The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Oxford Studies in Private Law Theory is a biennial forum for some of the best new work in private law theory by scholars from around the world. The essays range widely over issues in general private law theory as well as specific fields, including the theoretical analysis of tort law, property law, contract law, fiduciary law, trust law, remedies and restitution, and the law of equity. OSPLT will be essential reading for academic lawyers, philosophers, political scientists, economists, and historians who wish to keep up with the latest developments in the flourishing field of private law theory. Volume II ranges widely over a diverse array of topics, including the standing to enforce private rights, the power-constraining role of equity, the grounds and limits of repair, dimensions of liability, the fiduciary duties of lawyers, as well as broader questions concerning the place of autonomy and democracy in private law and the justification of private law itself.
The Holy Bible clearly teaches that God Almighty is "Righteous in all His ways and Holy in all His works" (Psalms 145:17). The Word of God makes it abundantly clear that "as he (God Almighty) which hath called you is holy, so be ye holy" (1 Peter 1:15(a)) "because it is written, Be ye holy, for I am holy" (1 Peter 1:16). The Holy Bible is crystal clear (in Second Thessalonians 4:7) that every born again believer has been called unto "Holiness without which no man shall see The Lord" (Hebrews 12:14(b)). You (as a born again believer) have been called to serve The Lord in Righteousness and Holiness all the days of your life here on earth (Luke 1:74-75). Therefore, it's incumbent upon you to understand that when you are saved or born again (John 3:3-6), you are then to walk on "the way of Holiness" to Heaven (Isaiah 35:8) which, indeed, is the narrow way to Heaven: "13 Enter ye in at the strait gate: for wide is the gate, and broad is the way, that leadeth to destruction, and many there be which go in thereat: 14 Because strait is the gate, and narrow is the way, which leadeth unto life, and few there be that find it" (Matthew 7:13-14). As you study this book, may you be among the few Righteous in these last days (Revelation 3:4) who are walking on the narrow way of Holiness to Heaven in The Mighty Name of Our Lord and Savior Jesus Christ. Amen. This is Holiness Unto The Lord Study Text. It's Volume One in the Series. Understanding the Doctrines of Strategic Holiness. It's entitled: The Doctrines of Strategic Components of Holiness. In this Volume: Misconceptions concerning Holiness are explained, The Doctrine of Strategic Components of Holiness is examined, Satan's Deadly Strategic Doctrines (against Holiness) are briefly examined, The Doctrine of Strategic Components of Inner Holiness is stated, 20 Strategic Components of Inner Holiness are examined, The Doctrine of Strategic Components of Outer Holiness is stated, 40 Strategic Components of Outer Holiness are examined, and 60 Holiness Tests are stated. The Goal of this book is to prepare you for Heaven (Hebrews 12:14(b)). In this respect, our prayer is that after having studied it you shall repent and forsake unrighteousness and un-holiness and shall begin to serve Our Lord and Savior Jesus Christ wholeheartedly in Righteousness and "Holiness without which no man shall see The Lord" (Hebrews 12:14(b)).
This volume covers invited papers presented during the La Rábida 2015 International Scientific Meeting on Nuclear Physics, which can be considered heir of a well known series of triennial international summer schools on Nuclear Physics organized from 1982 till 2003 by the Basic Nuclear Physics group in the University of Sevilla. The La Rábida 2015 meeting offered to graduate students and young researchers a broad view of the field of Nuclear Physics. The first invited speaker presented the state-of-the-art of Relativistic Mean Field calculations. The second set of notes covers selected topics in gamma ray spectroscopy with exotic nuclei. The third speaker presented an introduction to the subject of severe accidents in nuclear power plants. In the fourth set of notes, the author illustrated how to use laser spectroscopy to determine very important observables of atomic nuclei. The fifth speaker devoted its notes to explain several aspects of neutrino physics. Finally, the sixth speaker presented an overview of nuclear medicine and radiodiagnostic. In addition to this, the inclusion of the posters and seminars presented by the students gives a fresh and ample perspective on the many different problems of interest nowadays for the Nuclear Physics community.
What do repair and reparation tell us about human beings? They speak to our (natural) vulnerability, our (moral) fallibility, and our (social) incompleteness, but also about the many capabilities we draw upon to mitigate these shortcomings. It is from the heart of human finitude that repair and reparation draw meaning.
This book deals with all the cases that came before the Permanent Court of International Justice (PCIJ) from 1922 to 1946, as well as those that were heard by its successor, the International Court of Justice (ICJ) from 1946 to 2020 in which interim measures of protection were either indicated or refused. The monograph shows how cases in which injunctive relief was sought were handled and how the PCIJ and the ICJ have undergone certain reforms over the years. The new approach taken by the author is to present all the matters brought before both the PCIJ and ICJ in full and to present the new requirements on the part of the ICJ that have been formulated in recent years. The book is aimed at law students, lecturers and those working in the field of international law. Ewa Sałkiewicz-Munnerlyn was a Polish diplomat working for the Ministry of Foreign Affairs from 1991 to 2018. She was appointed charge d’affaires at the Polish Embassy to the Holy See from 1993-1994, after which she served as the Polish consul at the Consular Division of the Polish Embassy in Washington D.C. from 1995-1999. She then held the position of Human Rights Officer of the OSCE in Macedonia (Skopje and Ohrid) and Bosnia and Hercegovina (Pale in Republika Srbska) from 2001-2005 and has also several times worked as a short-term observer of the OSCE during parliamentary and presidential elections in Ukraine, Russia, Moldova and Belarus. She attained a Ph.D. at the Jagiellonian University in Krakow, Poland and a post-graduate diploma at the Institut des Hautes Etudes Internationales in Geneva, Switzerland.
Moral Repair examines the ethics and moral psychology of responses to wrongdoing. Explaining the emotional bonds and normative expectations that keep human beings responsive to moral standards and responsible to each other, Margaret Urban Walker uses realistic examples of both personal betrayal and political violence to analyze how moral bonds are damaged by serious wrongs and what must be done to repair the damage. Focusing on victims of wrong, their right to validation, and their sense of justice, Walker presents a unified and detailed philosophical account of hope, trust, resentment, forgiveness, and making amends - the emotions and practices that sustain moral relations. Moral Repair joins a multidisciplinary literature concerned with transitional and restorative justice, reparations, and restoring individual dignity and mutual trust in the wake of serious wrongs.
The irreparable injury rule says that courts will not grant an equitable remedy to prevent harm if it would be adequate to let the harm happen and grant the legal remedy of money damages. After surveying more than 1400 cases, Laycock concludes that this ancient rule is dead--that it almost never affects the results of cases. When a court denies equitable relief, its real reasons are derived from the interests of defendants or the legal system, and not from the adequacy of the plaintiff's legal remedy. Laycock seeks to complete the assimilation of equity, showing that the law-equity distinction survives only as a proxy for other, more functional distinctions. Analyzing the real rules for choosing remedies in terms of these functional distinctions, he clarifies the entire law of remedies, from grand theory down to the practical details of specific cases. He shows that there is no positive law support for the most important applications of the legal-economic theory of efficient breach of contract. Included are extensive notes and a detailed table of cases arranged by jurisdiction.
