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Author : Hermes Tupinambá
Publisher :
ISBN 13 :
Total Pages : 167 pages
Book Rating : 4.:/5 (948 download)
Download or read book A solução jurisdicional dos conflitos coletivos no direito comparado written by Hermes Tupinambá and published by . This book was released on 1993 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Hermes Afonso Tupinambá Neto
Publisher :
ISBN 13 :
Total Pages : 167 pages
Book Rating : 4.:/5 (683 download)
Download or read book A Solução jurisdicional dos conflitos coletivos no direito comparado uma revisão critica written by Hermes Afonso Tupinambá Neto and published by . This book was released on 1993 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Sanford Levinson
Publisher : Princeton University Press
ISBN 13 : 0691152403
Total Pages : 276 pages
Book Rating : 4.6/5 (911 download)
Download or read book Constitutional Faith written by Sanford Levinson and published by Princeton University Press. This book was released on 2011-09-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The book is intended to make clearer the ambiguities of "constitutional faith," i.e. wholehearted attachment to the Constitution as the center of one's (and ultimately the nation's) political life."--The introduction.
Author : Alan Uzelac
Publisher : Springer Nature
ISBN 13 : 3030730360
Total Pages : 400 pages
Book Rating : 4.0/5 (37 download)
Download or read book Class Actions in Europe written by Alan Uzelac and published by Springer Nature. This book was released on 2021-06-23 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe’s national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.
Author : Carlos Esplugues Mota
Publisher :
ISBN 13 : 9781780682495
Total Pages : 0 pages
Book Rating : 4.6/5 (824 download)
Download or read book Civil and Commercial Mediation in Europe (set - Vols. 1&2) written by Carlos Esplugues Mota and published by . This book was released on 2014-03-27 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originally available as two separate volumes, Intersentia's Civil and Commercial Mediation in Europe is now available as a two volume set. *** About Volume I on National Mediation Rules and Procedures: Mediation is becoming an increasingly important tool for resolving civil and commercial disputes. Although it has been long since recognized in many legal systems, in recent years it has received an important boost and is currently one of the most topical issues in the field of dispute resolution. The European Directive 2008/52/EC of the European Parliament and of the Council of 21.5.2008 on certain aspects of mediation in civil and commercial matters, prescribes a set of minimum common rules on mediation for all EU Member States, with the exception of Denmark. This book examines the current legal framework in every EU Member State regarding mediation in civil and commercial matters, as well as the way in which the Directive has been, or is expected to be, implemented in the near future. It is written by renowned specialists on mediation in Europe and provides an exhaustive account for both scholars and practitioners in Europe and beyond the continent. Every chapter on national law analyzes: both out-of-court and court-annexed mediation in the existing legal framework * the areas of law covered by mediation * the value and formal requirements of the agreement to submit any dispute to mediation * personal features and requirements for mediators * procedural requirements in the mediation procedure * the relationship between the mediator and public authorities * the outcome of the mediation procedure * in the scenario in which a mediation settlement is reached, its requirements and effects. *** About Volume II on Cross-Border Mediation: Mediation plays a leading role within the movement of Alternative Dispute Resolution after centuries in which for several reasons the State and State courts were regarded as the only available instrument to ensure access to justice to citizens. In the European Union the institution of mediation has received much support in the form of Directive 2008/52/EC which sets forth a minimum common legal framework for mediation in the Member States. The 2008 Directive has finally been implemented in the Member States and this book provides the much needed in-depth analysis of the status of the mediation regimes in the European Union. The analysis covers the legal regimes of the Member States set up for cross-border and national mediation. This volume includes national reports on cross-border mediation including in-depth information on all the relevant aspects of cross-border mediation: the notion of cross-border mediation, the law applicable to the mediation clause, the mediation proceedings and the content of the settlement reached by the parties. Special attention is of course given to the recognition and enforcement in the European Union of settlements reached in other Member States and outside Europe. In addition the role of mediators and requirements to become a mediator are examined. This book provides a unique picture of the legal situation in the European Union for cross-border mediation. It is an invaluable instrument for those who want to know more about this complex topic or want to become a mediator in Europe themselves.
Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264272321
Total Pages : 136 pages
Book Rating : 4.2/5 (642 download)
Download or read book Green Finance and Investment Mobilising Bond Markets for a Low-Carbon Transition written by OECD and published by OECD Publishing. This book was released on 2017-04-19 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report describes the development of the green bond market as an innovative instrument for green finance, and provides a review of policy actions and options to promote further market development and growth. Since 2007-08, so-called “green bonds” have emerged and the market has risen from ...
Author : Bernhard A. Koch
Publisher : Walter de Gruyter
ISBN 13 : 3110260107
Total Pages : 749 pages
Book Rating : 4.1/5 (12 download)
Download or read book Medical Liability in Europe written by Bernhard A. Koch and published by Walter de Gruyter. This book was released on 2011 with total page 749 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ten years after the first ECTIL project in this field, liability for medical malpractice is still a hot topic throughout Europe and it continues to expand and develop. This study compares thirteen European jurisdictions on the basis of country repor
Author : Ronald Dworkin
Publisher : OUP Oxford
ISBN 13 : 0198265573
Total Pages : 438 pages
Book Rating : 4.1/5 (982 download)
Download or read book Freedom's Law written by Ronald Dworkin and published by OUP Oxford. This book was released on 1999 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author : Donald L. Horowitz
Publisher : Brookings Institution Press
ISBN 13 : 9780815707318
Total Pages : 326 pages
Book Rating : 4.7/5 (73 download)
Download or read book The Courts and Social Policy written by Donald L. Horowitz and published by Brookings Institution Press. This book was released on 2010-12-10 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the power of American judges to make social policy has been significantly broadened. The courts have reached into many matters once thought to be beyond the customary scope of judicial decisionmaking: education and employment policy, environmental issues, prison and hospital management, and welfare administration—to name a few. This new judicial activity can be traced to various sources, among them the emergence of public interest law firms and interest groups committed to social change through the courts, and to various changes in the law itself that have made access to the courts easier. The propensity for bringing difficult social questions to the judiciary for resolution is likely to persist. This book is the first comprehensive study of the capacity of courts to make and implement social policy. Donald L. Horowitz, a lawyer and social scientist, traces the imprint of the judicial process on the policies that emerge from it. He focuses on a number of important questions: how issues emerge in litigation, how courts obtain their information, how judges use social science data, how legal solutions to social problems are devised, and what happens to judge-made social policy after decrees leave the court house. After a general analysis of the adjudication process as it bears on social policymaking, the author presents four cases studies of litigation involving urban affairs, educational resources, juvenile courts and delinquency, and policy behavior. In each, the assumption and evidence with which the courts approached their policy problems are matched against data about the social settings from which the cases arose and the effects the decrees had. The concern throughout the book is to relate the policy process to the policy outcome. From his analysis of adjudication and the findings of his case studies the author concludes that the resources of the courts are not adequate to the new challenges confronting them. He suggests
Author : Ann Pescatello
Publisher : Praeger
ISBN 13 :
Total Pages : 312 pages
Book Rating : 4.3/5 (91 download)
Download or read book Power and Pawn written by Ann Pescatello and published by Praeger. This book was released on 1976-06-25 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the role of Iberian women in Europe, Asia, Africa and America as well as those indigenous cultures influenced by Iberians (the people of present-day Spain and Portugal).
Author :
Publisher : Universal Law Publishing
ISBN 13 : 9788175347465
Total Pages : 132 pages
Book Rating : 4.3/5 (474 download)
Download or read book Arbitration & ADR written by and published by Universal Law Publishing. This book was released on 2009 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Mark Tushnet
Publisher : Princeton University Press
ISBN 13 : 1400828155
Total Pages : 288 pages
Book Rating : 4.4/5 (8 download)
Download or read book Weak Courts, Strong Rights written by Mark Tushnet and published by Princeton University Press. This book was released on 2009-07-20 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author : Randall G. Holcombe
Publisher : Transaction Publishers
ISBN 13 : 9780765806802
Total Pages : 214 pages
Book Rating : 4.8/5 (68 download)
Download or read book Writing Off Ideas written by Randall G. Holcombe and published by Transaction Publishers. This book was released on 2000 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 20th century tax-exempt charitble foundations in the US have grown substantially, both in their financial importance, and in the scope of their activties. This book examines the economic, cultural, and intellectual implications of these organizations.
Author : Mark Tushnet
Publisher : Cambridge University Press
ISBN 13 : 1107068959
Total Pages : 415 pages
Book Rating : 4.1/5 (7 download)
Download or read book Unstable Constitutionalism written by Mark Tushnet and published by Cambridge University Press. This book was released on 2015-09-17 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines constitutional law and practice in five South Asian countries: India, Pakistan, Sri Lanka, Nepal, and Bangladesh.
Author : Tomris Atabay
Publisher :
ISBN 13 :
Total Pages : 166 pages
Book Rating : 4.:/5 (11 download)
Download or read book Handbook on Women and Imprisonment written by Tomris Atabay and published by . This book was released on 2014 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook aims to assist legislators, policymakers, prison managers, staff and non-governmental organizations in implementing international standards and norms related to the gender-specific needs of women prisoners, in particular the United Nations Rules for the Treatment of Women Offenders and Non-Custodial Measures for Women Offenders ('the Bangkok Rules'). It further aims to increase awareness about the profile of female offenders and to suggest ways in which to reduce their unnecessary imprisonment, including by rationalizing legislation and criminal justice policies, and by providing a wide range of alternatives to prison at all stages of the criminal justice process. The handbook forms part of a series of tools developed by the United Nations Office on Drugs and Crime (UNODC) to support countries in implementing the rule of law and the development of criminal justice reform.
Author : Dallen J. Timothy
Publisher : Channel View Publications
ISBN 13 : 1845417739
Total Pages : 584 pages
Book Rating : 4.8/5 (454 download)
Download or read book Cultural Heritage and Tourism written by Dallen J. Timothy and published by Channel View Publications. This book was released on 2020-12-03 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural heritage is one of the most important tourism resources in the world. This book provides a comprehensive theoretical overview and applied knowledge of the issues, practices, current debates, concepts and management concerns associated with cultural heritage-based tourism. The second edition has been updated to include timely and emerging topics such as geopolitics, conflict, solidarity tourism, overtourism and climate change. It also expands on important areas such as environmental change, technology, social media, heritage economics, Indigenous knowledge and co-created experiences. This edition includes up-to-date data, statistics, references, case material, figures and pedagogical tools. It remains an important and accessible text for undergraduate and postgraduate students of cultural and heritage tourism, cultural resource management, and museum management.
Author : A.V. Dicey
Publisher : Springer
ISBN 13 : 134917968X
Total Pages : 729 pages
Book Rating : 4.3/5 (491 download)
Download or read book An Introduction to the Study of the Law of the Constitution written by A.V. Dicey and published by Springer. This book was released on 1985-09-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: A starting point for the study of the English Constitution and comparative constitutional law, The Law of the Constitution elucidates the guiding principles of the modern constitution of England: the legislative sovereignty of Parliament, the rule of law, and the binding force of unwritten conventions.
