The Restatement And Beyond

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The Restatement and Beyond

Author : Paul B. Stephan
Publisher : Oxford University Press, USA
ISBN 13 : 0197533159
Total Pages : 601 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Restatement and Beyond by : Paul B. Stephan

Download or read book The Restatement and Beyond written by Paul B. Stephan and published by Oxford University Press, USA. This book was released on 2020 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements to the immunity from domestic lawsuits of international organizations and foreign government officials. The last considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law"--

The Restatement and Beyond

Author : Paul B. Stephan
Publisher : Oxford University Press
ISBN 13 : 0197533981
Total Pages : 588 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Restatement and Beyond by : Paul B. Stephan

Download or read book The Restatement and Beyond written by Paul B. Stephan and published by Oxford University Press. This book was released on 2020-09-18 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.

Is International Law International?

Author : Anthea Roberts
Publisher : Oxford University Press
ISBN 13 : 0190696419
Total Pages : 433 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Is International Law International? by : Anthea Roberts

Download or read book Is International Law International? written by Anthea Roberts and published by Oxford University Press. This book was released on 2017 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes the reader on a sweeping tour of the international legal field to reveal some of the patterns of difference, dominance, and disruption that belie international law's claim to universality. Pulling back the curtain on the "divisible college of international lawyers," Anthea Roberts shows how international lawyers in different states, regions, and geopolitical groupings are often subject to distinct incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. These divisions manifest themselves in contemporary controversies, such as debates about Crimea and the South China Sea. Not all approaches to international law are created equal, however. Using case studies and visual representations, the author demonstrates how actors and materials from some states and groups have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the "international." This point holds true for Western actors, materials, and approaches in general, and for Anglo-American (and sometimes French) ones in particular. However, these patterns are set for disruption. As the world moves past an era of Western dominance and toward greater multipolarity, it is imperative for international lawyers to understand the perspectives and approaches of those coming from diverse backgrounds. By taking readers on a comparative tour of different international law academies and textbooks, the author encourages them to see the world through the eyes of others -- an essential skill in this fast changing world of shifting power dynamics and rising nationalism.

Prosper or Perish

Author : Lynette H. Ong
Publisher : Cornell University Press
ISBN 13 : 0801465516
Total Pages : 231 pages
Book Rating : 4.8/5 (14 download)

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Book Synopsis Prosper or Perish by : Lynette H. Ong

Download or read book Prosper or Perish written by Lynette H. Ong and published by Cornell University Press. This book was released on 2012-09-15 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: The official banking institutions for rural China are Rural Credit Cooperatives (RCCs). Although these co-ops are mandated to support agricultural development among farm households, since 1980 half of RCC loans have gone to small and medium-sized industrial enterprises located in, and managed by, townships and villages. These township and village enterprises have experienced highly uneven levels of success, and by the end of the 1990s, half of all RCC loans were in or close to default, forcing China’s central bank to bail out RCCs. In Prosper or Perish, Lynette H. Ong examines the bias in RCC lending patterns, focusing on why the mobilization of rural savings has contributed to successful industrial development in some locales but not in others. Interweaving insightful and theoretically informed discussions of rural credit, development, governance, and bank bailouts, Ong identifies various sources for China’s uneven development. In the highly decentralized fiscal environment of the People’s Republic, successful industrialization has significant implications for rural governance. Local governments depend on revenue from industrial output to provide public goods and services; unsuccessful enterprises starve local governments of revenue and result in radical cutbacks in services. High peasant burdens, land takings without adequate compensation by local governments, and other poor governance practices tend to be associated with unsuccessful industrialization. In light of the recent liberalization of the rural credit sector in China, Prosper or Perish makes a significant contribution to debates within political science, economic development, and international banking.

Virtualpolitik

Author : Elizabeth Mathews Losh
Publisher : MIT Press
ISBN 13 : 0262123045
Total Pages : 427 pages
Book Rating : 4.2/5 (621 download)

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Book Synopsis Virtualpolitik by : Elizabeth Mathews Losh

Download or read book Virtualpolitik written by Elizabeth Mathews Losh and published by MIT Press. This book was released on 2009 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government media-making, from official websites to whistleblowers' e-mail, and its sometimes unintended consequences. Today government agencies not only have official Web sites but also sponsor moderated chats, blogs, digital video clips, online tutorials, videogames, and virtual tours of national landmarks. Sophisticated online marketing campaigns target citizens with messages from the government--even as officials make news with digital gaffes involving embarrassing e-mails, instant messages, and videos. In Virtualpolitik, Elizabeth Losh closely examines the government's digital rhetoric in such cases and its dual role as mediamaker and regulator. Looking beyond the usual focus on interfaces, operations, and procedures, Losh analyzes the ideologies revealed in government's digital discourse, its anxieties about new online practices, and what happens when officially sanctioned material is parodied, remixed, or recontextualized by users. Losh reports on a video game that panicked the House Intelligence Committee, pedagogic and therapeutic digital products aimed at American soldiers, government Web sites in the weeks and months following 9/11, PowerPoint presentations by government officials and gadflies, e-mail as a channel for whistleblowing, digital satire of surveillance practices, national digital libraries, and computer-based training for health professionals. Losh concludes that the government's "virtualpolitik"--its digital realpolitik aimed at preserving its own power--is focused on regulation, casting as criminal such common online activities as file sharing, video-game play, and social networking. This policy approach, she warns, indefinitely postpones building effective institutions for electronic governance, ignores constituents' need to shape electronic identities to suit their personal politics, and misses an opportunity to learn how citizens can have meaningful interaction with the virtual manifestations of the state.

Beyond Roe

Author : David Boonin
Publisher : Oxford University Press
ISBN 13 : 0190904852
Total Pages : 304 pages
Book Rating : 4.1/5 (99 download)

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Book Synopsis Beyond Roe by : David Boonin

Download or read book Beyond Roe written by David Boonin and published by Oxford University Press. This book was released on 2019-02-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most arguments for or against abortion focus on one question: is the fetus a person? In this provocative and important book, David Boonin defends the claim that even if the fetus is a person with the same right to life you and I have, abortion should still be legal, and most current restrictions on abortion should be abolished. Beyond Roe points to a key legal precedent: McFall v. Shimp. In 1978, an ailing Robert McFall sued his cousin, David Shimp, asking the court to order Shimp to provide McFall with the bone marrow he needed. The court ruled in Shimp's favor and McFall soon died. Boonin extracts a compelling lesson from the case of McFall v. Shimp--that having a right to life does not give a person the right to use another person's body even if they need to use that person's body to go on living-and he uses this principle to support his claim that abortion should be legal and far less restricted than it currently is, regardless of whether the fetus is a person. By taking the analysis of the right to life that Judith Jarvis Thomson pioneered in a moral context and applying it in a legal context in this novel way, Boonin offers a fresh perspective that is grounded in assumptions that should be accepted by both sides of the abortion debate. Written in a lively, conversational style, and offering a case study of the value of reason in analyzing complex social issues, Beyond Roe will be of interest to students and scholars in a variety of fields, and to anyone interested in the debate over whether government should restrict or prohibit abortion.

The American Law Institute

Author :
Publisher : Oxford University Press
ISBN 13 : 019768534X
Total Pages : 505 pages
Book Rating : 4.1/5 (976 download)

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Book Synopsis The American Law Institute by :

Download or read book The American Law Institute written by and published by Oxford University Press. This book was released on 2023-05-02 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: The centennial of the American Law Institute is a landmark event. A lifespan of one hundred years is significant for a law reform project. Most such initiatives terminate when they achieve their limited goals, they fail, or members lose interest when their funding runs out. Instead, the American Law Institute is the preeminent legal reform organisation in the United States and remains an enterprise in full vigour, with an enormous number of projects completed and an impressive array of projects in forward motion. The American Law Institute: A Centennial History brings together an outstanding group of expert scholars, several of them current or former Reporters for the ALI Restatements of Law, to provide an in-depth scholarly history of the ALI, its role in legal reform, and the various ways it has impacted law in the United States. The resulting collection of essays provides original and important perspectives on both the ALI and its relevance for American Law. This book offers a window into the course of legal thought over the past century and is a must-read for academics, practitioners, and all those interested in the way laws are shaped within the United States.

Contract Law Minimalism

Author : Jonathan Morgan
Publisher : Cambridge University Press
ISBN 13 : 110747020X
Total Pages : 314 pages
Book Rating : 4.1/5 (74 download)

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Book Synopsis Contract Law Minimalism by : Jonathan Morgan

Download or read book Contract Law Minimalism written by Jonathan Morgan and published by Cambridge University Press. This book was released on 2013-11-07 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial contract law is in every sense optional given the choice between legal systems and law and arbitration. Its 'doctrines' are in fact virtually all default rules. Contract Law Minimalism advances the thesis that commercial parties prefer a minimalist law that sets out to enforce what they have decided - but does nothing else. The limited capacity of the legal process is the key to this 'minimalist' stance. This book considers evidence that such minimalism is indeed what commercial parties choose to govern their transactions. It critically engages with alternative schools of thought, that call for active regulation of contracts to promote either economic efficiency or the trust and co-operation necessary for 'relational contracting'. The book also necessarily argues against the view that private law should be understood non-instrumentally (whether through promissory morality, corrective justice, taxonomic rationality, or otherwise). It sketches a restatement of English contract law in line with the thesis.

The Oxford Handbook of Comparative Foreign Relations Law

Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0190653353
Total Pages : 992 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Comparative Foreign Relations Law by : Curtis A. Bradley

Download or read book The Oxford Handbook of Comparative Foreign Relations Law written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2019-06-07 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Oxford Handbook ambitiously seeks to lay the groundwork for the relatively new field of comparative foreign relations law. Comparative foreign relations law compares and contrasts how nations, and also supranational entities (for example, the European Union), structure their decisions about matters such as entering into and exiting from international agreements, engaging with international institutions, and using military force, as well as how they incorporate treaties and customary international law into their domestic legal systems. The legal materials that make up a nation's foreign relations law can include constitutional law, statutory law, administrative law, and judicial precedent, among other areas. This book consists of 46 chapters, written by leading authors from around the world. Some of the chapters are empirically focused, others are theoretical, and still others contain in-depth case studies. In addition to being an invaluable resource for scholars working in this area, the book should be of interest to a wide range of lawyers, judges, and law students. Foreign relations law issues are addressed regularly by lawyers working in foreign ministries, and globalization has meant that domestic judges, too, are increasingly confronted by them. In addition, private lawyers who work on matters that extend beyond their home countries often are required to navigate issues of foreign relations law. An increasing number of law school courses in comparative foreign relations law are also now being developed, making this volume an important resource for students as well. Comparative foreign relations law is a newly emerging field of study and teaching, and this volume is likely to become a key reference work as the field continues to develop.

Property-Owning Democracy

Author : Martin O'Neill
Publisher : John Wiley & Sons
ISBN 13 : 1118854608
Total Pages : 338 pages
Book Rating : 4.1/5 (188 download)

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Book Synopsis Property-Owning Democracy by : Martin O'Neill

Download or read book Property-Owning Democracy written by Martin O'Neill and published by John Wiley & Sons. This book was released on 2014-03-03 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Property-Owning Democracy: Rawls and Beyond features a collection of original essays that represent the first extended treatment of political philosopher John Rawls' idea of a property-owning democracy. Offers new and essential insights into Rawls's idea of "property-owning democracy" Addresses the proposed political and economic institutions and policies which Rawls's theory would require Considers radical alternatives to existing forms of capitalism Provides a major contribution to debates among progressive policymakers and activists about the programmatic direction progressive politics should take in the near future

Beyond Elite Law

Author : Samuel Estreicher
Publisher : Cambridge University Press
ISBN 13 : 1316654095
Total Pages : 757 pages
Book Rating : 4.3/5 (166 download)

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Book Synopsis Beyond Elite Law by : Samuel Estreicher

Download or read book Beyond Elite Law written by Samuel Estreicher and published by Cambridge University Press. This book was released on 2016-04-26 with total page 757 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are Americans making under $50,000 a year compelled to navigate the legal system on their own, or do they simply give up because they cannot afford lawyers? We know anecdotally that Americans of median or lower income generally do without legal representation or resort to a sector of the legal profession that - because of the sheer volume of claims, inadequate training, and other causes - provides deficient representation and advice. This book poses the question: can we - at the current level of resources, both public and private - better address the legal needs of all Americans? Leading judges, researchers, and activists discuss the role of technology, pro bono services, bar association resources, affordable solo and small firm fees, public service internships, and law student and nonlawyer representation.

Expert Laws of War

Author : Anton O. Petrov
Publisher : Edward Elgar Publishing
ISBN 13 : 1789907594
Total Pages : 296 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Expert Laws of War by : Anton O. Petrov

Download or read book Expert Laws of War written by Anton O. Petrov and published by Edward Elgar Publishing. This book was released on 2020-06-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades, international humanitarian law has been shaped by the omnipresence of so-called expert manuals. Astute and engaging, this discerning book provides a comprehensive account of these black letter rules and commentaries produced by private expert groups and demonstrates why the general acceptance of these expert manuals is largely unjustified. The author innovatively links interdisciplinary insights to the needs of military lawyers in practice, showing the pitfalls of relying on private manuals as arguable restatements and interpretations of the law 'as it is'.

Life after New Media

Author : Sarah Kember
Publisher : MIT Press
ISBN 13 : 0262527464
Total Pages : 289 pages
Book Rating : 4.2/5 (625 download)

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Book Synopsis Life after New Media by : Sarah Kember

Download or read book Life after New Media written by Sarah Kember and published by MIT Press. This book was released on 2014-12-05 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: An argument for a shift in understanding new media—from a fascination with devices to an examination of the complex processes of mediation. In Life after New Media, Sarah Kember and Joanna Zylinska make a case for a significant shift in our understanding of new media. They argue that we should move beyond our fascination with objects—computers, smart phones, iPods, Kindles—to an examination of the interlocking technical, social, and biological processes of mediation. Doing so, they say, reveals that life itself can be understood as mediated—subject to the same processes of reproduction, transformation, flattening, and patenting undergone by other media forms. By Kember and Zylinska's account, the dispersal of media and technology into our biological and social lives intensifies our entanglement with nonhuman entities. Mediation—all-encompassing and indivisible—becomes for them a key trope for understanding our being in the technological world. Drawing on the work of Bergson and Derrida while displaying a rigorous playfulness toward philosophy, Kember and Zylinska examine the multiple flows of mediation. Importantly, they also consider the ethical necessity of making a “cut” to any media processes in order to contain them. Considering topics that range from media-enacted cosmic events to the intelligent home, they propose a new way of “doing” media studies that is simultaneously critical and creative, and that performs an encounter between theory and practice.

Working in America

Author : Amy S Wharton
Publisher : Routledge
ISBN 13 : 1317248767
Total Pages : 326 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Working in America by : Amy S Wharton

Download or read book Working in America written by Amy S Wharton and published by Routledge. This book was released on 2015-11-17 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Great Recession brought rising inequality and changing family economies. New technologies continued to move jobs overseas, including those held by middle-class information workers. The first new edition to capture these historic changes, this book is the leading text in the sociology of work and related research fields. Wharton s readings retain the classics but offer a new spectrum of articles accessible to undergraduate students that focus on the changes that will most affect their lives.New to the fourth edition"

Anti-Nietzsche

Author : Malcolm Bull
Publisher : Verso Books
ISBN 13 : 1781683166
Total Pages : 225 pages
Book Rating : 4.7/5 (816 download)

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Book Synopsis Anti-Nietzsche by : Malcolm Bull

Download or read book Anti-Nietzsche written by Malcolm Bull and published by Verso Books. This book was released on 2014-04-08 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nietzsche, the philosopher seemingly opposed to everyone, has met with remarkably little opposition himself. He remains what he wanted to be— the limit-philosopher of a modernity that never ends. In this provocative, sometimes disturbing book, Bull argues that merely to reject Nietzsche is not to escape his lure. He seduces by appealing to our desire for victory, our creativity, our humanity. Only by ‘reading like a loser’ and failing to live up to his ideals can we move beyond Nietzsche to a still more radical revaluation of all values—a subhumanism that expands the boundaries of society until we are left with less than nothing in common. Anti-Nietzsche is a subtle and subversive engagement with Nietzsche and his twentieth-century interpreters—Heidegger, Vattimo, Nancy, and Agamben. Written with economy and clarity, it shows how a politics of failure might change what it means to be human.

Causation in European Tort Law

Author : Marta Infantino
Publisher : Cambridge University Press
ISBN 13 : 1108418368
Total Pages : 785 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Causation in European Tort Law by : Marta Infantino

Download or read book Causation in European Tort Law written by Marta Infantino and published by Cambridge University Press. This book was released on 2017-12-28 with total page 785 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes an original and comparative approach to issues of causation in tort law across many European legal systems.

International Law in the US Legal System

Author : Curtis A. Bradley
Publisher : Oxford University Press
ISBN 13 : 0197525636
Total Pages : 409 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis International Law in the US Legal System by : Curtis A. Bradley

Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.