The first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. How can we explain--and prevent--such large-scale atrocities as the Holocaust? In Unconscionable Crimes, Paul Morrow presents the first general theory of the influence of norms--moral, legal and social--on genocide and mass atrocity. After offering a clear overview of norms and norm transformation, rooted in recent work in moral and political philosophy, Morrow examines numerous twentieth-century cases of mass atrocity, drawing on documentary and testimonial sources to illustrate the influence of norms before, during, and after such crimes.

This book looks at the historical use of allegations of unconscionable conduct within the context of independent trade finance instruments, such as letters of credit and demand guarantees. It makes a detailed survey of the law of unconscionable conduct, the complexities of the doctrine of independence, and the circumstances where the former prevails to provide relief from abuse. It also completes a wide–ranging, sequential audit of the relevant case law in both Singapore and Australia where unconscionable conduct was alleged in independent instrument matters. The audit examines every case along the lines of precedent and details the contribution each makes to the law. Focussing on the jurisdictions of Singapore, Australia, and Malaysia, the book lays out the case for the broad adoption of unconscionable conduct in this domain. With its premises founded in precedent and statute, it describes the elements of independent instrument unconscionability as already laid down in law and links it to international banking practice.

This is a book about changing the terms of American Arbitration Law. The book contains individual views of the four co-authors and criticisms of the individual recommendations of the authors. The book contains point and counterpoint and numerous controversial ideas. The authors present the competing arguments on some of the most controversial topics in arbitration---arbitration of employment disputes between employers and their former employees and arbitration of disputes between consumers and product sellers.

Given the unprecedented recent turmoil on financial markets we now face radically challenged, 'post-Lehmann' assumptions on protecting the vulnerable in financial transactions. This collection of essays explores conceptions of, and responses to, unconscionability and similar notions across Europe with specific reference to financial transactions. It presents a detailed analysis of concepts of unconscionability in Europe against a backdrop of Commission initiatives aimed, variously, at securing a single market in financial services, producing greater coherence in EC consumer protection law and consolidating European private law. This analysis illustrates, for example, that concepts of unconscionability depend on context and can be shaped by a variety of factors. It also illustrates that jurisdictions may choose to respond to questions of unconscionability through a variety of legal instruments located in different branches of the law rather than through a single doctrine. Thus this collection illuminates many of the obstacles facing harmonisation in this area.

Equity and Trusts has quickly established itself as a market leader due to it clarity, insight and accessibility in what is perhaps the most complex of legal areas. Hudson's scholarly account of the subject makes this text sufficiently authoritative for trust practitioners but also provides a comprehensible introduction for a student audience. As in previous editions, the traditional doctrines are analyzsed in the context of current issues and the book's progressive approach intersperses discussion of the core ideas with clear examples. This fourth edition has been extensively rewritten and includes new chapters on: understanding the trust certainty in the creation of express trusts the rights of beneficiaries and the beneficiary principle, formalities in the creation of express trusts, constructive trusts breach of trust miscellaneous equitable remedies. Individual essays on the nature of express trusts, the law on fiduciaries, family law, human rights law and equity draw together the main principles while examining related questions of restitution and social justice. This book is essential reading for all those seeking a modern approach to this crucial area of law.

The casebook’s traditional organization begins with formation and then corresponds to the sequence followed by the Restatement (2nd) of Contracts and treatises. Its concise, efficient presentation results in an optimum length for the course. Transactional issues such as drafting, client counseling, and negotiation are emphasized through the use of questions and small exercises throughout the text. Strengthening the text’s focus on contemporary methods of contracting, modern issues in standard contracts are explored along with contracts entered into electronically. International and comparative material offers alternative approaches for students to consider, such as those taken by the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. New to the Fifth Edition: A continuing focus on contracting via electronic media. Fresh cases, problems, and text throughout the book to update the discussion and provide new perspectives on contemporary approaches to the law. An increase in the number of problems and the conversion of former case notes into problems. Revised multiple choice self-assessment questions for each chapter at the end of the book. Professors and students will benefit from: The most important feature of the book is its deliberate design to be accessible and interesting to students and to provide them with materials that are challenging and thought-provoking, but also coherent and carefully organized so as to avoid unnecessary confusion. The cases in the book are carefully edited and are selected for accessibility, interesting and attractive facts, and clear exposition. Modern cases, many of which are very recent, are emphasized, but the book contains a good selection of older cases that are iconic or continue to be the best cases for teaching a particular subject. The book adopts a multifaceted approach to learning, including textual exposition, case analysis, questions, and problems. While some problems are relatively simple others are more complex. Many problems are based on decided cases, which are summarized briefly in the text of the problem.

Marketing Law covers Australian and applicable international laws applying to manufacturing, packaging, labelling, advertising, promotion, pricing and the sale of goods and services. The authors outline the applicable legal principles and legislation, and cover the extensive case law, with extracts of critical cases.There are 12 chapters: The Expression of Ideas - Copyright, Branding, Designs and Inventions, Consumer Protection, Defamation, Confidential Information, Unfair Selling Practices, Product Liability, Arrangements Restricting Competition, Exclusive Dealing, Misuse of Market Power, and Insurance.Topics covered include:statutory frameworks applying to copyright, designs, trade marks and patents; the common law tort of passing off applying to unfair selling practices; confidential information; potential defamatory liability; legislation in relation to product quality and liability; trade practices laws and the responsibilities of marketers; restrictive trade practices, with specific emphasis on the prohibitions on arrangements restricting competition, exclusive dealing and misuse of market power.