-based analyses and case studies from Europe and the Americas provide the reader with practical applications of the theory.