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Matters Of Discretion
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Book Synopsis Matters of Discretion by : I.K. Gujral
Download or read book Matters of Discretion written by I.K. Gujral and published by Hay House, Inc. This book was released on 2011-02-01 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever autobiography written by an Indian prime minister. Only once in a lifetime comes a book that simply must be read! An absorbing, authentic and definitive account, by a former prime minister, of crucial events that had a significant impact on the nation’s destiny after independence. I K Gujral has penned his life story in a forthright and candid manner. He entered the political fray as a freedom fighter in the British era, and after the tumultuous events that rocked the Indian subcontinent in the wake of the partition in August 1947, crossed over from Pakistan to India, where he had to begin life from scratch. Despite facing tremendous odds, on the basis of his perseverance, resilience and never-say-die attitude, Gujral’s achievements allowed him to witness and shape India’s contemporary history. Gujral joined Congress Party and was first elected to the Rajya Sabha in 1964. He was the Information and Broadcasting Minister when emergency was imposed, which entailed arbitrary press censorship. Since he refused to bow down to the de facto powers, he was unceremoniously replaced and later sent by Indira Gandhi as India’s ambassador to the USSR, a post he handled with commendable tact and finesse. After his stint in Moscow, he returned to India and re-entered the ‘political whirlpool’ by joining the Janata Dal. He became minister for external affairs under V P Singh (1989) and Deve Gowda (1996). Gujral reached the pinnacle of his career when he became the prime minister on 1997. During his priministership, despite the exigencies and pressures of running a coalition government, he endeavoured to achieve progress in many spheres. The Gujral Doctrine (a set of five principles to guide the conduct of foreign relations with India’s immediate neighbours) was widely acclaimed in both India and the West. This volume, a valuable addition to the literature on contemporary history, provides a deep insight into the political scene as it unfolded after independence and delineates the roles played by a wide spectrum of politicians, bureaucrats, and many others.
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)
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.
Book Synopsis Beyond Deportation by : Shoba Sivaprasad Wadhia
Download or read book Beyond Deportation written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2015-06-02 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.
Book Synopsis Due Process as a Limit to Discretion in International Commercial Arbitration by : Franco Ferrari
Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.
Download or read book Discretion written by Allison Leotta and published by Simon and Schuster. This book was released on 2012-07-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investigating the falling death of a high-paid escort at the U.S. Capitol building, Assistant U.S. Attorney Anna Curtis teams up with brash FBI Special Agent Samantha Randazzo to examine clues implicating a powerful elected official.
Book Synopsis United States Attorneys' Manual by : United States. Department of Justice
Download or read book United States Attorneys' Manual written by United States. Department of Justice and published by . This book was released on 1985 with total page 720 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Discretion in the Welfare State by : Anders Molander
Download or read book Discretion in the Welfare State written by Anders Molander and published by Taylor & Francis. This book was released on 2016-09-13 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. It adds an epistemic dimension to the structural understanding of discretion, distinguishing between structural and epistemic measures of accountability.
Book Synopsis The Uses of Discretion by : Keith Hawkins
Download or read book The Uses of Discretion written by Keith Hawkins and published by Oxford University Press on Demand. This book was released on 1994 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.
Book Synopsis Targeting Discretion Model by : Casey LaFrance
Download or read book Targeting Discretion Model written by Casey LaFrance and published by . This book was released on 2016-05-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of police discretion has long intrigued members of the academic community and law-enforcement practitioners. This scholarly yet practical study is an attempt to create conversations between these two groups. It presents a model designed to link theory and practice in order to advance collective understanding of the factors that contribute to discretionary decision making.
Book Synopsis A Matter of Interpretation by : Antonin Scalia
Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—“distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.
Book Synopsis Immigration Outside the Law by : Hiroshi Motomura
Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press, USA. This book was released on 2014-05 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A 1975 state-wide law in Texas made it legal for school districts to bar students from public schools if they were in the country illegally, thus making it extremely difficult or even possible for scores of children to receive an education. The resulting landmark Supreme Court case, Plyler v. Doe (1982), established the constitutional right of children to attend public elementary and secondary schools regardless of legal status and changed how the nation approached the conversation about immigration outside the law. Today, as the United States takes steps towards immigration policy reform, Americans are subjected to polarized debates on what the country should do with its "illegal" or "undocumented" population. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura takes a neutral, legally-accurate approach in his attention and responses to the questions surrounding those whom he calls "unauthorized migrants." In a reasoned and careful discussion, he seeks to explain why unlawful immigration is such a contentious debate in the United States and to offer suggestions for what should be done about it. He looks at ways in which unauthorized immigrants are becoming part of American society and why it is critical to pave the way for this integration. In the final section of the book, Motomura focuses on practical and politically viable solutions to the problem in three public policy areas: international economic development, domestic economic policy, and educational policy. Amidst the extreme opinions voiced daily in the media, Motomura explains the complicated topic of immigration outside the law in an understandable and refreshingly objective way for students and scholars studying immigration law, policy-makers looking for informed opinions, and any American developing an opinion on this contentious issue"--
Book Synopsis Handled with Discretion by : John Kleinig
Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.
Book Synopsis Administrative Ethics and Executive Decisions by : Chad B. Newswander
Download or read book Administrative Ethics and Executive Decisions written by Chad B. Newswander and published by Routledge. This book was released on 2017-10-02 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: As first responders to public problems, administrators must survey situations, identify solutions, and occasionally make executive decisions that are binding upon the government as a whole. The ability for administrators to assert claims that orient the government in a particular direction is not only powerful, but it can also be problematic and even dangerous. For administrators, the tension between moving in a spirited way, and remaining sensible, is a problem of how to exercise one’s discretion, especially in the U.S. context, which demands that both be considered and actualized. In dealing with these competing expectations, Chad B. Newswander analyzes how administrators can incorporate executive, legislative, and judicial tendencies to help them handle the problem of discretion. Expanding the thinking of the constitutional school of public administration thought, Administrative Ethics and Executive Decisions is a theoretically grounded and empirically rich study of how administrators incorporate a constitutional ethos to handle the problem of discretion.
Download or read book Asylum Matters written by Laura Affolter and published by Springer Nature. This book was released on 2020-11-30 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book examines everyday practices in an asylum administration. Asylum decisions are often criticised as being ‘subjective’ or ‘arbitrary’. Asylum Matters turns this claim on its head. Through the ethnographic study of asylum decision-making in the Swiss Secretariat for Migration, the book shows how regularities in administrative practice and ‘socialised subjectivity’ are produced. It argues that asylum caseworkers acquire an institutional habitus through their socialisation on the job, making them ‘carriers’ of routine practices. The different chapters of the book deal with what it means to methodologically study administrative practice: with how asylum proceedings work in Switzerland and with the role different types of knowledge play in overcoming the uncertainties inherent in refugee status and credibility determination. It sheds light on organisational socialisation processes and on the professional norms and values at the heart of administrative work. By doing so, it shows how disbelief becomes normalised in the office. This book speaks to legal scholars, sociologists, anthropologists, human geographers and political scientists interested in bureaucracy, asylum law, migration studies and socio-legal studies, and to NGOs working in the field of asylum.
Book Synopsis The German Federal Constitutional Court by : Matthias Jestaedt
Download or read book The German Federal Constitutional Court written by Matthias Jestaedt and published by Oxford University Press. This book was released on 2020-03-05 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: This translation into English of the leading German-language work on the Federal Constitutional Court gives an overview of the court's history and role as one of the most influential constitutional courts in recent years. The book consists of four extended, free-standing essays written by each of the authors. The essays cover the historical development and political context of the Court; the Court and the constitution; the Court's approach to judicial reasoning; and the Court in contemporary constitutional theory.
Book Synopsis Judicial Discretion by : J. Eric Smithburn
Download or read book Judicial Discretion written by J. Eric Smithburn and published by . This book was released on 1991 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis International Commercial Arbitration by : Franco Ferrari
Download or read book International Commercial Arbitration written by Franco Ferrari and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: This indispensable book offers a concise comparative introduction to international commercial arbitration (ICA). With reference to recent case law from leading jurisdictions and up-to-date rules revisions, International Commercial Arbitration offers a thorough overview of the issues raised in arbitration, from the time of drafting of the arbitration clause to the rendering of the arbitral award and the post-award stage.
