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Legal History Matters
As a field of study, legal history has an unsteady place in Australian law schools yet academic research and writing in the field of legal history and at the intersections of the disciplines of 'law' and 'history' is undergoing something of a renaissance, with rich and vibrant new works regularly appearing in specialist journals and scholarly monographs. This collection seeks to reinvigorate the study of history within the law school curriculum, by showcasing what students of the law can achieve when, addressing topics from the use of Magna Carta as history and precedent in sixteenth-century England to the political manoeuvres behind the failed impeachment of President Bill Clinton in late twentieth-century America, they seek to understand legal processes and institutions historically. The volume comprises outstanding legal history papers authored by graduate (final year JD) students in the Melbourne Law School. This collection is dedicated to two women who championed the teaching of legal history at the Melbourne Law School in the 1960s-Dr Ruth Campbell and Mrs Betty Hayes.
Research Handbook on Not-For-Profit Law
This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
Gellhorn and Byse's Administrative Law
After defining the constitutional framework for administration, the casebook discusses related topics such as downsizing government, regulators' thirst for information and the Paperwork Reduction Act, Fourth and Fifth Amendment concerns, Freedom of Information Act, and the future of the administrative state. Author forum available at twen.com. A premium Teacher's Manual is available upon request for professors adopting this casebook.
The Impact of Law's History
This book considers how legal history has shaped and continues to shape our shared present. Each chapter draws a clear and significant connection to a meaningful feature of our lives today. Focusing primarily on England and Australia, contributions show the diversity of approaches to legal history’s relevance to the present. Some contributors have a tight focus on legal decisions of particular importance. Others take much bigger picture overview of major changes that take centuries to register and where impact is still felt. The contributors are a mix of legal historians, practising lawyers, members of the judiciary, and legal academics, and develop analysis from a range of sources from statutes and legal treatises to television programs. Major legal personalities from Edward Marshall Hall to Sir Dudley Ryder are considered, as are landmarks in law from the Magna Carta to the Mabo Decision.
Studies in the History of Tax Law, Volume 6
These are the papers from the 2012 Cambridge Tax Law History Conference revised and reviewed for publication. The papers include new studies of: income tax law rewrite projects 1914–1956; law and administration in capital allowances 1878– 1950; the 'full amount' in income tax legislation; Sir Josiah Stamp and double income tax; early German income tax treaties and laws concerned with double tax avoidance (1869–1908); the policy of the medicine stamp duty; 'Danegeld' – from Danish tribute to English land tax; religion and charity, a historical perspective; 'Plaintive Glitterati'; a collision of accounting and law, dividends from pre-1914 profits in Australia; the history and developme...
Capital Gains Taxation
Capital gains taxes pose a host of technical and political design problems and yet, while the literature on the theory of capital gains taxation is substantial, little has been published on how governments have addressed these dilemmas. Written by a team of distinguished international experts, Capital Gains Taxation addresses the gap in the literature; it explains how a number of countries tax capital gains and the successes and pitfalls of these methods.
The Art of Law in the International Community
Aesthetic philosophy and the arts offer an innovative and attractive approach to enhancing international law in support of peace.
Charity Law
This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on...
Before the Oath
"Having watched from a front row seat as many incumbent and electoral campaign presidential teams managed administration transitions, Martha Kumar was struck by how productively the Bush and Obama teams worked together to effect a smooth transition of power in 2008. She has reflected upon what made the transition so effective, and wonders if it could be a model for future incoming and outgoing administrations. This book focuses on the preparations made by President Bush's transition team as well as those by Senators Obama and McCain as one administration exited and the other entered the White House. Using this recent transition as a lens through which to examine the presidential transition p...
Administrative Competence
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
