Judicial Discretion And The Disappearing Distinction Between Will Interpretation And Construction

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The Allocation of Power between Arbitral Tribunals and State Courts

Author : Alan Scott Rau
Publisher : BRILL
ISBN 13 : 9004388923
Total Pages : 608 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Allocation of Power between Arbitral Tribunals and State Courts by : Alan Scott Rau

Download or read book The Allocation of Power between Arbitral Tribunals and State Courts written by Alan Scott Rau and published by BRILL. This book was released on 2019-03-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ultimate question that runs through all of our law of arbitration is the allocation of responsibility between state courts and arbitral tribunals : If private tribunals assume the power to bind others in a definitive fashion, we must ask, where does this authority come from ? Fundamentally different in this respect from a state judge, a private arbitrator may only derive his legitimacy from that exercise of private ordering and self-government which characterizes any voluntary commercial transaction. This work begins then with the dimensions of that “consent” which alone can justify arbitral jurisdiction. The discussion is then carried forward to explore how party autonomy in the contracting process may be expanded, giving rise to the voluntary reallocation of authority between courts and arbitrators. It concludes with the necessary inquiry into the autonomy with respect to the “chosen law” that will govern the agreement to arbitrate itself.

Late Essays

Author : J. M. Coetzee
Publisher : Penguin
ISBN 13 : 0735223939
Total Pages : 257 pages
Book Rating : 4.7/5 (352 download)

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Book Synopsis Late Essays by : J. M. Coetzee

Download or read book Late Essays written by J. M. Coetzee and published by Penguin. This book was released on 2018-01-02 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new collection of twenty-three literary essays from the Nobel Prize–winning author. J. M. Coetzee’s latest novel, The Schooldays of Jesus, is now available from Viking. J. M. Coetzee is not only one of the most acclaimed fiction writers in the world, he is also an accomplished and insightful literary critic. In Late Essays: 2006–2016, a thought-provoking collection of twenty-three pieces, he examines the work of some of the world’s greatest writers, from Daniel Defoe in the early eighteenth century to Goethe and Irène Némirovsky to Coetzee’s contemporary Philip Roth. Challenging yet accessible, literary master Coetzee writes these essays with great clarity and precision, offering readers an illuminating and wise analysis of a remarkable list of works of international literature that span three centuries.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Law of Succession in the 21st Century

Author :
Publisher :
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis The Law of Succession in the 21st Century by :

Download or read book The Law of Succession in the 21st Century written by and published by . This book was released on 2008 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Fundamentals of Trusts and Estates

Author : Roger W. Andersen
Publisher : LexisNexis/Matthew Bender
ISBN 13 :
Total Pages : 818 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Fundamentals of Trusts and Estates by : Roger W. Andersen

Download or read book Fundamentals of Trusts and Estates written by Roger W. Andersen and published by LexisNexis/Matthew Bender. This book was released on 2007 with total page 818 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Making the Law Explicit

Author : Matthias Klatt
Publisher : Bloomsbury Publishing
ISBN 13 : 1847314562
Total Pages : 320 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Making the Law Explicit by : Matthias Klatt

Download or read book Making the Law Explicit written by Matthias Klatt and published by Bloomsbury Publishing. This book was released on 2008-09-08 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal argumentation consists in the interpretation of texts. Therefore, it has a natural connection to the philosophy of language. Central issues of this connection, however, lack a clear answer. For instance, how much freedom do judges have in applying the law? How are the literal and the purposive approaches related to one another? How can we distinguish between applying the law and making the law? This book provides answers by means of a complex and detailed theory of literal meaning. A new legal method is introduced, namely the further development of the law. It is so far unknown in Anglo-American jurisprudence, but it is shown that this new method helps in solving some of the most crucial puzzles in jurisprudence. At its centre the book addresses legal indeterminism and refutes linguistic-philosophical reasons for indeterminacy. It spells out the normative character of interpretation as emphasized by Raz and, with the help of Robert Brandom's normative pragmatics, it is shown that the relativism of interpretation from a normative perspective does not at all justify scepticism. On the contrary, it supports the claim that legal argumentation can be objective, and maintains that statements on the meaning of a statute can be right or wrong, and take on inter-subjective validity accordingly. This book breaks new ground in transferring Brandom's philosophy to legal theoretical problems and presents an original and exciting analysis of the semantic argument in legal argumentation. It was the recipient of the European Award for Legal Theory in 2002. 'This book represents, on the one hand, a reception of Robert Brandom's important theory including applications of this theory in the field of legal philosophy and, on the other, an exploration of the limits of an appeal in legal interpretation to the text. The enquiry thereby impinges upon the central juridico-philosophical themes of meaning, objectivity, and normativity. The author's work counts as a significant contribution to analytical jurisprudence and is deserving of a wide readership.' Robert Alexy, Professor for Public Law and Legal Philosophy, Kiel. 'Klatt focuses on a very profound theory of concept formation and uses this theory in a creative way to solve classical problems of legal argumentation.' Aleksander Peczenik

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1722 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Reading Law

Author : Antonin Scalia
Publisher : West Publishing Company
ISBN 13 : 9780314275554
Total Pages : 0 pages
Book Rating : 4.2/5 (755 download)

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Book Synopsis Reading Law by : Antonin Scalia

Download or read book Reading Law written by Antonin Scalia and published by West Publishing Company. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Wills, Trusts, and Estates

Author : Jesse Dukeminier
Publisher :
ISBN 13 :
Total Pages : 1082 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Wills, Trusts, and Estates by : Jesse Dukeminier

Download or read book Wills, Trusts, and Estates written by Jesse Dukeminier and published by . This book was released on 2009 with total page 1082 pages. Available in PDF, EPUB and Kindle. Book excerpt: Retaining the late Jesse Dukeminier's signature blend of wit, erudition, insight, and playfulness, Wills, Trusts, and Estates, now in its Eighth Edition, continues to offer interesting cases, well written notes, and a logical organization. The Eight Edition's new Companion Website, available with adoptions, includes an electronic version of the Teacher's Manual, PowerPoint slides on selected topics, and author updates. A stellar example of a great casebook, Wills, Trusts, and Estates features: eminently clear presentation of topics comprehensive substantive coverage inspired case selection engaging notes, questions, and problems that connect and highlight legal themes and principles humorous and illustrative cartoons, art, photographs, and other images a detailed Teacher's Manual that answers every question and problem posed in the casebook and includes comments on material cited in the text, analyses, comments, syllabus notes, and teaching suggestions With many new and revised notes, questions, and problems, the carefully updated Eighth Edition explores: New developments in law reform by the ALI and NCCUSL, such as: the 2008 Amendments to the Uniform Probate Code, including validation of notarized wills, reformation of wills for mistake, and a reworking of the spousal share the Uniform Power of Attorney Act further progress in the Restatement (Third) of Trusts and Restatement (Third) of Property Ongoing developments in the law, in such areas as: inheritance rights for same-sex partners the posthumous right of publicity the power of an agent to alter an incompetent principal's estate plan liberalized rules of trust modification and termination, and of trustee removal standing for donors in suits against the trustees of charitable trusts perpetual trusts and self-settled asset protection trusts Increasingly important topics such as: the movement to cure will execution defects and reform mistakes in wills fiduciary administration and trust investment law will contests, particularly the law of capacity and insane delusion Co-authors Robert Sitkoff and James Lindgren took great care to preserve the voice and spirit of Jesse Dukeminier, while fulfilling the trust and expectation among users for timely and relevant coverage, cases, and note material. *Teacher's Manuals are a professional courtesy offered to professors only. For more information or to request a copy, please contact Aspen Publishers at 800-950-5259 or [email protected].

Regulation Versus Litigation

Author : Daniel P. Kessler
Publisher : University of Chicago Press
ISBN 13 : 0226432181
Total Pages : 344 pages
Book Rating : 4.2/5 (264 download)

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Book Synopsis Regulation Versus Litigation by : Daniel P. Kessler

Download or read book Regulation Versus Litigation written by Daniel P. Kessler and published by University of Chicago Press. This book was released on 2011-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The efficacy of various political institutions is the subject of intense debate between proponents of broad legislative standards enforced through litigation and those who prefer regulation by administrative agencies. This book explores the trade-offs between litigation and regulation, the circumstances in which one approach may outperform the other, and the principles that affect the choice between addressing particular economic activities with one system or the other. Combining theoretical analysis with empirical investigation in a range of industries, including public health, financial markets, medical care, and workplace safety, Regulation versus Litigation sheds light on the costs and benefits of two important instruments of economic policy.

International Investment Law and Legal Theory

Author : Jörg Kammerhofer
Publisher : Cambridge University Press
ISBN 13 : 1108839177
Total Pages : 391 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer

Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.

Some Reflections on the Reading of Statutes

Author : Felix Frankfurter
Publisher :
ISBN 13 :
Total Pages : 40 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Some Reflections on the Reading of Statutes by : Felix Frankfurter

Download or read book Some Reflections on the Reading of Statutes written by Felix Frankfurter and published by . This book was released on 1947 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Pacific Reporter

Author :
Publisher :
ISBN 13 :
Total Pages : 1114 pages
Book Rating : 4.:/5 (35 download)

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Book Synopsis The Pacific Reporter by :

Download or read book The Pacific Reporter written by and published by . This book was released on 1919 with total page 1114 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Theories of Vagueness

Author : Rosanna Keefe
Publisher : Cambridge University Press
ISBN 13 : 0521650674
Total Pages : 249 pages
Book Rating : 4.5/5 (216 download)

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Book Synopsis Theories of Vagueness by : Rosanna Keefe

Download or read book Theories of Vagueness written by Rosanna Keefe and published by Cambridge University Press. This book was released on 2000-09-28 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful comparative study of the main theories of vagueness, first published in 2000.

Index to Legal Periodicals & Books

Author :
Publisher :
ISBN 13 :
Total Pages : 2312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index to Legal Periodicals & Books by :

Download or read book Index to Legal Periodicals & Books written by and published by . This book was released on 2006 with total page 2312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Commentaries on the Constitution of the United States

Author : Joseph Story
Publisher :
ISBN 13 :
Total Pages : 790 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Commentaries on the Constitution of the United States by : Joseph Story

Download or read book Commentaries on the Constitution of the United States written by Joseph Story and published by . This book was released on 1833 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Contract Formation

Author : Michael Furmston
Publisher : Oxford University Press, USA
ISBN 13 : 0199284245
Total Pages : 477 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Contract Formation by : Michael Furmston

Download or read book Contract Formation written by Michael Furmston and published by Oxford University Press, USA. This book was released on 2010-03-25 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a practical analysis of the legal principles which govern the formation of contracts in English law (with additional authorities from the Commonwealth), this work on contract formation offers those involved in litigation and in drafting contracts a guide to the application of those principles in practice.