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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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A new edition has been published, the details can be seen here:
Cases That Changed Our Lives Volume 2 isbn 9781405791458

Cases That Changed Our Lives

Edited by: Ian McDougall

ISBN13: 9781405755887
New Edition ISBN: 9781405791458
Published: September 2010
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Paperback
Price: £36.00



Low stock.

All lawyers have an in-built need to revisit the great cases of the past. After all, that is the basis upon which common law is founded. A retrospective look at the people and circumstances behind the results of these great cases gives tremendous insight and understanding.

This collection of essays examines key cases (both UK and international) that have changed or created the rules and procedures which govern our lives and which we abide by - cases which have changed our lives. It sets out the facts of each case and examines its impact, with emphasis on the human angle of the story, including:-

  • Who were the people involved?
  • What was actually decided in the case?
  • What happened later and how did what was decided on the facts change our lives? What were the later implications for that area of law and/or other areas of law?
  • What legacy has the case left?
It also supports the rule of law, demonstrating that using something as abstract as judicial reasoning, we create a set of rules and procedures which govern our lives - the rule of law is the acceptance of this intellectual and abstract concept.

Subjects:
Legal History, General Interest, Trials
Contents:
Foreword
Preface
Contributors
Table of Cases

PART I - THE RESTRAINT OF KINGS - “BE YOU NEVER SO HIGH …”
1. The Golden Met-wand and Measure - Prohibitions del Roy (Matthew Seys-Llewellyn)
2. The Trial of Charles I (Geoffrey Robertson QC)
3. Elected Leader or Sun King? The Supreme Court Decides whether the President is above the Law in US v Nixon (Professor Tamara Rice Lave)

PART II - MODERN PUBLIC LAW
4. Anisminic Ltd v Foreign Compensation Commission: A Beacon for Accountability (Michael Fordham QC)
5. Giving Effect to the Intentions of Parliament: Pepper v Hart (Oliver Jones)
6. A Hunting We Will Go? R (Jackson and Others) v Attorney General (Alexander Horne)
7. ‘On remand in police custody’ or how the QPC provides litigants with recourse to the consititutional courts (Professor Bertrand Mathieu)
8. Kable’s Case and the Rule of Law (The Hon Kevin Lindgren AM QC)
9. An important strike for freedom of speech: Dhooharika v Director of Public Prosecutions (Mark Stephens)

PART III - LAW AND WAR
10. Silence of the laws: Dissent and democracy in Liversidge v Anderson (Dexter Dias QC)
11. The First Nuremberg Trial and its Enduring Legacy: “Even Rulers Are Under God And The Law” (Steven Kay QC)

PART IV - LAW, EQUALITY, RELIGION AND DISCRIMINATION – THREE US CASES
12. Brown v Board of Education (Kenneth R Thompson II)
13. The Right of Privacy: Roe v Wade (Linda Greenhouse)
14. “Respect for their Private Lives”: Lawrence v Texas (Stephen Hetherington)

PART V - LAW, EQUALITY, RELIGION AND DISCRIMINATION – THREE BRITISH CASES
15. Banning the Jilbab in School – A Violation of a Pupil’s Right to Manifest Religion? R (Sabina Begum) v Governors of Denbigh High School (Lynne Townley)
16. Having to Pick and Choose: Eweida & Others v the United Kingdom (James Wilson)
17. There’s Nowt so Queer as Folk: Bull vs. Hall (Karon Monaghan QC)

PART VI - CIVIL LAW
18. When Louisa Carlill Caught the ‘Flu: Carlill v The Carbolic Smoke Ball Co. (John Randall QC)
19. Disregard the Merits? Interim Injunctions under American Cyanamid Co. v Ethicon Ltd (No.1) (Paul Lowenstein QC & Scott Ralston)
20. Puncturing Metaphor: the Supreme Court and the Corporate Veil: Prest v Petrodel Resources Ltd & Others (John Wilson QC)
21. A First Step Towards A European ‘Compensation Culture’ And A Catalyst for Change: Courage v Crehan (Collette Rawnsley);

A Final Word;
Index