The first year or two of rural practice has been financially fraught for lawyers in the Rural Attorney Recruitment Program, but earnings have steadily increased for most lawyers. This chapter considers the financial position of the lawyers, looking at hourly rates, salary, benefits, government pay, and pay structure. It also considers the importance of the stipend and how lawyers used the stipend, concluding that the stipend was crucial for most lawyers.

Over the years, the economic relationship between China and African states has continued to grow and this is evident in the volume of Chinese investments in Africa. In the wake of these investments, China and African states have signed bilateral investment treaties (BITs), which aim to promote the development of host states and protect foreign investments from one contracting state in the territory of the other contracting state, thereby stimulating foreign investments by reducing political risk. BITs are unique in character in that they provide substantive protections to foreign investors and a basis for claims by an individual or company against a host state on grounds that such substantive protections have been breached by the host state. To avoid the need to turn to the national courts in the host state for a judicial remedy, BITs usually contain an arbitration clause submitting disputes to a neutral arbitration tribunal. This case study demonstrates one such instance where, in a first-of-its-kind case, a Chinese investor sued Nigeria, an African host state, for breach of its treaty obligations under the China-Nigeria BIT 2001, and throws light on how BITs can be used in the protection of Chinese outbound investments, including in Africa.

This chapter is an introduction to flow cytometry aimed at newcomers in the field but also intended as a refresher for seasoned flow cytometrists confronted with unexpected data related to physical interferences, compensation problems, autofluorescence or aiming at harmonising instruments. It also provides counsel on panel building, sample handling and data display, fundamental points to consider in setting up new protocols.

This chapter reviews theories of cognitive aging, considering how those classic theories intersect with those informed by cognitive neuroscience methods. The chapter also reviews cognitive neuroscience methods, reviewing methods to study the structural integrity of the brain as well as those used to investigate brain function or the ways in which multiple measures can be combined. The chapter ends with discussion of recent methodological advances, including multivariate analysis methods and the study of beta-amyloid and tau.

Compensation was paid to river interests adversely affected, including some waterfront labourers, the State became owner of the Legal Quays until the 1830s, the Corporation built a canal across the Isle of Dogs, and a new London Bridge eventually replaced the Old. All this depended to some degree on State support; in the case of compensation payments, a Treasury loan was repaid by a tax on shipping. River port prosperity was largely unaffected by the introduction of docks, although their warehousing privileges deprived waterfront wharves of potential business. Coastal and low-duty European imports continued, boosted by the introduction of steamship services. Vessels carrying coal, grain, timber and provisions competed with passenger steamers and river traffic for water space, leading to conflict between users and with the Corporation as Harbour Authority.

Chapter 8 focuses on the imperial state level to examine the legal and political logic informing the final adjudication of the case in 1799, a decision that constituted a shift in the decisions the Council of the Indies and colonial tribunals had been taking in the 1780s. The chapter examines the political reasons related to mining utility and security that informed the shift and the juridical basis imperial jurists used to ground the case’s outcome. Ultimately, the Bourbon Crown ruled in favor of the cobreros but attached caveats related to Indian law to their collective freedom. The chapter ventures into the immediate aftermath of the Freedom Edict of 1800 to examine the challenges that emerged in the colony regarding the actualization of the decreed emancipation. It also interrogates the possibility of compensation or reparations to the cobreros for their wrongful enslavement.

Although the 13 United States courts of appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics but also to many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each court of appeals. In-depth interviews of the chief judges of all 13 circuits and surveys of all clerks of court reveal previously undisclosed practices and customs.

This chapter discusses the general principles relating to the assessment of compensation for loss resulting from a civil wrong. Since courts and legislatures often lay down legal rules for a particular area of law, the assessment of compensation differs between areas. This is why Part 2 contains separate chapters for contract, tort, the Australian Consumer Law and equity. However, there are several commonalities between the areas, in particular, contract and tort. This chapter discusses the rules that are common to at least contract and tort. Most of them also apply in equity and under the Australian Consumer Law. Deviations from those rules in equity or under the Australian Consumer Law are discussed in the relevant chapters. This chapter also provides a brief introduction to those matters that differ between contract and tort. Comprehensive treatment is given to the date of assessment; even though there are significant differences between the causes of actions, there has been considerable convergence.

The Australian Consumer Law (‘ACL’) is the national consumer law and applies across Australia. It came into force on 1 January 2011. At the same time, the Trade Practices Act 1974 (Cth) changed its name to the Competition and Consumer Act 2010 (Cth). Schedule 2 of that Act now contains the ACL. The ACL replaced a number of consumer protection provisions in federal, state and territory laws. It was enacted with the cooperation of the federal, state and territory governments. This cooperation was necessary since the Commonwealth lacks the power to comprehensively legislate on consumer law.

The ACL applies as a federal law, or as a law of the relevant state or territory, or both. It is not necessary here to go into all the details of the demarcation since the same body of law generally applies. Broadly, the ACL applies as a law of the Commonwealth to the conduct of corporations and certain natural persons, and applies as a law of a state or territory to the conduct of corporate and natural persons with a connection to the relevant jurisdiction. The application of the ACL as a federal law and the application of the ACL as a state or territory law are not mutually exclusive (where there is no conflict).

This chapter discusses the account of profits, disgorgement, and other forms of gain-based relief. It will consider the difference between compensation, restitution and disgorgement. It will then consider the account of profits, and the operation of bars to relief and other limiting factors.

The primary rationales of the account of profits have been identified as deterrence and prophylaxis (that is, preventing a defendant from gaining from wrongdoing). Deterrence looks not to the dispute in question, but to the future conduct of the specific defendant (specific deterrence) and the future conduct of other potential defendants (general deterrence). By stripping the defendant of her gain (or part of her gain), the defendant (and other potential defendants) will be deterred from engaging in similar conduct in the future. It is argued that the remedies discussed in this chapter have a deterrent flavour.

The law of civil remedies has frequently been described as a ‘capstone’ private law subject. In other words, it is the culmination of a student’s knowledge of private law, and it is intended to assist all the disparate strands from previously studied private law subjects to come together.

It is for this reason that we will take a generally ‘functional’ approach to the organisation of this book, grouping remedies from across different areas according to the broad functions they perform so that parallels and contrasts can be made.

A contract may be breached by one party (the defendant) through defective performance, delayed performance, or a total failure to perform. If the contract breached is enforceable at common law, the innocent party (the plaintiff) can generally claim common law damages for any loss suffered as a result of the breach. The assessment of such damages and the attribution of responsibility for such loss are generally governed by the rules discussed in Chs 2 to 4 for civil wrongs in general. Specific rules for breach of contract are discussed in this chapter: the assessment of damages and the attribution of responsibility.

The victim of a tort can generally claim compensatory damages for any loss suffered as a result of the tort. The assessment of such damages and the attribution of responsibility for such loss are generally governed by the rules discussed in Chs 2 to 4 for civil wrongs in general. Specific rules for tort are discussed in this chapter: the assessment of damages and the attribution of responsibility. The assessment of compensatory damages for personal injury, which are usually claimed in tort, is discussed.

In this chapter, we consider exemplary damages and aggravated damages, remedies with a strong vindicatory flavour, as recognised by the High Court of Australia in Lewis v Australian Capital Territory.

Exemplary damages vindicate the plaintiff’s interests, but also explicitly punish the defendant for the wrong in question. Punishment is not commonly recognised as a central aim of private law. Some commentators have argued that it should not be part of private law. However, exemplary damages are said to validate the plaintiff’s feelings of hurt and anger arising from the contumelious nature of the defendant’s wrong. Such damages also perform a vindicatory function. The fact that the law punishes a defendant for the manner of his interference with the plaintiff’s interests signals the importance of those interests.