Civil Enforcement in a Comparative Perspective

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Publisher :
ISBN 13 : 9781780688183
Total Pages : 0 pages
Book Rating : 4.6/5 (881 download)

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Book Synopsis Civil Enforcement in a Comparative Perspective by : Wendy Kennett

Download or read book Civil Enforcement in a Comparative Perspective written by Wendy Kennett and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bailiffs play an important role in the enforcement of court orders. They are part of the state machinery for the transfer of assets from debtors to creditors and for evictions. This book investigates the surprising differences in bailiff regulation across Europe and questions how far governments take adequate responsibility for enforcement action.

The Costs and Funding of Civil Litigation

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847316158
Total Pages : 580 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Costs and Funding of Civil Litigation by : Christopher Hodges

Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules... I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010 This title is included in Bloomsbury Professional's International Arbitration online service.

The Judicial Process in Comparative Perspective

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Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 464 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Judicial Process in Comparative Perspective by : Mauro Cappelletti

Download or read book The Judicial Process in Comparative Perspective written by Mauro Cappelletti and published by Oxford University Press, USA. This book was released on 1989 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first application of the comparative method to the analysis of both the basic features of judicial process and their evolution and profound transformation in Europe and America. Cappelletti discusses the challenges facing the courts of justice and other adjudicatory agencies, and evaluates the solutions adopted by contemporary legal systems.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law

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Publisher : Springer
ISBN 13 : 3319900684
Total Pages : 558 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law by : Marie Mercat-Bruns

Download or read book Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law written by Marie Mercat-Bruns and published by Springer. This book was released on 2018-06-30 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

The Faces of Justice and State Authority

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Publisher : Yale University Press
ISBN 13 : 0300191286
Total Pages : 440 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis The Faces of Justice and State Authority by : Mirjan R. Damaska

Download or read book The Faces of Justice and State Authority written by Mirjan R. Damaska and published by Yale University Press. This book was released on 1991-07-24 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading legal scholar provides a highly original comparative analysis of how justice is administered in legal systems around the world and of the profound and often puzzling changes taking place in civil and criminal procedure. Constructing a conceptual framework of the legal process based on the link between politics and justice, Mirjan R. Damaska provides a new perspective that enables disparate procedural features to emerge as fascinating recognizable patterns. His book is "a significant work of scholarship . . . full of important insights."—Harold J. Berman

Courts, Law, and Politics in Comparative Perspective

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Publisher : Yale University Press
ISBN 13 : 9780300063790
Total Pages : 420 pages
Book Rating : 4.0/5 (637 download)

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Book Synopsis Courts, Law, and Politics in Comparative Perspective by : Herbert Jacob

Download or read book Courts, Law, and Politics in Comparative Perspective written by Herbert Jacob and published by Yale University Press. This book was released on 1996-01-01 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive book compares the intersection of political forces and legal practices in five industrial nations--the United States, England, France, Germany, and Japan. The authors, eminent political scientists and legal scholars, investigate how constitutional courts function in each country, how the adjudication of criminal justice and the processing of civil disputes connect legal systems to politics, and how both ordinary citizens and large corporations use the courts. For each of the five countries, the authors discuss the structure of courts and access to them, the manner in which politics and law are differentiated or amalgamated, whether judicial posts are political prizes or bureaucratic positions, the ways in which courts are perceived as legitimate forms for addressing political conflicts, the degree of legal consciousness among citizens, the kinds of work lawyers do, and the manner in which law and courts are used as social control mechanisms. The authors find that although the extent to which courts participate in policymaking varies dramatically from country to country, judicial responsiveness to perceived public problems is not a uniquely American phenomenon.

Court Delay and Law Enforcement in China

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Publisher : Springer Science & Business Media
ISBN 13 : 3835090127
Total Pages : 281 pages
Book Rating : 4.8/5 (35 download)

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Book Synopsis Court Delay and Law Enforcement in China by : Qing-Yun Jiang

Download or read book Court Delay and Law Enforcement in China written by Qing-Yun Jiang and published by Springer Science & Business Media. This book was released on 2008-05-15 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Qing-Yun Jiang shows that court delay is not a serious problem in the lower courts in respect to trial cases, but mainly in appeal cases and retrial cases, which require more time. The author confirms that law enforcement has been an obstacle for the development of market economy and a bottleneck of the judiciary and he concludes that judicial reform should not only deal with symptoms, but with the roots of the political and economic structure.

The Dynamism of Civil Procedure - Global Trends and Developments

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Publisher : Springer
ISBN 13 : 3319219812
Total Pages : 286 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Dynamism of Civil Procedure - Global Trends and Developments by : Colin B. Picker

Download or read book The Dynamism of Civil Procedure - Global Trends and Developments written by Colin B. Picker and published by Springer. This book was released on 2015-11-11 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows the surprising dynamism of the field of civil procedure through its examination of a cross section of recent developments within civil procedure from around the world. It explores the field through specific approaches to its study, within specific legal systems, and within discrete sub-fields of civil procedure. The book reflects the latest research and conveys the dynamism and innovations of modern civil procedure - by field, method and system. The book’s introductory chapters lay the groundwork for researchers to appreciate the flux and change within the field. The concluding chapters bring the many different identified innovations and developments together to show the field's ability to adapt to modern circumstances, while retaining its coherence even across different legal systems, traditions, fields and analytic approaches. Specifically, in this book the presence of dynamism is explored in the legal systems of the EU, France, the US, Brazil, Australia, the UK and China. So too that dynamism is explored in the contributions’ analyses and discussions of the changes or need for change of specific aspects of civil procedure including litigation costs, class actions, derivative actions, pleadings, and res judicata. Furthermore, most of the individual contributions may be considered to be comparative analyses of their respective subjects and, when considered as a whole, the book presents the dynamism of civil procedure in comparative perspective. Those discrete and aggregated comparative analyses permit us to better understand the dynamism in civil procedure – for change in the abstract can be less visible and its significance and impact less evident. While similar conclusions may have been drawn through examinations in isolation, employing comparative analytic methods provided a richer analysis and any identified need for change is correspondingly advanced through comparative analysis. Furthermore, if that analysis leads to a conclusion that change is necessary then comparative law may provide pertinent examples for such change - as well as methodologies for successfully transplanting any such changes. In other words, as this book so well reflects, comparative law may itself usefully contribute to dynamism in civil procedure. This has long been a raison d'être of comparative law and, as clear from this book’s contributions, in this particular time and field of study we find that it is very likely to achieve its lofty promise.

The Rights Revolution

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Publisher : University of Chicago Press
ISBN 13 : 022677242X
Total Pages : 343 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis The Rights Revolution by : Charles R. Epp

Download or read book The Rights Revolution written by Charles R. Epp and published by University of Chicago Press. This book was released on 2020-05-14 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.

Comparative Studies on Enforcement and Provisional Measures

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Publisher :
ISBN 13 : 9783161508707
Total Pages : 403 pages
Book Rating : 4.5/5 (87 download)

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Book Synopsis Comparative Studies on Enforcement and Provisional Measures by : Rolf Stürner

Download or read book Comparative Studies on Enforcement and Provisional Measures written by Rolf Stürner and published by . This book was released on 2011 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Case Management in the Twenty-First Century: Court Structures Still Matter

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Publisher : Springer Nature
ISBN 13 : 9813345128
Total Pages : 204 pages
Book Rating : 4.8/5 (133 download)

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Book Synopsis Civil Case Management in the Twenty-First Century: Court Structures Still Matter by : Peter C.H. Chan

Download or read book Civil Case Management in the Twenty-First Century: Court Structures Still Matter written by Peter C.H. Chan and published by Springer Nature. This book was released on 2021-02-15 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The information age provides novel tools for case management. While technology plays a crucial role, the way in which courts are structured is still critical in ensuring effective case management. The correlation between court structure and case management is a pivotal topic. The existing debate concentrates predominantly on the micro and case-specific aspects of case management, without further inquiry into the relationship between court structure, court management, and case management. The contributions within this volume fill this gap from a comparative perspective, undertaking a macro/structural and sub-macro perspective of procedure and case management.

Civil Litigation in Comparative Context

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Publisher :
ISBN 13 : 9781628102147
Total Pages : 0 pages
Book Rating : 4.1/5 (21 download)

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Book Synopsis Civil Litigation in Comparative Context by : Oscar G. Chase

Download or read book Civil Litigation in Comparative Context written by Oscar G. Chase and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.

Effective Enforcement of Creditors’ Rights

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Publisher : Springer
ISBN 13 : 9789811656118
Total Pages : 0 pages
Book Rating : 4.6/5 (561 download)

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Book Synopsis Effective Enforcement of Creditors’ Rights by : Masahisa Deguchi

Download or read book Effective Enforcement of Creditors’ Rights written by Masahisa Deguchi and published by Springer. This book was released on 2022-11-29 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The problem of enforcing a money judgment exists in every legal system in the world, but the methods and orientation vary significantly. Effective enforcement proceedings are crucial to ensure full access to justice for creditors. Complete and full knowledge of the debtors’ assets is crucial to choose the appropriate enforcement measure. But each legal system must balance the creditors’ rights to an efficient enforcement with the debtors’ rights. The wide differences between enforcement proceedings mirror the way each society tries to find a balance between confronting rights and interests. This book explores and compares how different legal systems approach these issues with a focus on the discovery of debtors’ assets, which is a common problem for enforcement and execution proceedings in almost every jurisdiction. This is the first book to compare enforcement proceedings around the world and presents a variety of information and country reports from leading experts from four continents. It represents the joint work of academic and legal authorities from Germany, Japan, Korea, France, the UK, Switzerland, Austria, Spain, Poland, Russia, Greece, North America, Taiwan, Brazil, Argentina, Chile, and the EU.

Transnational Litigation in Comparative Perspective

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Publisher :
ISBN 13 :
Total Pages : 750 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Transnational Litigation in Comparative Perspective by : Stephen C. McCaffrey

Download or read book Transnational Litigation in Comparative Perspective written by Stephen C. McCaffrey and published by . This book was released on 2010 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transnational Litigation in Comparative Perspective: Theory and Application is the only casebook that examines the principal issues in transnational litigation from a comparative perspective. Each chapter focuses on a particular core problem that all legal systems must address. The first half of each chapter is devoted to exploring the theoretical context of the issue, thereby enabling students to appreciate the complexity of the problem and to see how achieving a resolution requires balancing competing interests. The second part of each chapter then focuses on how different systems deal with these challenges. Topics covered include protective measures, personal jurisdiction, forum non conveniens, forum selection clauses, state immunity, state doctrine, service of process, gathering evidence abroad, choice of law, and recognition and enforcement of foreign judgments. Distinctive Features *Uses a comparative approach that better prepares future lawyers for international litigation that may be initiated in countries other than the U.S. *Offers a hypothetical at the beginning of each chapter to introduce the fundamental issue; the hypotheticals raise questions that are diagnostic rather than prescriptive, leading to many "right" answers *Accommodates different types of courses--professors who employ a less theoretical approach can use the hypotheticals to ground class discussions *Considers issues unique to arbitration as they arise in connection with the various topics studied

Fact-finding in Civil Litigation

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Publisher :
ISBN 13 : 9789400000742
Total Pages : 0 pages
Book Rating : 4.0/5 (7 download)

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Book Synopsis Fact-finding in Civil Litigation by : Rijk Remme Verkerk

Download or read book Fact-finding in Civil Litigation written by Rijk Remme Verkerk and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In civil cases, the facts of the case are often decisive. This book provides a comparative analysis of the process of fact-finding in the litigation process. It offers theoretical insights on the distinctive features of the fact-finding arrangements in civil cases in Austria, the Netherlands, and the United States. It also examines the empirical data that sheds light on the operation of procedural rules in legal practice. The book studies specific fact-finding regulations as components of an entire system and places them in a broader context. It analyzes the history of fact-finding arrangements to elucidate the legal tradition that has shaped the mindset of practitioners and legislators. In addition, the relationship between procedural rules and the prevailing constitutional and political theory is discussed. Rules are commonly designed and adopted to promote procedural values, such as efficiency, legitimacy, accuracy, and fairness. Fact-Finding in Civil Litigation discusses the values

Community Policing in America

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Publisher : Taylor & Francis
ISBN 13 : 0415953510
Total Pages : 184 pages
Book Rating : 4.4/5 (159 download)

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Book Synopsis Community Policing in America by : Jeremy M. Wilson

Download or read book Community Policing in America written by Jeremy M. Wilson and published by Taylor & Francis. This book was released on 2006 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on data from nearly every major U.S. municipal police force, Community Policing in America is the first comprehensive study to examine how the organizational context and structure of police organizations impact the implementation of community policing.

Enforcement of Judgments in Europe

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Publisher : Oxford University Press, USA
ISBN 13 : 9780198298199
Total Pages : 510 pages
Book Rating : 4.2/5 (981 download)

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Book Synopsis Enforcement of Judgments in Europe by : Wendy A. Kennett

Download or read book Enforcement of Judgments in Europe written by Wendy A. Kennett and published by Oxford University Press, USA. This book was released on 2000 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of a European Judicial Area has gathered force since the negotiation of the Amsterdam Treaty amending the TEU and conferring competence on the European Community in relation to measures of 'judicial cooperation'. One of the areas targeted for rapid attention is improvement in therecognition and enforcement of civil judgments in Europe - with plans for the mutual recognition of judgments.This book (i) explains the significance of the fact that judicial cooperation now falls within the EC Treaty; (ii) sets out the background of measures and proposals which will form the basis for further work by the European Commission in developing legislative proposals; (iii) compares theenforcement frameworks of selected national laws (England, Germany, France, Sweden, Spain); (iv) examines in detail the existing position in relation to key enforcement issues (obtaining information about a debtor's assets, provisional and protective measures, service of documents, exequatur,transfrontier garnishee orders and the transfrontier enforcement of injunctions) under the selected national laws and European/international instruments; and (v) assesses the scope for improvements in collaboration between Member States and the obstacles that may impede harmonisation. The book willprovide an invaluable source of reference for practitioners and policy-makers, and will also be of assistance as a starting point for those who want to engage in further comparative research on the topics covered.