By Teresa Pizarro Beleza Frederico de Lacerda da Costa Pinto
Teresa Pizarro Beleza de Lacerda e Frederico da Costa Pinto - Nota de apresentação. A prova legal e as garantias de defesa: linhas de leitura e pontos de tensão
Eurico Balbino Duarte - Making of - A reconstituição do fado no processo penal português
Fábio Loureiro - O primeiro interrogatório judicial do arguido detido
Lara Sofia Pinto - Privilégio contra a auto-incriminação as opposed to colaboração do arguido. Case learn: revelação coactiva da password para desencriptação de dado - resistance is futile?
Sofia Saraiva de Menezes - Direito ao silêncio: a verdade por trás do mito
Sandra Pereira - A recolha de prova por agente infiltrado
Ana Rita Fidalgo - Autorização judicial e legalidade nas buscas domiciliárias
Rita Serrano- A irrecorribilidade do despacho de pronúncia
Nuno Serrão de Faria - Acesso aos registos das escutas telefónicas - os poderes de destruição do juiz de instrução
Luís Pedro Martins de Oliveira - Da autonomia do regime das proibições de prova
By Andrew Goodman
Andrew Goodman’s 3rd and most up-to-date model of the vintage textual content on mediation advocacy has been tailored into this pupil version. it truly is crucial analyzing for students trying to enhance abilities in representing events at mediation, and to improve their pageant talents. With forewords via the Rt Hon Lord Dyson MR and Irena Vanenkova, govt director of the foreign Mediation Institute, and with appendices overlaying correct ecu laws, the new SCMA Mediation Advocacy criteria and the IMI’s personal functional instruments for mediator choice and case administration, this paintings is either an authoritative guide and a realistic talents handbook for college kids from many backgrounds.
“ It offers the clearest attainable grounding within the talents and practice of mediation, and the function of the recommend in the course of the mediation process. it truly is compendious in scope and carefully functional in its advice. It will be visible to be the pre-eminent consultant to practitioners who wish to increase and hone the expert abilities required of potent mediation advocates.” Lord Justice Dyson, Foreword
As the sphere has built, so this ground-breaking paintings has been accelerated to cover fresh gurus and new principles and to soak up the help practitioners can receive from such corporations as SCMA, AMATI and IMI who have endorsed the work.
By Thomas M. Keck
Drawing on a sweeping survey of litigation on abortion, affirmative motion, homosexual rights, and gun rights around the Clinton, Bush, and Obama eras, Thomas M. Keck argues that, whereas each one of those tales captures a part of the importance of judicial politics in polarized occasions, each one is usually deceptive. regardless of judges’ claims, genuine felony judgements will not be the politically impartial items of disembodied criminal texts. yet neither are judges “tyrants in robes,” undermining democratic values by means of enforcing their very own personal tastes. simply as frequently, judges and the general public appear to be pushing within the comparable path. As for the argument that the courts are powerless associations, Keck exhibits that their judgements have profound political results. And, whereas advocates on either the left and correct have interaction continuously in litigation to accomplish their ends, neither aspect has regularly gained. finally, Keck argues, judges reply no longer easily as umpires, activists, or political actors, yet in mild of precise judicial values and practices.
By Samuel A. Marcosson
Originalism is the perform of reviewing constitutional instances via looking to determine the framers' and ratifiers' rationale. Original Sin argues that the "jurisprudence of unique intent," represented at the present very best court docket via Justices Antonin Scalia and Clarence Thomas, has failed by itself phrases. makes an attempt to figure out the framers' motive haven't introduced higher determinacy and legitimacy to the method of constitutional interpretation. as a substitute, the strategy has been marked via the very flawsincluding self-interested reasoning and the manipulation of doctrinethat originalists argue marred the jurisprudence of the judicial "activists" of the Warren court docket.
Original Sin brings a rigorous assessment of the functionality of the "new originalists" to the controversy, making use of their method to actual circumstances. Marcosson specializes in the judicial judgements of Clarence Thomas, an avowed originalist who however advocates "color blind" readings of the structure that are at odds with the framers' principles relating anti-miscegenation and different legislation. After critiquing what he sees as a troubling use of originalism and explaining why it has did not supply a constant foundation for constitutional decision-making, the writer is going directly to provide an alternate technique: person who lends higher legitimacy to the Court's interpretations of the Constitution.
By Seth Lipner
The first complete paintings at the topic, this quantity covers all of the felony and financial matters raised by means of grey marketplace goods--genuine trademarked items synthetic with the authority of the trademark proprietor yet imported with out that entity's permission. Seth Lipner analyzes intimately the suitable judicial judgements, administrative activities, and laws and gives a radical dialogue of the trademark legislations, copyright, antitrust, customs perform, and fraud matters enthusiastic about the importation of grey marketplace items. Designed to assist either the felony and company groups comprehend and overview grey industry occasions, the ebook is written with at least felony jargon and features a complement of suitable statutes and governmental rules. the writer additionally offers practical projections concerning the destiny viability of grey marketplace goods.
Following an introductory bankruptcy that explores the company and economics of the grey industry, Professor Lipner studies a few early grey industry circumstances. next chapters tackle particular matters raised through grey industry actions and litigation. The bankruptcy on logos contains in-depth dialogue of such themes as proving neighborhood goodwill, harm and the grey industry, and the only overseas company disqualification. Turning to antitrust matters, Professor Lipner covers the heritage of vertical restraints, antitrust legislations and the grey marketplace, and particular situations. The succeeding chapters study, in flip, customs carrier guidelines vis-a-vis grey marketplace items, the query of identify, and copyright legislation and the grey marketplace. the ultimate part examines the results of country legislation, the foreign exchange fee, and the way the legislation of overseas nations impact grey marketplace exchange within the usa. dialogue of instances is incorporated all through to demonstrate issues made within the textual content. legal professionals considering foreign exchange perform in addition to importers, trademark vendors, and licensees will locate this booklet an integral advisor to the enterprise and litigation of controversies over grey industry goods.
By Cédric Alter,Olivier Caprasse,François Collon,Julie-Anne Delcorde,Marc Fyon,Virginie Gutmer,Edouard-Jean Navez,Zoé Pletinckx,Emmanuel Roger France,Thierry Tilquin,Georges-Albert Dal
Les groupes de sociétés sont une réalité économique incontournable et los angeles crise financière a particulièrement attiré l’attention sur les enjeux que les grands groupes font peser sur l’économie de l’Union européenne.
Les spécificités de l’appartenance à un groupe de sociétés, que ce soit en matière de conflits d’intérêts, de responsabilité des administrateurs, d’entreprise en difficulté, de droit du travail, de droit pénal ou de droit financial, sont une resource quotidienne de questions, les occasions étant traditionnellement abordées en termes de société individuelle.
Avec une approche résolument orientée vers l. a. pratique et en proposant des options aux problèmes rencontrés, cet ouvrage traite :
• de l’organisation du pouvoir dans les groupes ;
• des spécificités des filiales en toughé ;
• du droit du travail dans les groupes ;
• du fonctionnement du groupe au regard des principes de droit pénal ;
• des elements fiscaux ;
• des évolutions récentes de droit européen et des transferts de sièges et restructurations.
Le droit des groupes interpelle tous les praticiens, avocats, juristes d’entreprises, specialists… qui conseillent les groupes ou les sociétés qui en font partie, en période de stabilité comme en cas de crise.
By Shane Read
The ebook is split into seven elements: establishing assertion, direct exam, cross-examination, cross-examination of the specialist witness, remaining argument, deposition, and appellate oral argument. In each one half, there are chapters that profile an legal professional well-known for their talents and an research of court docket transcripts the place that ability used to be displayed. for instance, bankruptcy one positive aspects Mark Lanier, who has completed nationally well-known record-setting jury awards. Lanier candidly finds his thoughts and secrets and techniques for making a spellbinding beginning assertion. the writer, an finished trial lawyer and hugely acclaimed instructor, then greatly analyzes a courtroom transcript from one among Lanier's recognized trials so that you can research the construction blocks for a gap assertion and practice Lanier's ideas at your subsequent trial. on the finish of the bankruptcy, there's a list that summarizes Lanier's tips.
Other chapters characteristic hugely acclaimed attorneys comparable to Alan Dershowitz who explains the major to a profitable cross-examination and Lisa Blatt, the girl with the main appearances ahead of the U.S. splendid courtroom, who stocks her secrets and techniques for a profitable oral argument. in brief, this ebook will educate you every little thing you must understand from deposition to trial to appellate oral advocacy from the best legal professionals within the USA.
By Ariel Halevi
By Kalman Minkus
There are kinds for every level of the case the place required.
By Sirko Harder
While a few facets of the degree of damages are roughly harmonised among agreement, tort and fairness (e.g. causation in truth and mitigation), major ameliorations exist when it comes to
(1) remoteness of wear, that is the query of no matter if, whilst and to which measure harm has to be foreseeable to be recoverable;
(2) the compensability of non-pecuniary loss similar to discomfort and soreness, misery and lack of reputation;
(3) the influence of contributory negligence, that's the victim's contribution to the prevalence of the inaccurate or the consequent loss via unreasonable behavior sooner than the wrong;
(4) the situations below which sufferers of wrongs can declare the achieve the offender has made up of the inaccurate; and
(5) the supply and scope of exemplary (or punitive) damages.
For all of the 5 themes, this publication examines the current place in agreement, tort and fairness and establishes the diversities among the 3 parts. It is going directly to scrutinise the arguments in defence of current alterations. the belief on each one subject is that the current ameliorations among agreement, tort and fairness can't be justified on advantages and may be got rid of via a harmonisation of the proper principles.