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Author: Xavier Lagarde
Publisher: LGDJ
ISBN:
Category : Civil procedure
Languages : fr
Pages : 476
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Book Description
Author: Xavier Lagarde
Publisher: LGDJ
ISBN:
Category : Civil procedure
Languages : fr
Pages : 476
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Book Description
Author: Jean-Francois Blanchette
Publisher: MIT Press
ISBN: 026230080X
Category : Computers
Languages : en
Pages : 283
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Book Description
An examination of the challenges of establishing the authenticity of electronic documents—in particular the design of a cryptographic equivalent to handwritten signatures. The gradual disappearance of paper and its familiar evidential qualities affects almost every dimension of contemporary life. From health records to ballots, almost all documents are now digitized at some point of their life cycle, easily copied, altered, and distributed. In Burdens of Proof, Jean-François Blanchette examines the challenge of defining a new evidentiary framework for electronic documents, focusing on the design of a digital equivalent to handwritten signatures. From the blackboards of mathematicians to the halls of legislative assemblies, Blanchette traces the path of such an equivalent: digital signatures based on the mathematics of public-key cryptography. In the mid-1990s, cryptographic signatures formed the centerpiece of a worldwide wave of legal reform and of an ambitious cryptographic research agenda that sought to build privacy, anonymity, and accountability into the very infrastructure of the Internet. Yet markets for cryptographic products collapsed in the aftermath of the dot-com boom and bust along with cryptography's social projects. Blanchette describes the trials of French bureaucracies as they wrestled with the application of electronic signatures to real estate contracts, birth certificates, and land titles, and tracks the convoluted paths through which electronic documents acquire moral authority. These paths suggest that the material world need not merely succumb to the virtual but, rather, can usefully inspire it. Indeed, Blanchette argues, in renewing their engagement with the material world, cryptographers might also find the key to broader acceptance of their design goals.
Author: Michelle T. Grando
Publisher: Oxford University Press
ISBN: 019957264X
Category : Law
Languages : en
Pages : 446
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Book Description
This book examines how a World Trade Organization (WTO) dispute settlement panel formulates its conclusions with respect to the facts of a dispute brought before it. It does so by discussing the legal concepts which shape the process of fact-finding, analysing the approach taken by panels thus far and offering suggestions for improvement.
Author: Lara Khoury
Publisher: Bloomsbury Publishing
ISBN: 184731273X
Category : Law
Languages : en
Pages : 304
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Book Description
'Proving' the cause of the plaintiff's injury in personal injury litigation often entails significant challenges, particularly when science cannot identify the cause of a biological phenomenon or when the nature of this cause is debatable. This problem is frequently encountered in medical malpractice cases, where the limitations of scientific knowledge are still extensive. Yet judges must decide cases, however uncertain the evidence with regard to proof of causation. Reluctant to leave patients without compensation, courts have in some cases challenged their traditional approach to causation through recourse to such techniques as reliance on factual presumptions and inferences, the concept of loss of chance, and reversal of the burden of proof. This book analyses and criticises the use of these various techniques by the courts of England, Australia, Canada, France, and the civilian Canadian province of Quebec in confronting evidentiary causal difficulties caused by the uncertainties of medical science.
Author: A. J. van den Berg
Publisher: Kluwer Law International B.V.
ISBN: 9041133666
Category : Law
Languages : en
Pages : 490
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Book Description
Advocacy in international arbitration is the focus of this collection of articles emanating from the twentieth Congress of the International Council for Commercial Arbitration (ICCA) held in Rio de Janeiro in 2010. The topics addressed by renowned arbitration practitioners and scholars include: effective advocacy in arbitration; the advocate's role at different stages of arbitration proceedings; the role of experts; arbitration advocacy and Constitutional law; and advocacy and ethics in international arbitration. The volume also contains a new approach to expert evidence - the Protocol on Expert Teaming - and closes with a proposal for an International Code of Ethics for Lawyers Practicing Before International Arbitral Tribunals.
Author: José Lebre de Freitas
Publisher: Kluwer Law International B.V.
ISBN: 9041121374
Category : Law
Languages : en
Pages : 490
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Book Description
This important book, the fifth in the Civil Procedure in Europe series, provides a comparative overview, of 13 EU countries and Switzerland, on the law of evidence. Each country's practice in this area is described and analysed by a national expert distinguished in the field of civil procedural law. The contributions are written in either English, French or German, and are followed by summaries in both remaining languages. Bibliographies are included to enable the reader to locate material for further study. A comparative contribution by the editor, Professor Jose Lebre de Freitas, analyses the similarities and differences between the various European systems. Furthermore, the editor discusses attempts to harmonise the law of evidence in Europe and provides concrete suggestions for a future harmonisation or unification of this area of law. The countries covered are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, The Netherlands, Portugal, Spain, Sweden and Switzerland.
Author: James Nafziger
Publisher: Martinus Nijhoff Publishers
ISBN: 9004480560
Category : Law
Languages : en
Pages : 900
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Book Description
For over half a century Arthur T. von Mehren has been a luminary in the fields of comparative law, private international law, and legal education. Here, fifty-eight of the world's leading scholars and jurists honor his work and outstanding contributions to the advance of knowledge and reform. The volume is divided into four illuminating sections: Part I: Jurisdiction & Judgment Part II: Choice of Law Part III: International Arbitration Part IV: Comparative & European Law Published under the Transnational Publishers imprint.
Author: Dimitrios Giannoulopoulos
Publisher: Bloomsbury Publishing
ISBN: 1509923241
Category : Law
Languages : en
Pages : 329
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Book Description
This is the first book to offer an extensive cosmopolitan, cross-cultural insight into the perennial controversy over the use of improperly obtained evidence in criminal trials. It challenges the conventional view that exclusionary rules are idiosyncratic of Anglo-American law, and highlights the 'constitutionalisation' and 'internationalisation' of criminal evidence and procedure as a cause of rapprochement (or divergence) beyond the Anglo-American and Continental law divide. Analysis focuses on confessional evidence and evidence obtained by search and seizure, telephone interceptions and other means of electronic surveillance. The laws of England and Wales, France, Greece and the United States are systematically compared and contrasted throughout this study, but, where appropriate, analysis extends to other Anglo-American and Continental legal systems. The book reviews exclusionary rules vis-à-vis the operation of judicial discretion, and explores the normative justifications that underpin them. It attempts to reinvigorate the idea of excluding evidence to protect constitutional or human rights (the rights thesis), arguing that there is significant scope for Anglo-American and Continental legal systems to place a renewed emphasis on it, particularly in relation to confessional evidence obtained in violation of custodial interrogation rights; we can locate an emerging rapprochement, and unique potential for European Court of Human Rights jurisprudence to build consensus in this respect. In marked contrast, remaining divergence with regard to evidence obtained by privacy violations means there is little momentum to adopt a reinvigorated rights thesis more widely. Longlisted for the Inner Temple Book Prize 2022.
Author: Compiled by the British Library of Political and Economic Science
Publisher: Routledge
ISBN: 113433995X
Category : Political Science
Languages : en
Pages : 846
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Book Description
First published in 1952, the International Bibliography of the Social Sciences (anthropology, economics, political science, and sociology) is well established as a major bibliographic reference for students, researchers and librarians in the social sciences worldwide. Key features * Authority : rigorous standards are applied to make the IBSS the most authoritative selective bibliography ever produced. Articles and books are selected on merit by some of the world's most expert librarians and academics. * Breadth : today the IBSS covers over 2000 journals - more than any other comparable resource. The latest monograph publications are also included. * International Coverage : the IBSS reviews scholarship published in over 30 languages, including publications from Eastern Europe and the developing world. * User friendly organization : all non-English titles are word sections. Extensive author, subject and place name indexes are provided in both English and French. Place your standing order now for the 2002 volumes of the the IBSS Anthropology : 2002 Vol.48 December 2002: 234x156: 0-415-32634-6: u195.00 Economics : 2002 Vol.51 December 2002: 234x156: 0-415-32635-4: u195.0 0 Political Science : 2002 Vol.51 December 2002: 234x156: 0-415-32636-2: u195.00 Sociology : 2002 Vol.52 December 2002: 234x156: 0-415-32637-0: u195.00
Author:
Publisher:
ISBN:
Category : Telecommunication
Languages : en
Pages : 772
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Book Description
