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Rechtsdogmatik und wissenschaftstheorie
To what extent can legal doctrine benefit from the theory of science? On the basis of three influential currents of the 20th century - logical empiricism, falsificationism and historical epistemology - Johannes Herb analyzes how legal knowledge moves in the conflicting fields of normativity and c...
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Rechtsgeschäftliche blankette
In a modern economy characterized by a division of labor and constant change, contracts and declarations of intent that require subsequent completion can hardly be dispensed with. Despite their many forms, such "blank" instruments raise very similar legal issues. Tim Robers addresses these issues...
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Die anerkennung drittstaatlicher entscheidungen nach dem spiegelbildprinzip
Victor de Lousanoff examines the recognition of judgments from third states under German law, analyzes the role of the Brussels Ia Regulation within the German mirror principle, and develops a practical, universally applicable solution for choice-of-court agreements and all other judgments from t...
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Slapps – strategische klagen gegen öffentliche beteiligung
Madeleine Petersen Weiner addresses the phenomenon of strategic lawsuits against public participation (SLAPPs), whereby critical statements are silenced through legal proceedings, particularly in cross-border contexts. She explains the legal loopholes and presents reform proposals aimed at better...
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Grundrechtsschutz beim grenzüberschreitenden steuervollzug innerhalb der eu
The dogmatics of fundamental rights protection in the area of cross-border tax enforcement within the European Union have hardly been examined to date. Thomas Sendke addresses this issue in his work, thereby making a significant contribution to the development of a European tax constitutional law.
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Annahmeunmöglichkeit und lohnrisiko
Doctrine of business risk or default in acceptance? The question of which of the two legal concepts applies arises when an employee is unable to work due to an interruption of operations, yet still claims remuneration. Christoph Boës examines the limits of a possible claim to continued remunerati...
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Personengesellschaften im deutschen, österreichischen und schweizerischen recht
This volume focuses on partnership law. It analyzes the numerous innovations brought about by the current reform of the century in Germany and compares them with the external and internal systems in Austria and Switzerland.
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Europäische außenpolitik
How can the Common Foreign and Security Policy of the EU be reformed in the face of member state sovereignty? Jan Christoph Beutler answers this question by first analysing the chequered term of sovereignty and placing it in the context of integration.
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Einführung in das insolvenzrecht
Whether for students, trainee lawyers, or those taking their first steps in legal practice: thanks to its clear structure, numerous illustrative examples, and comprehensive coverage of insolvency law topics, this work provides an excellent introduction to insolvency law-and also serves as a relia...
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Constitutional conflict as judicial civil disobedience and conscientious objection
When it comes to the primacy of Union law, the Court of Justice and some national constitutional courts have displayed different opinions in the past. Eva Rom argues that constitutional conflicts can be better understood by looking at two concepts of American legal and political philosophy: civil...
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Kollektivismus und individualismus im aktienrecht
Alexander Sajnovits analyzes corporate law paradigms in Germany and the United States. He highlights historical foundations, legal structures, and recent developments, while addressing the potential for paradigm shifts and convergence between the two systems.
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Recht der digitalisierung iii
The volume examines key challenges posed by digitisation and internationalisation in public law, European law, and international law. The contributions analyse legal implications for mobility and administrative procedures, as well as the regulation of digital media, online communication, and arti...
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Klimaschutz durch berücksichtigungsgebote
The Federal Climate Protection Act obliges public authorities to take climate concerns into account in their plannings and decisions. Miriam Köhl places Section 13 (1) sentence 1 KSG in the context of other climate protection-related consideration obligations and examines what contribution such r...
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Sinnbild verfassung
The constitution is a legal text-and at the same time much more. This volume explores the symbolic dimension of the constitution, shows how it gains validity through that dimension, and how it represents societies, their conflicts, and their transformations-at both the national and the European l...
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Zeugnisverweigerungsrechte in modernen familienformen
Society is subject to constant change, and fundamental rights reflect this change. The example of the right of relatives to refuse to testify is used to examine whether and to what extent social and constitutional developments necessitate adjustments to ordinary law.
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Anspruch auf diskriminierungsfreie verfahrensgestaltung
How can the promise of equality in Article 3 of the German Basic Law be fulfilled in administrative procedures? Alexander Gleixner shows that equality in administration is only guaranteed if procedures themselves are free of structural discrimination.
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Die verantwortlichkeit juristischer personen für marktmissbrauch
The prohibitions of insider dealing and market manipulation set out in Articles 14 and 15 Regulation (EU) 596/2014 form the heart of capital market law. Carl Alexander Strobel examines the requirements under which legal persons can be held liable for violations of these provisions.
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Die absolute geschäftsunfähigkeit auf dem prüfstand
Silvia Deuring proposes a relative concept of incapacity, aligning legal protection with personal autonomy. She demonstrates the need to reform §§ 104 No. 2 and 105 BGB (German Civil Code) and introduces a consent-based model balancing protection and self-determination.
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Kindeswohl und internationale zuständigkeit
Christina Marie Koch analyses the meaning attributed to the child's best interests in determining international jurisdiction in family law. She examines how this principle influences the interpretation of the relevant EU regulations and which legislative reforms could further strengthen this prin...
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Erbrecht
With this textbook and workbook, Dieter Leipold enables the reader to acquire a basic knowledge of German civil law. The new edition has been completely revised and updated.
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Gewaltenteilung im digitalen staat
What constitutional requirements must be observed when digitizing the judiciary in Germany? Frederik Thomsen develops fundamental measures to safeguard the organizational independence of the courts and to protect judicial independence.
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Vernetzte autonomie
Informational self-determination isolates subjects of fundamental rights, even though digital interactions are only possible within networks. An infrastructural dimension includes participation rights and a right to disconnect inspired by already existing forms of digital commons.
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Europarecht
The 14th edition provides the latest information on European law for study and practice. New literature and current ECJ case law - for example, on EU citizenship and freedom of movement - have been incorporated, supplemented as before by the parallel collection of decisions, which enables an in-d...
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Menschenrechtssozialisation auf online-plattformen
Martin Fertmann reveals how Meta's Oversight Board is emerging as a key actor in shaping international human rights standards in content moderation. Based on extensive document analysis, he shows how private regulatory structures are shifting toward greater normativity and accountability.
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Shareholders' agreements
The contributors explore how contractual freedom in company law can be reconciled with legal certainty, ethics, and governance. Their analyses shed light on the evolving relationship between private autonomy and corporate structure in a global legal context.
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Verfassungsrechtspflege
The Federal Constitutional Court Act of 1951, enacted two years after the Basic Law entered into force, institutionalised the Federal Constitutional Court as a judicial institution. The Festschrift commemorating its 75th anniversary portrays the Court as a key actor in constitutional life and ana...
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Europäisierung der verteidigungsgüter
How should Europe be defended militarily in the future? Laura Maria Wolfstädter examines the need for and the limits of the Europeanization of defense equipment, with a particular focus on the operational level, and outlines the concept of a future European Defense Union.
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Eigenrechte der natur
The idea of recognizing nature as a legal entity has gained considerable momentum worldwide in recent years. Jula Zenetti examines the key question for our legal system in question: To which extent could nature benefit from the recognition of rights of nature also in EU law and German law?
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Mehrdimensionale diskriminierungen
By applying post-categorical approaches and transferring civil liberties dogmatics, Luisa Lehning develops a dogmatic framework that identifies multidimensional inequalities that have previously been overlooked in legal terms and makes it possible to determine their specific intensity for members...
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Gesellschaftsrecht
The renowned textbook by Barbara Grunewald is being continued in the proven format by Hans-Friedrich Müller. The complex subject matter of company law is presented in a didactically valuable and clearly structured way, in order to provide optimal support to students as well as other interested re...
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(bloß) symbolische rechtsetzung
Legislation has both functional and symbolic dimensions, and their relationship is crucial for the effectiveness of normative governance. If this relationship becomes imbalanced, it amounts to merely symbolic legislation. Robin Anstötz examines whether this applies to gambling regulation and what...
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Das internationale sachenrecht der blockchain-token
Blockchain tokens exist beyond national borders. International property law, on the other hand, seeks to establish a connection to a specific legal system. Hendrik Studt therefore asks which law determines the existence and transfer of rights in rem to a token.
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Demokratische intermediäre
According to the Basic Law, political parties participate in the formation of political will, even though other political associations also contribute to this process as democratic intermediaries. Therefore, constitutional law should address the deficits of political parties and make better use o...
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Electricity storage
This book offers a comprehensive guide to the commercial, regulatory and financing issues shaping storage projects worldwide.
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Grundgesetz-kommentar. band 2
With Volume II, the authors continue the successful launch of the 4th edition of the Dreier-GGK and brings the commentaries on Articles 20 to 82 up to date with the latest case law and literature. Retaining the proven structure of the commentary, the authors take a fresh look at the organisationa...
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Turnaround management
Following the highly regarded first edition, this second edition of Turnaround Management covers important legislative changes since 2018 and their significant effect on turnaround practice, particularly the EU Directive on Restructuring and Insolvency 2019 and the UK’s Corporate Insolvency and R...
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Practical derivatives
This fourth edition includes updated chapters explaining how derivatives are used in the practical context, how the documentation works and any pitfalls for the unwary.
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Sufficiency of disclosure in patent applications
Designed for patent practitioners who deal with software, electrical, biological, pharmaceutical, mechanical or chemical patent work, this book is an essential reference to anyone seeking international patent protection.
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Legal leadership
Drawing on the author’s 30 years of experience in the field, Legal Leadership: A Practical Guide for In-house Lawyers analyses the pivotal role legal leaders play in shaping high-performing teams, both as culture architects and strategic thinkers.
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Patent subject matter eligibility
With succinct discussions of case law, patent office practices, and practical prosecution strategies, this guide is intended to help patent practitioners determine where to consider filing applications, the risks and benefits of certain claim types and language, and how to increase the strength o...
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The risks of artificial intelligence in law
AI is reshaping the legal industry, transforming practices, and influencing behaviours of legal tech buyers and vendors alike. However, AI adoption introduces complex risks that require careful consideration. The Risks of Artificial Intelligence in Law is devoted exclusively to AI risks in law. D...
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Business families and family businesses
This comprehensive handbook makes essential reading for all practitioners who advise business families, including lawyers, accountants, financial advisers and wider family business advisers.
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Ai with purpose
AI with Purpose is a strategy-first playbook for legal leaders under pressure to "do something with AI" but who don't want to waste money on pilots that never scale.
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Histories of international legal theories in japan
This volume offers the first systematic account of Japanese international legal theory, tracing more than a century of scholarship across thirteen influential thinkers. Edited by leading Japanese scholars, it examines how theorists working outside international law’s Western centre developed soph...
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Utopia
In a room in the middle of nowhere, a man and a woman dream up spectacular worlds: a decaying city, a lush and crumbling garden, a train journey across a drowned landscape. Darkly humorous, absurd and surreal, these are plays for a theatre in which time and space, character and setting are as unc...
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More meditations of a militant moderate
The book collects almost thirty-five opinion pieces, essays, and two poems by the author on a wide variety of public policy topics written and published between 2006 and 2022. The author, a self-described “militant moderate,” draws on his participation in many public debates. The articles are gro...
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Law and justice in the 1950s
Written for historians and legal specialists alike, this book reveals the stories behind the laws of 1950s England and Wales. Drawing on a range of fascinating case studies, it examines the social, political and economic contexts surrounding the considerable breadth of legal developments in the d...
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Achieving access to justice in a business and human rights context
This book explores the interplay between access to justice and business and human rights in European civil-law countries. Focusing on Multinational enterprises (MNEs), which are rarely held accountable for their involvement in human rights abuses and environmental damage, it evaluates the extent ...
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A city divided: race, fear and the law in police confrontations
When a high school honors student emerges from a police confrontation outside his home bruised and beaten, and facing serious criminal charges, an American city erupts in protests. A long quest for justice begins. "A City Divided" uncovers what happened and examines if race, fear and police condu...
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Ethics, law and the business of being human
This book presents a philosophical and legal inquiry into the sort of creatures we are, and so how to live well and behave well, and an indictment of the failure of the Academy to address these foundational questions.
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The power of constitutional rights in resource conflicts
This book considers the value of constitutional environmental rights in protecting water resources through an examination of the legal strategies utilized by communities engaged in protracted mining conflicts, including oil sands development in the Canadian boreal forest and gold mining in ecolog...
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Constraining development
This book explores the ways that trade and investment treaties constrain domestic policy making. It draws a common thread through trade- and investment-related areas to show how the promises of the current international legal regime have not come to fruition and to offer new options for countries...
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Investment arbitration’s tightrope
This book examines the role of arbitrators vis-à-vis the systemic inequities of investment law, advocating for the reform of its treaty framework, which currently binds arbitrators to apply rules that disproportionately safeguard foreign investors and overlook the impact of arbitral decisions on ...
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The inherence of human dignity
The first of two volumes, Foundations of Human Dignity focuses on foundational, conceptual issues, oriented around the central question, “What are the various meanings of ‘human dignity,’ and how are they grounded or justified?”
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Law and humanities
This edited collection provides the first accessible introduction to Law and Humanities. Each chapter explores the nature, development and possible further trajectory of a disciplinary ‘law and’ field.
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The lived experiences of african international students in the uk
This study presents the findings from an investigation of the lived experiences of international students from sub-Saharan Africa in the United Kingdom. It demonstrates their reactions to immigration rules, the restrictive approaches to employment status, and how their legal consciousness is impa...
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World trade and investment law reimagined
In a time of turmoil in international economic law, experts from 10 countries suggest ideas for a new and progressive trade and investment regime in ‘World Trade and Investment Law Reimagined’ that would help sustain growth, facilitate development and ensure that gains are shared and losses compe...
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Exploring animal crossing
An exploration of the Animal Crossing virtual world, bringing together insights about law, commerce, psychology, sociology and creativity for scholars and non-specialist readers.
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Judicial dispute resolution
This book describes the ways in which judges, using judicial dispute resolution (JDR), have been facilitating problem-solving among litigants, and in the process ensuring more just outcomes. JDR is similar to mediation, alternative dispute resolution (ADR),as it is sometimes called, but it is pro...
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Reforming international extradition
Extradition often priorities international comity and state rights over individual protections. This can create unfairness and concerns about extraditee welfare. Using case studies, this book explores these issues and argues that defendant-centered reforms are needed to adjust these unequal level...
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Eu and uk securitisation regulation
In-depth and practical, provides a comprehensive analysis of the regulatory framework for securitisation in the European Union and United Kingdom.
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Britain and its mandate over palestine
When Britain took control of Palestine from the Turkish Ottoman Empire in World War 1, it tried to find a way to gain a legal right both to govern Palestine and to facilitate a Jewish national home there. It never found one. As a result, the changes it brought about in Palestine lack a legal basis.
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Polar shift: the arctic sustained
Polar Shift addresses how to sustain the Arctic's richness, beauty, and local and global value. It describes programs specifically created to protect this region and presents competing ideas of how it can be improved with specific recommendations
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Queer and religious alliances in family law politics and beyond
Family law is a site of social conflict and the erasure of non-traditional families. This book explores how conservative religious and progressive queer groups can cooperatively work together to expand family law’s recognition beyond the traditional state-sponsored family. This book also looks to...
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Trading women's rights in transitions
Trading Women's Rights in Transitions is about how women’s rights are traded away by diplomatic actors directly in exchange for immediate political or other settlements, and indirectly in terms of being left off the international agenda with long-term consequences.
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Shifting the spotlight in the law of rape
We need a new law of rape –. One one which puts the focus on the defendant, rather than the victim. Many survivors of rape report that their experience of the criminal courts is that they are on trial. This book argues we need to redefine rape so the focus is on the defendant and his respon...
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The anthem companion to niklas luhmann
The Anthem Companion to Niklas Luhmann is a major contribution to analysing the work of one of the greatest social theorists of the twentieth century. This companion provides the latest scholarly interpretations of a thinker who revolutionised the theoretical foundation of the discipline of socio...
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Regulating cross-border data flows
Governing cross-border data flows is inherently difficult given the ubiquity and value of data, and the impact government policies can have on business, innovation and societal interests. This book engages with the unexplored topic of why and how governments should develop a coherent and consiste...
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Behind tax policy controversies
This book provides a short, critical introduction to controversies in tax policy. It emphasizes the many diverse underlying factors that drive tax policy debates and sheds light on traditional and newly emerging issues of tax policy.
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Engaging with engagement
This short book examines the taxonomy of ‘voluntary obligations’ presented by Viscount Stair in his seminal Institutions of the Law of Scotland, arguing that – notwithstanding ongoing proposals to significantly reform ‘Scots contract law’ – Stair’s account of ‘will’ and ‘engagement’ offers the b...
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Judge knot
‘Judge Knot’ explores the biggest and the most controversial success story in international law: investor-state dispute settlement, or ISDS, and asks what makes the system tick and what it means for the future of democracy and development.
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The inherence of human dignity
The second of two volumes on dignity, Law and Religious Liberty focuses on the connection between human dignity and positive law, oriented around the central question, “What role should dignity play in the development of legislation and the adjudication of disputes involving religious freedom?”
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Empirical assessment in ihl education and training
The book charts the use of empirical assessment over the last 20 years to make IHL training more effective and links it with recent research that emphasizes the role of military leaders in building a values-oriented culture of IHL compliance with their soldiers.
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Democracy, social justice and the role of trade unions
Trade unions worldwide face a powerful paradox at this critical juncture: collective organisations for workers are urgently needed and yet there are serious pressures undercutting the legitimate role of trade unions. The aim of this book is to examine how trade unions can effectively navigate thi...
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Trends in comparative law and economics
The book is a short introduction to comparative law and economics, a growing field in the interaction between law, economics and comparative political science. It is a guide to economists, lawyers and political scientists looking for a brief overview. It includes both strands of the traditional l...
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Perfecting the u.s. constitution
This book tells the story of each Constitutional Amendment and the role that the Amendments have played in shaping the American experience. Based on solid research, it is written in an engaging style that is easy to comprehend and enjoyable to read.
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The status of religion and the public benefit in charity law
‘The Status of Religion and the Public Benefit in Charity Law’ is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition.
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Balancing work and new parenthood
This book examines Australian parental leave provisions and compares them with their counterpart provisions in Canada, Germany, and Switzerland. Following comparison and analysis, recommended amendments to the Paid Parental Leave Act 2010 (Cth) are provided.
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Natural law jurisprudence in u.s. supreme court cases since roe v. wade
“Natural Law and the US Supreme Court since Roe v. Wade” is a critical examination of US Supreme Court cases since the Roe v. Wade decision in light of natural law reasoning and principles. It incisively reviews textual opinions of the various justices and attempts to discern the influence of nat...
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Religion in schools
Questions of how religion operates within schools are controversial and divisive. This book explores radical changes that are being made in Wales and the lessons that can be learnt.
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Energy in the middle east
Energy and the Middle East: From Black Gold to Green Horizons brings together specialists from Gibson Dunn’s market-leading global energy practice, combining international ‘on-the-ground’ expertise to deliver an authoritative commentary on the sector’s most cutting-edge developments, issues and t...
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Enforcement of investment treaty arbitration awards, third edition
Spearheaded by leading arbitration practitioner, Julien Fouret, this third edition brings together 70 experts to provide up-to-date substantive analysis of recurring issues at the award enforcement stage plus practical perspectives on enforcing awards based on investment treaties.
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Cyber-espionage in international law
This book analyses the normative avoidance of cyber-espionage, arguing that it is neither prohibited nor authorised by international law. This situation did not emerge by chance but through the purposeful silence of States, leaving them free to pursue cyber-espionage themselves at the same time a...
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Käuferschutzverfahren
Conflicts in e-commerce are increasingly settled not by courts but by private companies through buyer protection procedures. Martin von Villiez examines their legal basis, their effects on contractual relationships, and reviews the legal limits of such procedures.
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Enforcement of investment treaty arbitration awards
Spearheaded by leading arbitration practitioner, Julien Fouret, this second edition brings together more than 70 experts to provide substantive analysis of recurring issues at the award enforcement stage plus practical perspectives on enforcing awards based on investment treaties.
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Family law for the high-net-worth client
The legal landscape governing ultra-high-net-worth (UHNW) and high-net-worth (HNW) families is evolving rapidly, especially as mobility and international relocation among non-domiciled individuals and British expatriates increases.
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The modern in-house lawyer
Written by Ciarán Fenton, it provides in-house lawyers at all levels, members of the c-suite and private practice lawyers with the principles, tools and models to manage their key relationships and enhance their work.
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Migrating borders and citizenship in law
Devyani Prabhat’s groundbreaking book examines the multifarious ways in which law operates with borders, demarcating not only nations and territories, but people and migrants, residents and foreigners. From worldwide to the nation, family to the workplace, this interdisciplinary study explores th...
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Foundations and evolutions of structured trade finance, second edition
Structured trade finance (STF) is a highly specialized area of trade finance that has evolved directly from practice. As it grows and becomes more complex in an increasingly risk-based regulatory environment, there is a pressing need for detailed guidance on the subject.
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A special standing in the world
The history of the Faculty of Law at HKU is in many ways the history of the law in modern Hong Kong. Founded in 1969, the Faculty has helped transform a colonial legal backwater into a flourishing jurisdiction, in which Hong Kong maintains its common law system as a special administrative region ...
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Shipping and logistics law
This book provides a general introduction to the basic principles of shipping and logistics law in Hong Kong. It contains many practical examples and illustrations from case law. Extracts of the relevant legislation and sample shipping documents are annexed in this book for reference. In this sec...
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