The Confluence of Public and Private International Law

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Publisher : Cambridge University Press
ISBN 13 : 1139479733
Total Pages : 463 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Confluence of Public and Private International Law by : Alex Mills

Download or read book The Confluence of Public and Private International Law written by Alex Mills and published by Cambridge University Press. This book was released on 2009-07-02 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sharp distinction is usually drawn between public international law, concerned with the rights and obligations of states with respect to other states and individuals, and private international law, concerned with issues of jurisdiction, applicable law and the recognition and enforcement of foreign judgments in international private law disputes before national courts. Through the adoption of an international systemic perspective, Dr Alex Mills challenges this distinction by exploring the ways in which norms of public international law shape and are given effect through private international law. Based on an analysis of the history of private international law, its role in US, EU, Australian and Canadian federal constitutional law, and its relationship with international constitutional law, he rejects its conventional characterisation as purely national law. He argues instead that private international law effects an international ordering of regulatory authority in private law, structured by international principles of justice, pluralism and subsidiarity.

Free Justice

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Publisher : UNC Press Books
ISBN 13 : 1469656035
Total Pages : 287 pages
Book Rating : 4.4/5 (696 download)

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Book Synopsis Free Justice by : Sara Mayeux

Download or read book Free Justice written by Sara Mayeux and published by UNC Press Books. This book was released on 2020-04-28 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every day, in courtrooms around the United States, thousands of criminal defendants are represented by public defenders--lawyers provided by the government for those who cannot afford private counsel. Though often taken for granted, the modern American public defender has a surprisingly contentious history--one that offers insights not only about the "carceral state," but also about the contours and compromises of twentieth-century liberalism. First gaining appeal amidst the Progressive Era fervor for court reform, the public defender idea was swiftly quashed by elite corporate lawyers who believed the legal profession should remain independent from the state. Public defenders took hold in some localities but not yet as a nationwide standard. By the 1960s, views had shifted. Gideon v. Wainwright enshrined the right to counsel into law and the legal profession mobilized to expand the ranks of public defenders nationwide. Yet within a few years, lawyers had already diagnosed a "crisis" of underfunded, overworked defenders providing inadequate representation--a crisis that persists today. This book shows how these conditions, often attributed to recent fiscal emergencies, have deep roots, and it chronicles the intertwined histories of constitutional doctrine, big philanthropy, professional in-fighting, and Cold War culture that made public defenders ubiquitous but embattled figures in American courtrooms.

Courts, Politics and Constitutional Law

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Publisher : Routledge
ISBN 13 : 1000707970
Total Pages : 189 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov

Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

Law and Economics

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Publisher : West Academic Publishing
ISBN 13 : 9781628102154
Total Pages : 1177 pages
Book Rating : 4.1/5 (21 download)

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Book Synopsis Law and Economics by : MAXWELL. ZYWICKI STEARNS (TODD. MICELI, THOMAS.)

Download or read book Law and Economics written by MAXWELL. ZYWICKI STEARNS (TODD. MICELI, THOMAS.) and published by West Academic Publishing. This book was released on 2018-07-27 with total page 1177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This accessible volume integrates wide-ranging economic methodologies with a vast array of legal subjects. Coverage includes the first-year law school curriculum along with institutions and doctrines comprising the core foundation of upper level legal study. Dedicated chapters introduce neoclassical economics, interest group theory, social choice, and game theory, and the book intersperses alternative methodological insights. The analysis synthesizes these methodologies with modern and classic case law, other legal materials, and policy discussions inspired by current events. Ideal for a law school seminar or capstone course, this unique volume is also perfectly suited for business school courses on legal methods and public policy. Professors will find a rich array of materials adaptable to varying pedagogical styles and substantive areas of emphasis. Students exploring these materials will emerge with a deeper understanding of law and economics and a greater appreciation of our lawmaking institutions.

United States Attorneys' Manual

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Publisher :
ISBN 13 :
Total Pages : 720 pages
Book Rating : 4.3/5 ( download)

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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:

The Color of Law: A Forgotten History of How Our Government Segregated America

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Publisher : Liveright Publishing
ISBN 13 : 1631492861
Total Pages : 243 pages
Book Rating : 4.6/5 (314 download)

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Book Synopsis The Color of Law: A Forgotten History of How Our Government Segregated America by : Richard Rothstein

Download or read book The Color of Law: A Forgotten History of How Our Government Segregated America written by Richard Rothstein and published by Liveright Publishing. This book was released on 2017-05-02 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.

The Enterprise of Law

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Publisher :
ISBN 13 : 9781598130447
Total Pages : 0 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis The Enterprise of Law by : Bruce L. Benson

Download or read book The Enterprise of Law written by Bruce L. Benson and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the minds of many, the provision of justice and security has long been linked to the state. To ask whether non-state institutions could deliver those services on their own, without the aid of coercive taxation and a monopoly franchise, runs the risk of being branded as naive anarchism or dangerous radicalism. Defenders of the state's monopoly on lawmaking and law enforcement typically assume that any alternative arrangement would favor the rich at the expense of the poor--or would lead to the collapse of social order and ignite a war. Questioning how well these beliefs hold up to scrutiny, this book offers a powerful rebuttal of the received view of the relationship between law and government. The book argues not only that the state is unnecessary for the establishment and enforcement of law, but also that non-state institutions would fight crime, resolve disputes, and render justice more effectively than the state, based on their stronger incentives.

Model Rules of Professional Conduct

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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.

Overview of the Privacy Act of 1974

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Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Overview of the Privacy Act of 1974 by : United States. Department of Justice. Privacy and Civil Liberties Office

Download or read book Overview of the Privacy Act of 1974 written by United States. Department of Justice. Privacy and Civil Liberties Office and published by . This book was released on 2010 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.

Privatising Justice

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Publisher : Pluto Press (UK)
ISBN 13 : 9780745399256
Total Pages : 0 pages
Book Rating : 4.3/5 (992 download)

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Book Synopsis Privatising Justice by : Wendy Fitzgibbon

Download or read book Privatising Justice written by Wendy Fitzgibbon and published by Pluto Press (UK). This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful petition against the privatisation of the criminal justice system.

Public and Private Justice

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Author :
Publisher : Intersentia Uitgevers N V
ISBN 13 : 9789050956833
Total Pages : 230 pages
Book Rating : 4.9/5 (568 download)

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Book Synopsis Public and Private Justice by : Alan Uzelac

Download or read book Public and Private Justice written by Alan Uzelac and published by Intersentia Uitgevers N V. This book was released on 2007 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present book brings together views and ideas regarding dispute resolution in modern societies from some old, some new and some future Member States of the European Union. The underlying assumption of the book is that both types of dispute resolution mechanisms û public justice and private justice û collaborate and contribute to the same goal, i.e. the establishment of a fair and effective justice system.

Securing Reasonable Caseloads

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Publisher :
ISBN 13 : 9780615543765
Total Pages : 292 pages
Book Rating : 4.5/5 (437 download)

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Book Synopsis Securing Reasonable Caseloads by : Norman Lefstein

Download or read book Securing Reasonable Caseloads written by Norman Lefstein and published by . This book was released on 2011 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: For the criminal justice system to work, adequate resources must be available for police, prosecutors and public defense. This timely, incisive and important book by Professor Norman Lefstein looks carefully at one leg of the justice system's "three-legged stool"public defenseand the chronic overload of cases faced by public defenders and other lawyers who represent the indigent. Fortunately, the publication does far more than bemoan the current lack of adequate funding, staffing and other difficulties faced by public defense systems in the U.S. and offers concrete suggestions for dealing with these serious issues.

ABA Standards for Criminal Justice

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Publisher :
ISBN 13 : 9781570737138
Total Pages : 151 pages
Book Rating : 4.7/5 (371 download)

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Book Synopsis ABA Standards for Criminal Justice by : American Bar Association

Download or read book ABA Standards for Criminal Justice written by American Bar Association and published by . This book was released on 1999-01-01 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Project of the American Bar Association, Criminal Justice Standards Committee, Criminal Justice Section"--T.p. verso.

Justice in Private Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509953906
Total Pages : 197 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Justice in Private Law by : Peter Jaffey

Download or read book Justice in Private Law written by Peter Jaffey and published by Bloomsbury Publishing. This book was released on 2023-08-24 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the dominant corrective justice and distributive justice approaches to private law and identifies their strengths and weaknesses. It goes on to propose a general approach to private law, including contract, tort and private property, and explains how it can provide solutions to some longstanding problems. Two general ideas inform this approach: the 'standpoint limitation' and 'remedial consistency'. The standpoint limitation explains the distinctive character of private law, that is to say why it is focussed mainly, though not exclusively, on particular individual interests rather than the common welfare. Remedial consistency explains the way in which remedies depend on and give effect to primary rights. The book also discusses the nature of common law legal reasoning and its relationship to the suggested understanding of private law.

Private Justice

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Publisher : Routledge
ISBN 13 : 1317433238
Total Pages : 258 pages
Book Rating : 4.3/5 (174 download)

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Book Synopsis Private Justice by : Stuart Henry

Download or read book Private Justice written by Stuart Henry and published by Routledge. This book was released on 2015-07-30 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, first published in 1983, looks at discipline in industry and shows how private justice is integrally bound up with formal law. It is a timely examination of the forms of social control that exist ostensibly outside the formal legal system but on which it crucially depends. Private Justice: Towards Integrated Theorising in the Sociology of Law will be of interest to students of law, sociology, and criminology. Dr. Stuart Henry is currently Professor and Director of the School of Public Affairs at San Diego State University where he has been since 2006. Since leaving Trent Polytechnic (now Nottingham Trent University) in 1983 he has held positions in the United States at Eastern Michigan University, Wayne State University, and the University of Texas at Arlington. He is the author or editor of 30 books and over 100 articles on crime, deviance and social control.

The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay

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Publisher :
ISBN 13 :
Total Pages : 906 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay by :

Download or read book The Acts and Resolves, Public and Private, of the Province of the Massachusetts Bay written by and published by . This book was released on 1903 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Modern Legal Interpretation

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527527042
Total Pages : 203 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis Modern Legal Interpretation by : Marko Novak

Download or read book Modern Legal Interpretation written by Marko Novak and published by Cambridge Scholars Publishing. This book was released on 2019-01-24 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legalism or legal formalism usually depicts judges as resolving cases by allegedly merely applying pre-existing legal rules. They do not seem to legislate, exercise discretion, balance or pursue policies, and they definitely do not look outside of conventional legal texts for guidance in deciding new cases. For them, the law is an autonomous domain of knowledge and technique. What they follow are the maxims of clarity, determinacy, and coherence of law. This perception of law and adjudication is sometimes designated as “an orthodox lawyering”. However, at least in certain cases, it is very difficult to say that legalism is not an inappropriate theory or a method of legal interpretation. Different theories have attested that legal interpretation is much more than just legalism, which appears to be far too naïve. In the framework of modern legal interpretation, the following questions can be raised. Is it possible to integrate legalism in a coherent theory of legal interpretation? Is legalism as a distinctive theory of legal interpretation still a feasible theory of interpretation? How can such a formalist approach withstand a critique from Dworkinian moral interpretivism or accusations of being a myth, masking political preferences from legal realists? These and many other issues about legal interpretation are discussed in this book by prominent legal philosophers and legal theorists.