Kategoria BISAC: Law >> Courts - General

Since the adoption of the Rome Statute of the International Criminal Court in 1998, international criminal law has rapidly grown in importance. This three-volume treatise on international criminal law presents a foundational, systematic, consistent, and comprehensive analysis of the field. Taking into account the scholarly literature, not only sources written in English but also in French, German, Italian, Portuguese, and Spanish, the book draws on the author's extensive academic and practical work in international criminal law.
This third volume offers a comprehensive analysis of the...

Considered a classic of comparative law and legal systems, this book has been twice reprinted since its first appearance 50 years ago, and is now available in a high-quality, modern hardback edition. No work has so openly and extensively--using hands-on observations by leading legal figures of the time--compared appellate courts in two common law countries. While much comparative work contrasts civil law systems with those of the common law, this study teased out substantial, impactful differences even within two traditional common law systems. The original project grew out of an intensive...

Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom.

This timely book shows how the Roberts Court's free speecOur constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented...

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court s decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance.

The work is divided into seven parts. Parts...

This book argues that the judiciary, particularly the Supreme Court, should embrace an interpretive framework that promotes equal participation in the democratic process, fosters accountability, and facilitates robust public discourse among citizens of all backgrounds. The authors propose a solution that strives to restore integrity to the Court's decision-making process by eschewing ideology and a focus on the utility of outcomes in favor of an intellectually honest jurisprudence that gives all citizens a meaningful voice in governance.

The work is divided into seven parts. Parts...

Daniel Jakimiec – doktor nauk prawnych, absolwent Wydziału Prawa i Administracji Uniwersytetu Śląskiego w Katowicach; w trakcie studiów doktoranckich wyróżniony stypendium dla najlepszych dok-torantów. W latach 2008–2009 pracował jako asystent sędziego w wydziale rodzinnym i nieletnich oraz w wydziale karnym i w wydziale pracy sądu rejonowego; w grudniu 2009 r. został mianowany na stanowisko referendarza sądowego w wydziale cywilnym, w wydziale ksiąg wieczystych oraz w sekcji windykacji należności sądowych i wykonywania...

Cultural genocide is the systematic destruction of traditions, values, language, and other elements that make one group of people distinct from another.Cultural genocide remains a recurrent topic, appearing not only in the form of wide-ranging claims about the commission of cultural genocide in diverse contexts but also in the legal sphere, as exemplified by the discussions before the International Criminal Tribunal for the Former Yugoslavia and also the drafting of the UN Declaration on the Rights of Indigenous Peoples. These discussions have, however, displayed the lack of a uniform...

Judges are society's elders and experts, our masters and mediators. We depend on them to dispense justice with integrity, deliberation, and efficiency. Yet judges, as Alexander Hamilton famously noted, lack the power of the purse or the sword. They must rely almost entirely on their reputations to secure compliance with their decisions, obtain resources, and maintain their political influence.

In Judicial Reputation, Nuno Garoupa and Tom Ginsburg explain how reputation is not only an essential quality of the judiciary as a whole, but also of individual judges. Perceptions of...

What should be the primary goals of a judicial appointments system? When will the judiciary be sufficiently diverse? Why is it taking so long? Is it time for positive action? Who does (and should) appoint our judges?

There is broad agreement that diversity raises important questions for a legal system and its officials, but there is much less agreement about the full implications of recognising diversity as an important goal of the judicial appointments regime and differences of opinion as to the method, form, timing and motivations for diversity. On the tenth anniversary...

In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights. The ruling also reawakened a public interest in private property and created a vicious reaction among many citizens, journalists, academics, and legislators. This book is unique because it offers an in-depth analysis of the case law found in...

An eye-opening look at the influential Supreme Court justice who disrupted American jurisprudence in order to delegitimize opponents and establish a conservative legal order

This book offers a thorough, critical, and accessible analysis of the American Convention on Human Rights which is the main human rights treaty of the Americas. The authors closely review the jurisprudence and the binding judgments of the two institutions charged with interpreting the Convention: The Inter-American Court of Human Rights and The Inter-American Commission on Human Rights.They focus on the rights most developed by the Court and Commission, namely the rights to equality, life, humane treatment, personal liberty, property, due process and judicial protection, as well as the...

Arbitration is the dispute resolution method of choice in international commerce, but it rests on a complex legal foundation. In many international commercial contracts, the parties will choose the law governing any future disputes. However, where the parties do not choose a governing law, the prevailing approach in arbitration is to afford arbitrators broad and largely unfettered discretion to choose the law considered most appropriate or most applicable. The uncertainty resulting from this discretion potentially affects the parties' rights and obligations, the performance of their contract,...

This book provides comprehensive coverage of the law and procedure of the European Court of Human Rights. It incorporates a step-by-step approach to the litigation process, covering areas such as lodging the initial application, seeking priority treatment, friendly settlement, the pilot judgment procedure, just satisfaction, enforcement of judgments, and Grand Chamber referrals.

This new edition has been fully revised to take account of the latest developments in the Court's practice since 2010, including: the introduction (in 2014) of a mandatory application form; the updated Court Rules...

Beyond High Courts: The Justice Complex in Latin America is a much-needed volume that will make a significant contribution to the growing fields of comparative law and politics and Latin American legal institutions. The book moves these research agendas beyond the study of high courts by offering theoretically and conceptually rich empirical analyses of a set of critical supranational, national, and subnational justice sector institutions that are generally neglected in the literature. The chapters examine the region's large federal systems (Argentina, Brazil, and Mexico), courts in...

A concise and comprehensive edition of the Federal Rules of Civil Procedure and related supplementary statutes for quick reference. Updated through January 1, 2017. Perfect for your briefcase or desk and a great format for the attorney or law school student who simply needs to refer to the rules.

Contents:
Federal Rules of Civil Procedure

• Title I. Scope of rules; form of action
• Title II. Commencing an action; service of process, pleadings, motions, and orders
• Title III. Pleadings and motions
• Title IV. Parties
...

For decades, the question of judicial review's status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labelled "the countermajoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of majority.

Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review's...

This book considers the legal and political dimensions of the relationship between the International Criminal Court and Africa, looking at the role of the European Union, African Union, and African diplomacy on the issue of sovereignty and impunity for international crimes.