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Journal of Korean Law Vol. 9, No. 1, December 2009

The Journal of Korean Law assumes that all authors listed in a manuscript have agreed with the following policy on submission of manuscripts. Except for renegotiated secondary publication, manuscripts submitted to the Journal must be previously unpublished and not be under consideration for publication elsewhere. The Journal of Korean Law invites the submission of unsolicited manuscripts. Please address manuscripts to the Editor-in-Chief, Journal of Korean Law. Articles of less than 10,000 words are preferred. All submissions should be accompanied by a cover letter and a brief abstract. The abstract should be concise, less than 200 words, and describe concisely the purpose, methods, and argument of...

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The Law ( In Pland English) for Photographers

The process of surveying photography professionals, collecting relevant material, processing it, analyzing it, and putting it in an understandable, useful form could not have been completed without the help of a number of friends. Their contributions to this book are appreciated and worthy of note. Unfortunately, it is not possible to identify all of the individuals who have contributed in some way to the success of this volume, and I apologize to those who have been inadvertently omitted from this list of people who have aided in preparing this second edition of The Law (In Plain English)® for Photographers for publication. ...

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The Law ( In Plan English) for Small Business

Tham khảo sách 'the law ( in plan english) for small business', kinh tế - quản lý, luật phục vụ nhu cầu học tập, nghiên cứu và làm việc hiệu quả

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The Law (In Plan) for Crafts

Too often, our failure to succeed as crafts professionals lies not in the absence of talent or skills, but in resistance to acquiring a knowledge of sound business practices—especially those related to law and contracts. Like it or not, artists and artisans are as involved as other professionals in business and business law. Because art is at best a precarious means of life support, we require familiarity with applicable law in order to proceed easily and confidently in business transactions. As artists, we have a perennial tendency to spurn all conventional wisdom, to treat business dealings with the same spirit of adventure with which we develop media or style....

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Law in a Digital World

My ideas about law and technology and my ability to write this book have benefited considerably from assistance provided by many indi- viduals. I am indebted to my colleagues in the University of Massachu- setts Department of Legal Studies—Stephen Arons, Dianne Brooks, John Bonsignore, Peter d'Errico, Ronald Pipkin, and Janet Rifkin—for encouraging my research activities and for an ongoing sharing of ideas about the new technologies, and to our staff—Claude Shepard and Tami Paluca-Sackrey—for providing help in innumerable ways. My understanding of the capabilities of information technologies also owes a great deal to discussions with Peter Martin, Tom Bruce, David Johnson, Henry H. Perritt, Trotter Hardy, Ronald Staudt, James Ham- bleton,...

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Legal English: How to understand and master the language of law

This book has been written to assist those interested in law and wishing to become more conversant in English within a legal context (whether as a native English speaker or someone using English as a second or foreign language). It is therefore intended to be of assistance to a variety of individuals, including:

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Cases and Materials on the English Legal System

Combining materials from a wide variety of sources with Michael Zander’s authoritative commentary, this book provides the tools with which an observer of the English legal system can discover how it functions, the problems it faces and the current reforms proposed.

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The English Jacobin Novel on Rights, Property and the Law

The English Jacobin Novel on Rights, Property and the Law Critiquing the Contract Nancy E. This is a project that has long been in the works; therefore, there are numerous friends and colleagues to acknowledge. I am indebted to Alex Gold, Jr., who first introduced me to the English Jacobins, and Michael McKeon, who started me on the road to interdisciplinary studies in the eighteenth century. I owe a special thank you to David Hensley for his inspiration, counsel, and exceptionally comprehensive readings; he set by example extraordinarily high standards of scholar- ship and writing. I am appreciative, as well, to Ian Balfour, Mike Bristol, Mette Hjort, James Tully, and...

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Law, Crime and English Society, 1660–1830

This book examines how the law was made, defined, administered and used in eighteenth-century England. An international team of leading historians explore the ways in which legal concerns and procedures came to permeate society, and reflect on eighteenth-century concepts of corruption, oppression and institutional efficiency. These themes are pursued throughout in a broad range of contributions, which include studies of magistrates and courts, the forcible enlistment of soldiers and sailors, the eighteenth-century ‘bloody code’, the making of law basic to nineteenth-century social reform, the populace’s extension of law’s arena to newspapers, theologians’ use of assumptions basic to English law, Lord Chief Justice Mansfield’s concept of the liberty intrinsic to England and...

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Dictionary of Law Terms

This bilingual DICTIONARY OF LAWTERMS is intended for students of the law, legal secretaries, paralegals, legal executives, ESP teachers, translators and pro- fessional people who need English for their present or future day-to-day work in the legal field.

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ENGLISH-RUSSIAN TERMS ON CIVIL LAW AND LAW OF CIVIL PROCEDURE

yardstick – мерка, мерило; критерий ~ of invention – (пат.) 1) масштаб изоб- ретательского уровня; 2) критерий па- тентоспособностиyouth – молодой человек; несовершен- нолетний wayward ~ – несовершеннолетний, проявляющий непослушание (вид делин- квентности несовершеннолетних)

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The Gulf War 1990–91 in International and English Law

There is no doubt that international law was of major importance during the Gulf conflict of 1990–91. Military and other actions were repeatedly justified through reference to international law, and disputes about interpretation were frequent. This book provides a definitive legal analysis of the conflict, with reference both to international and to English law. Some have been tempted to argue that international law is an ineffective means of controlling the activities of a state and its armed forces from the fact that there were no war crimes trials of the leaders of Iraq, or any other state. International law...

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REPRESSIVE JURISPRUDENCE IN THE EARLY AMERICAN REPUBLIC

This volume will enable readers to understand how the Revolutionary American society dedicated to the noble aspirations of the Declaration of Independence and the Bill of Rights could have adopted one of themost widely deplored statutes in American history, the Sedition Act of 1798. It demonstrates how the wholesale incorporation by the new states in 1776 of the full body of English law into the American law also meant the adoption of the English repressive common- law jurisprudence that had been fashioned to support the English monarchical political system that had been repudiated in the American Revolution. The unhappy result was that in the new nation as well...

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Natural Law in English Renaissance literature

Natural Law, whether grounded in human reason or divine edict, is an unwritten form of law which encourages people to follow virtue and shun vice. The concept dominated Renaissance thought, where its literary equivalent, poetic justice, underpinned much of the period's creative writing. R. S. White's study examines a wide range of Renaissance texts, by More, Spenser, Sidney, Shakespeare and Milton, in the light of these developing ideas of Natural Law. It shows how writers as radically different as Aquinas and Hobbes formulated versions of Natural Law which served to maintain socially established hierarchies. For Aquinas, Natural Law always resided...

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MARRIAGE LAW AND PRACTICE IN THE LONG EIGHTEENTH CENTURY

This book uses a wide range of primary sources – legal, literary and demographic – to provide a radical reassessment of eighteenth-century marriage. It disproves the widespread assumption that couples married simply by exchanging con- sent, demonstrating that such exchanges were regardedmerely as contracts to marry and that marriage in church was almost universal outside London. It shows how the Clandestine Marriages Act of 1753 was primarily intended to prevent clergymen operating out of London’s Fleet prison from con- ducting marriages, and that it was successful in so doing. It also refutes the idea that the 1753 Act was harsh or strictly interpreted, illustrating the courts’ pragmatic approach....

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Industrializing English Law

Legal stasis in the face of rapid economic change poses serious challenges to deterministic and functional interpretations in the theory of law, institutions, and economic performance. This book explores a particu- larly important example: the slow and contradictory development in the law of business organization in England during the critical phase of the Industrial Revolution. Based on extensive primary source research, Ron Harris shows how the institutional development of major forms of busi- ness organization – the business corporation, the partnership, the trust, the unincorporated company – evolved during this period. He also dem- onstrates how this slow and peculiar path of legal change interacted with and affected the practice...

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WOMEN OF THE WORLD: LAWS AND POLICIES AFFECTING THEIR REPRODUCTIVE LIVES: LATIN AMERICA AND THE CARIBBEAN

This report was coordinated jointly by Gaby Oré Aguilar, International Program Staff Attorney for Latin America and the Caribbean of the Center for Reproductive Law and Policy, and Roxana Vásquez Sótelo,General Coordinator of DEMUS and Regional Coordinator for this report.

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THE CRIMINAL RESPONSIBILITY OF SENIOR POLITICAL AND MILITARY LEADERS AS PRINCIPALS TO INTERNATIONAL CRIMES

This book provides a hugely important contribution to a complex and vital area of international criminal law. For the courts and tribunals which are charged with the responsibility of trying the most serious cases in the criminal calendar, there can be few subjects of greater concern than the approach that should be taken when dealing with the alleged responsibility of those who are seemingly ‘in control’ when the worst international crimes are committed. The author, who brings to bear his distinguished academic and practical experience in this area, has subjected the issue to painstaking research and, in the event, he has provided with his personal views a penetrating...

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INTERNATIONAL CRIMINAL LAW Second Edition

The publication of the second edition of International Criminal Law coincides with the first real work of the International Criminal Court (ICC), now that the fanfares that accompanied its creation and the swearing-in of the judges have died away. Thepresidency isnowpermanently installed inTheHague; the prosecutor hasbegun the task of sifting the many referrals that have been made by a myriad of different organisations and individuals; and the judges are engaged in the crucial task of writing the regulations for this new court....

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CRIMINAL LAW AND PROCEDURE FOR THE PARALEGAL ASYSTEMS APPROACH Third Edition

Engaging students throughout the process of learning career competencies is the goal of Criminal Law and Procedure for the Paralegal: A Systems Approach, Third Edition. Students are challenged to enhance their legal reasoning, critical thinking, and problemsolving skills by applying them to realistic case scenarios, analysis problems, electronic and traditional research exercises, and to numerous drafting, interviewing, discovery, and other typical paralegal tasks. The text also addresses the human element in the practice of criminal law, including the accompanying rewards and pitfalls. Ethical concerns and relevant performance standards, so often related to the human element, are generously covered in Chapter 2 and throughout the text....

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HOMICIDE LAW IN COMPARATIVE PERSPECTIVE

THIS VOLUME EMERGES from the work that was done by the contributors towards the writing of the Law Commission’s final report on the law of homicide in England and Wales, Murder, Manslaughter and Infanticide. 1 A number of jurisdictions world-wide have been reviewing or revising their homicide laws, and each has engaged in comparative analysis. An important new contribution to this process can be made by compiling a detailed scholarly analysis of the law in a range of jurisdictions (both recently reformed and unreformed). In addition, Chapter 2 provides an overview of how the Law Commission for England and Wales justified its conclusions as to how the law...

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The Crime Junkie’s Guide to Criminal Law

Let’s face it, as long as it’s not happening to you, crime is pretty entertaining. Every offense, from shoplifting to murder, combines danger and excitement with emotions like greed, anger, and the urge to make very close friends in prison. The dastardly deeds are often outrageous and sometimes hair-raising, but we can’t seem to rip our eyes from the wreckage criminals make of their own lives and the lives of their victims. The dark side of human behavior both repulses and fascinates us.

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CRIMINAL LAW Tenth Edition

Criminal Law was my favorite class as a first-year law student at Northwestern University Law School in 1958. I’ve loved it ever since, a love that has only grown from teaching it at least once a year at the University of Minnesota since 1971. I hope my love of the subject comes through in Criminal Law, which I’ve just finished for the tenth time. It’s a great source of satisfaction that my modest innovation to the study of criminal law—the textcasebook— has endured and flourished. Criminal Law, the text-casebook, brings together the description, analysis, and critique of general principles with excerpts of cases edited for nonlawyers....

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CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT

FOR OVER 35 years Mirjan Damaška’s work has shone like a beacon over those who try to make sense of the similarities and differences between national legal systems. As someone who was a professor of law at the University of Zagreb Law School before coming to the United States to teach at the University of Pennsylvania and then at Yale, his work reflects an unparalleled range of erudition and a deep understanding of the common law and civil law traditions born of personal experience.

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Criminal Law and Procedure

CRIMINAL LAW AND PROCEDURE is an effective resource for learning all substantive and procedural aspects of criminal law. This practical, up-to-date text features important updates to criminal laws and statutes in the post 9-11 world, including white-collar crime, cybercrime, identity theft, new sentencing guidelines, and much more.

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HEARSAY EVIDENCE IN CRIMINAL PROCEEDINGS

In 1994, the Law Commission were kind enough to engage me as a consultant on their project on the hearsay rule in criminal proceedings, and a year later I saw my input reflected in the sections of the resulting Consultation Paper where the rule was examined, the justifications for it were analysed together with the problems that it causes, the Strasbourg case law was analysed, and where readers were shown how the underlying issues are handled by the courts in France and Germany.

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CRIMINAL LAW THE BASICS

This book has been written for those seeking an introduction to the basics of criminal law. It would be ideal if you are about to start a course in criminal law or if you just have a general interest in the subject. It does not at all purport to tell you everything you need to know about criminal law for a law degree, but hopefully it will pique your interest in the subject and introduce you to some of the main themes.

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The Principle of Legality in International and Comparative Criminal Law

This statement – that “nothing is criminal except by law [existing at the time of the act]” is a mere nonbinding principle of justice – has a cynical ring to it. It implies that judges can and should ignore principles of justice in service of the sovereign powers that created their court. This was pointed out rather explicitly in the dissent to the Tokyo Judgment by Justice Radhabinod Pal of India, who argued that the International Military Tribunal for the Far East should not create crimes that did not exist at the time a defendant acted: “for otherwise the Tribunal will not be a ‘judicial tribunal’ but...

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Crime and Culpability: A Theory of Criminal Law

Ultimately, what underlies the criminal law is a concern with harms that people suff er and other people cause – harms such as loss of life, bodily injury, loss of autonomy, and harm to or loss of property. Th e criminal law’s goal is not to compensate, to rehabilitate, or to inculcate virtue. Rather, the criminal law aims at preventing harm.

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Truth, Error, and Criminal Law An Essay in Legal Epistemology

Every author owes debts more numerous than he can mention. Of some, he is barely aware, though they are no less real for that. More troubling are those that run so deeply that they cannot easily if ever be repaid, and certainly not by the bare acknowledgment of their existence. Still, it remains important to mention them, even if the gesture is brief and fleeting. I first became interested in epistemological issues surrounding the law about five years ago, having previously devoted myself to the philosophy of science and applied epistemology....

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