Judicial review Books
Oxford University Press Inc The Collapse of Constitutional Remedies
Book SynopsisTable of ContentsAcknowledgements Introduction Chapter 1: Blueprint Chapter 2: Building Chapter 3: Remedies Chapter 4: Collapse Chapter 5: Remains Coda Notes Index
£26.49
HarperCollins Publishers Inc Nine Black Robes
Book Synopsis
£24.74
Oxford University Press Inc The Normalization of Saudi Law
Book SynopsisSaudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts.Trade Review<"Chibli Mallat is the leading theoretician, indeed the founder, of a field of study on Middle East law. In The Normalization of Saudi Law, Professor Mallat turns his attention, with great erudition and brilliance, to the evolution of law in Saudi Arabia and finds, within a multitude of recent judicial rulings on contracts, property, the family, and the prosecution of crimes, the beginnings of a system of law. Always clear-eyed, Mallat fully appreciates that the absolutism of the Saudi monarchy and its failure to empower a national legislative assembly compromise whatever commitment to the rule of law that country possesses.>" -Owen Fiss, Sterling Professor Emeritus of Law at Yale University<"The Normalization of Saudi Law contains an illuminating discussion of the laws of Saudi Arabia. There is a masterly treatment of the fields of substantive Saudi law drawing from an analysis of civil, criminal, family, real property and commercial law. One novel feature is that Chibli Mallat discusses how Saudi judges apply the law in practice by reference to reported cases. It is of significance to legal scholars and practitioners alike and a welcome first of its kind.>" -Michael Crystal QC<"The Normalization of Saudi Law reveals an unprecedented field of work, that of Saudi law, based on the study of thousands of judgments. It facilitates an understanding of the current developments towards a <"normalization>" of Saudi law and shows, through the courts' application of justice, how Saudi society actually functions. It is an essential book, not only for the study of law, but for understanding present-day Saudi Arabia.>" -Professor Henry Laurens, College de FranceTable of ContentsMap, Charts, Figures Preface Acknowledgments Table of Authorities Map Chapter 1. Introduction PART ONE NORMS AND SOURCES Chapter 2. The Epiphany of Saudi Law Chapter 3. Blackletter Law. A Primer on Courts, Format, Evidence, Sources PART TWO NORMS AS COMMON LAW Chapter 4. Civil Law I Contracts Chapter 5. Civil Law II Torts Chapter 6. Criminal Law I Procedure and Hadd Chapter 7. Criminal Law II: Ta'zir and "Everything Else" Chapter 8. Family Law: The Saudi Hanbali Exception PART THREE NORMALIZATION BY STATUTE Chapter 9. Real Property Chapter 10. Diwan Al- Mazalem: A Court for All Seasons Chapter 11. From Diwan Al- Mazalem to Commercial Courts: A Unified Theory of Remedies Chapter 12. Companies and Corporate Governance Chapter 13. Insolvency, Banking, the Stock Market PART FOUR THE LIMITS OF NORMALIZATION Chapter 14. Constitutional Law Chapter 15. Human Rights Chapter 16. Epilogue Bibliography
£136.79
Oxford University Press Inc Democracy and Equality
Book SynopsisFrom 1953 to 1969, the Supreme Court under Chief Justice Earl Warren brought about many of the proudest achievements of American constitutional law. The Warren declared racial segregation and laws forbidding interracial marriage to be unconstitutional; it expanded the right of citizens to criticize public officials; it held school prayer unconstitutional; and it ruled that people accused of a crime must be given a lawyer even if they can''t afford one. Yet, despite those and other achievements, conservative critics have fiercely accused the justices of the Warren Court of abusing their authority by supposedly imposing their own opinions on the nation.As the eminent legal scholars Geoffrey R. Stone and David A. Strauss demonstrate in Democracy and Equality, the Warren Court''s approach to the Constitution was consistent with the most basic values of our Constitution and with the most fundamental responsibilities of our judiciary. Stone and Strauss describer the Warren Court''s extraordinary achievements by reviewing its jurisprudence across a range of issues addressing our nation''s commitment to the values of democracy and equality. In each chapter, they tell the story of a critical decision, exploring the historical and legal context of each case, the Court''s reasoning, and how the justices of the Warren Court fulfilled the Court''s most important responsibilities. This powerfully argued evaluation of the Warren Court''s legacy, in commemoration of the 50th anniversary of the end of the Warren Court, both celebrates and defends the Warren Court''s achievements against almost sixty-five years of unrelenting and unwarranted attacks by conservatives. It demonstrates not only why the Warren Court''s approach to constitutional interpretation was correct and admirable, but also why the approach of the Warren Court was far superior to that of the increasingly conservative justices who have dominated the Supreme Court over the past half-century.Trade Review"A full-throated, lucid, and utterly persuasive defense of the Warren Court and the constitutional principles it established: equality, liberty, dignity, and democracy. Stone and Strauss remind us of what constitutional law does at its best." -- David Cole, National Legal Director, ACLU, and author of Engines of Liberty "Most of what we think about with respect to the Warren Court comes in the size and shapes of legal cartoons. Even some serious scholars on the right and left dismiss the landmark cases that emerged from that court as the work of unmoored ideologues, legislating from the bench. In this eminently readable book, Geoffrey Stone and David Strauss, offer up a primer on the craft and methodology of the jurists who gave us the scaffolding of today's desegregation, criminal justice, voting rights and free speech landscape. They prove that these signal achievements were not rooted in fanciful ideas; they are the very constitutional air we breathe, and they are under threat, now as never before. Only through this sober and deeply researched understanding of what the Warren Court did and how it was done, can we continue to fight for the vision of equality and fairness that it put into practice."--Dahlia Lithwick, Senior Legal Editor, Slate "In a time when it has become all too fashionable to treat the work of the Warren Court as having diminishing relevance-and to treat that era's legal doctrines as reflecting an unduly ambitious view of the role courts can play in securing justice and protecting representative government-Democracy and Equality offers a breath of fresh air. This eminently readable narrative brilliantly illuminates the possibilities still latent in our founding document by focusing on a dozen great controversies that the Court under Earl Warren resolved in a humane and progressive way while remaining faithful to the aspirations underlying our founding and animating the rebirth of the republic."--Laurence H. Tribe, Carl M. Loeb University Professor and Professor of Constitutional Law, Harvard Law School "In this wonderfully accessible book, Stone and Strauss take on the perennial claim that the Warren Court represents judicial 'activism' run amok. As they convincingly argue, although the Warren Court completely transformed the American legal landscape, it did so in ways that were entirely consistent with the logic and values of the Constitution and democratic society. Today, as we struggle to realize 'a more perfect Union,' Strauss and Stone's powerful insights are both urgent and invaluable."--Melissa Murray, Frederick I. and Grace Stokes Professor of Law, NYU School of Law "A clear and very useful primer for the lay audience, but it is also informative and provocative for the seasoned constitutional lawyer... This is an important and interesting book for all of us."--Law360 "An excellent book... a worthy addition to those works that have explored the Supreme Court's history and impact on our country."--Chicago Daily Law Bulletin "Engaging and enlightening."--The American ProspectTable of ContentsIntroduction Chapter 1:Brown v. Board of Education (1954) Chapter 2: Mapp v. Ohio (1961) Chapter 3: Engel v. Vitale (1962) Chapter 4: Gideon v. Wainwright (1963) Chapter 5: New York Times v. Sullivan (1964) Chapter 6: Reynolds v. Sims (1964) Chapter 7: Griswold v. Connecticut (1965) Chapter 8: Miranda v. Arizona (1966) Chapter 9: Loving v. Virginia (1967) Chapter 10: Katz v. United States (1967) Chapter 11: Shapiro v. Thomson (1969) Chapter 12: Brandenburg v. Ohio (1969) Notes Bibliography
£22.39
Oxford University Press The Pursuit of Justice
Book SynopsisWith a survey of the thirty Supreme Court cases that, in the opinion of U.S. Supreme Court justices and leading civics educators and legal historians, are the most important for American citizens to understand, The Pursuit of Justice is the perfect companion for those wishing to learn more about American civics and government. The cases range across three centuries of American history, including such landmarks as Marbury v. Madison (1803), which established the principle of judicial review; Scott v. Sandford (1857), which inflamed the slavery argument in the United States and led to the Civil War; Plessy v. Ferguson (1896), which memorialized the concept of separate but equal; and Brown v. Board of Education (1954), which overturned Plessy. Dealing with issues of particular concern to students, such as voting, school prayer, search and seizure, and affirmative action, and broad democratic concepts such as separation of powers, federalism, and separation of church and state, the book co
£19.94
Oxford University Press A Court of Specialists
Book SynopsisThis book offers the first quantitative study of decision-making on the UK Supreme Court. Covering the court''s first ten years, it examines all stages of the court''s decision-making process--from permission to appeal to the decision on the final outcome. The analysis of these distinct stages shows that legal factors matter. The most important predictor of whether an appellant will succeed in the Supreme Court is whether they''ve been able to convince judges in lower courts. The most important predictor of whether a case will be heard at all is whether it has been written up in multiple weekly law reports.But legal factors mattering doesn''t mean that judges on the court are simply identical expressions of the law. The nature of the UK''s court system means that judges arrive on the court as specialists in one or more areas of law (such as commercial law or family law), or even systems of law (the court''s Scottish and Northern Irish judges). These specialisms markedly affect behavior on the court. Specialists in an area of law are more likely to hear cases in that area, and are more likely to write the lead opinion in that area. Non-specialists are less likely to disagree with specialists, and so disagreement is more likely to emerge when multiple specialists end up on the panel. Although political divisions between the justices do exist, these differences are much less marked than the divisions between experts in different areas of the law. The best way of understanding the UK Supreme Court is therefore to see it as a court of specialists.Trade ReviewHanretty's A Court of Specialists paints a picture of the complexity of human decision-making and how political science identifies what factors might influence future judicial outcomes. Specialisation of the Justices is just one such factor, but a very important one. It is a commendable read: detailed, interesting and retaining a charming human touch, amidst the impressive presentation of data models. One can easily become immersed in the statistics, figures and models, but the human importance of the Court's work is never far from reach. * Emma Boffey, CMS Cameron McKenna Nabarro Olswang LLP , UK Supreme Court Blog *The book is a brave attempt to provide statistical evidence showing that Supreme Court judgments are much more influenced by legal factors than by other factors... it is a thoroughly rigorous piece of research that deserves a wide readership. * Brice Dickson, Professor Emeritus at Queen's University Belfast, New Law Journal *Hanretty is not a lawyer, and so is able to look at these things with a fresh and potentially objective eye. Whether he is right in his methods or conclusions is perhaps of secondary importance: the point is that he makes us look at the court through a different lens. * Paul Magrath, Head of Product Development and Online Content at ICLR - the leading supplier of law reports for England and Wales, ICLR Reviews *A Court of Specialists Judicial Behavior on the UK Supreme Court is an important and novel book that students and scholars of judicial decision making should read. * Jennifer Bowie, Law and Politics Book Review *Table of ContentsPreface Chapter 1 Introduction Chapter 2 Key concepts Chapter 3 Who gets heard? Permission to appeal decisions Chapter 4 Panel size Chapter 5 Panel formation Chapter 6 Who writes? Chapter 7 Who dissents? Chapter 8 Political patterns of dissent Chapter 9 Who wins? Chapter 10 Conclusions References
£83.30
Oxford University Press Wade Forsyths Administrative Law
Book SynopsisWade & Forsyth's Administrative Law is the definitive account of the principles of judicial review and the administrative arrangements of the United Kingdom. Firmly established among the foremost rank of legal textbooks, it stands unparalleled in both scope and detail.Trade ReviewThis is a classic text. Very highly regarded, authoritative in analysis and comprehensive in its coverage. I've enjoyed successive editions over the years and always get a copy for research purposes. * Robert Thomas, Professor of Public Law, University of Manchester *Table of ContentsPart I. Introduction 1: Introduction 2: Constitutional foundations of the powers of the courts Part II. Authorities and functions 3: The central government 4: Local and devolved government 5: Public corporations, privatisation and regulation Part III. European influences 6: The European Union 7: Personal rights and freedoms Part IV. Powers and jurisdiction 8: Jurisdiction over fact and law 9: Problems of invalidity Part V. Discretionary power 10: Retention of discretion 11: Abuse of discretion Part VI. Natural justice 12: Natural justice and legal justice 13: The rule against bias 14: The right to a fair hearing Part VII. Remedies and liability 15: Ordinary remedies 16: Prerogative remedies 17: Boundaries of judicial review 18: Procedure of judicial review 19: Restrictions of remedies 20: Liability of public authorities 21: Crown proceedings Part VIII. Administrative legislation and adjudication 22: Delegated legislation 23: Statutory tribunals 24: Statutory and other inquiries
£47.49
Oxford University Press Administrative Justice Fin de siècle Early
Book SynopsisAdministrative law permeates all area of law, and this series focuses on its role both regionally and globally. This volume focuses on the historical trajectory and developmental legacies of six legal systems from 1809-1910, and how they affect the administrative laws and legal institutions in place today.Table of ContentsIntroduction 1: Giacinto della Cananea: Commonality and Diversity in Administrative Justice: Fin de siècle The Legal Systems Selected for Comparative Analysis 2: Angela Ferrari Zumbini: Standards of Judicial Review of Administrative Action in the Austro-Hungarian Empire 3: Yseult Marique: The Administration and the Judge: Pragmatism in Belgian Case Law 4: Jérémy Mercier: The Judicial Elaboration of Standards for Public Administrations in France 5: Lilly Weidemann: Standards of Judicial Review of Administrative Action in the German Empire 6: Alessandra Bassani: Initial Investigation on Excess of Power: Judicial Review of Administrative Action in Italy 7: Conor McCormick: The Historical Foundations of Judicial Review in the United Kingdom Comparative Studies 8: Leopoldo A Moscoso: Liberal Democracies and the Control of Virtue: The Weakening of Representative Regimes and the Expansion of the Judiciary 9: Luca De Lucia: Judicial Review of Administrative Action: A Brief Comparison between the Austro-Hungarian and German Empires 10: Robert Thomas: The Development of Administrative Law in the United Kingdom 11: Marco Mazzamuto: The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and 'Jurisdictionalisation' of Administrative Justice in the 19th Century 12: Stefano Mannoni: The Administrative World of Yesterday
£105.00
Oxford University Press A Practical Approach to Local Government Law
Book SynopsisThe A Practical Approach series is the perfect partner for practice work. Each title focuses on one field of the law and provides a comprehensive overview of the subject together with clear, practical advice and tips on issues likely to arise in practice. The books are also an excellent resource for those new to the law, where the expert overview and clear layout promotes clarity and ease of understanding.This second edition of A Practical Approach to Local Government Law provides comprehensive coverage of the rull range of law and legislation relating to local government and local authorities. Since the first edition published in 1997, there have been significant legislative changes in the field of local government, including the enactment of the Local Government Act 2003 and the new Capital Finance Rules brought into force in April 2004. This new edition takes these changes fully into account, and covers the increasingly key areas of; partnerships and joint ventures; procurement; freTable of ContentsAPPENDIX 1 - EXEMPT INFORMATION (SCHEDULE 12A LOCAL GOVERNMENT ACT 1972); APPENDIX 2 - COMPULSORY PURCHASE ORDER PROCEDURE (ACQUISITION OF LAND ACT 1981); APPENDIX 3 - PRINICIPLES ON WHICH COMPENSATION FOR A COMPULSORY PURCHASE ORDER IS ASSESSED (LAND COMPENSATION ACT 1961); APPENDIX 4 - CHECKLIST FOR JUDICIAL REVIEW; APPENDIX 5 - THE EUROPEAN CONVENTION ON HUMAN RIGHTS; APPENDIX 6 - SPECIMEN CERTIFICATE ISSUED UNDER SECTION 3 OF THE LOCAL GOVERNMENT (CONTRACTS) ACT 1997 (THE "ACT"); APPENDIX 7 - BYATT RECOMMENDATIONS; APPENDIX 8 - DUTY OF CARE SUMMARY
£86.00
The University of Chicago Press Justice Scalia Rhetoric and the Rule of Law
Book SynopsisJustice Antonin Scalia (1936-2016) was the single most important figure in the emergence of the new originalist interpretation of the US Constitution, which sought to anchor the court's interpretation of the Constitution to the ordinary meaning of the words at the time of drafting. For Scalia, the meaning of constitutional provisions and statutes was rigidly fixed by their original meanings with little concern for extratextual considerations. While some lauded his uncompromising principles, others argued that such a rigid view of the Constitution both denies and attempts to limit the discretion of judges in ways that damage and distort our system of law. In this edited collection, leading scholars from law, political science, philosophy, rhetoric, and linguistics look at the ways Scalia framed and stated his arguments. Focusing on rhetorical strategies rather than the logic or validity of Scalia's legal arguments, the contributors collectively reveal that Scalia enacted his rigidly
£29.45
Harvard University Press Eurolegalism
Book SynopsisDespite western Europe’s traditional disdain for the United States’ “adversarial legalism,” the European Union is shifting toward a similar approach to the law, according to Daniel Kelemen. Coining the term “eurolegalism” to describe the hybrid, he shows how the political and organizational realities of the EU make this shift inevitable.Trade ReviewThis clearly argued and exhaustively researched book makes an important and original contribution to our understanding of the legal impact of the EU. It deserves to be carefully read not only by those interested in the development of European institutions, but by students of comparative legal studies. -- David Vogel, Haas School of Business, University of California, BerkeleyEurolegalism is one of the most important books ever written on the European Court of Justice and the European Union's legal system. It may, in fact, be the best book. -- Alec Stone Sweet, Yale Law SchoolThis book…serves as a useful introduction to the subject. And by demonstrating the flexibility and sophistication of European law, it poses a challenge to skeptics who, perhaps encouraged by recent headlines, believe that the EU is an insubstantial and inessential organization likely to collapse in the face of economic crisis. -- Andrew Moravcsik * Foreign Affairs *Eurolegalism thoughtfully applies Robert A. Kagan's concept of 'adversarial legalism' to the EU and its evolving legal institutions. This clearly written, up-to-date volume does an excellent job of arguing that the EU's fragmented political structures and ambitious policy objectives lead to coordination and enforcement by courts (especially the European Court of Justice) that rely on detailed regulations in place of the old model of national regulators that rely on ongoing but informal relationships… Eurolegalism is a boon to scholars and teachers of comparative law and law and society. -- J. D. Marshall * Choice *The book is quite simply wonderful. Kelemen weaves together clear concepts, big macro level changes, and a deep understanding of EU politics and the regulatory politics in the issue areas he studies. The book is of obvious interest for scholars interested in the globalization of law, the rise of adversarial legalism, administrative law in Europe, European integration, and securities regulation, competition policy, and disability rights politics. But the book should also have a larger resonance. -- Karen Alter * Common Market Law Review *What Daniel Kelemen shows is that this legal tide is both qualitatively different from previous law-making and, paradoxically, given the expressed intent of most European policymakers to avoid U.S.-style litigation practices, is distinctly American in style. -- Andy Tarrant * European Voice *Kelemen's ambitious survey of the spread of adversarial legalism across Europe offers a compelling account of the way in which the EU's instrumentalisation of litigation as a regulatory technique has transformed the European legal field. -- Anne Orford * Modern Law Review *R. Daniel Kelemen has written a superb book that deserves wide readership… It will obviously interest students of the European Union. Kelemen's arguments, however, transcend the book's subject matter. They simultaneously engage fundamental issues concerning the relationship between law and society as well as macro-level theories of state-building and judicialization. Oddly enough, this book merits attention from socio-legal scholars with an interest in the ways in which legal rules shape human behavior and comparativist political scientists who are interested in large-scale processes of political development. -- Rhonda Evans Case * Tulsa Law Review *European studies specialists, comparative legal scholars, and political economists will find this a fascinating read. Given that legalization processes are increasingly defining politics around the globe, Kelemen's book is without a doubt essential reading for our time. -- Rachel Cichowski * Governance *
£44.76
Harvard University Press Law and Legitimacy in the Supreme Court
Book SynopsisRichard Fallon offers theories of constitutional law and judicial legitimacy that accept many tenets of legal realism but reject its corrosive cynicism. Based on an ideal of good faith, his account both illuminates current practice and prescribes urgently needed responses to a legitimacy crisis in which the Supreme Court is increasingly enmeshed.Trade ReviewVery careful, meticulously researched and referenced, balanced in its treatment of issues, fair to opposing positions, and successful in offering a subtle and nuanced perspective that takes multiple considerations into account, Fallon's treatment of the varieties of legitimacy, of the role of precedent, and of questions of official obedience to Supreme Court rulings will make useful contributions to the now existing literature. -- Frederick Schauer, University of Virginia School of LawThis book stands head and shoulders above the competition in the graceful and insightful way in which it combines Fallon's well-known mastery of constitutional law and practice and his ability to grasp and deploy a deep understanding of the work that philosophy can contribute to constitutional understanding. -- Jeremy Waldron, author of One Another's Equals: The Basis of Human EqualityThoughtful and timely…Fallon wisely argues for a conception of legitimate judicial decision-making in which we accept that law is influenced by political, practical, and moral considerations, even as we strive to ensure it is not dominated by them. -- Amanda Frost * SCOTUSblog *Practical and philosophical, Fallon’s book prompts readers to revisit constitutional theories in a fresh and valuable way. -- C. Shortell * Choice *
£32.26
Harvard University Press Rationing the Constitution
Book SynopsisCompared to the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Andrew Coan shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law.Trade ReviewIf you are tired of conventional debates about constitutional law, you will find Andrew Coan’s new book a delight. It is full of insight about the structures that produce constitutional law yet remain in the background of standard doctrinal and theoretical debates. Institutional facts matter in constitutional law. Coan’s book shows why they are so very important. -- Victoria Nourse, Georgetown University Law CenterTwo centuries into our American constitutional experiment, rarely does a book force us both to rethink old issues and to confront important issues we had never even considered. Rationing the Constitution is such a book—part theoretical, part empirical, all fantastic. -- David Fontana, George Washington University Law SchoolAndrew Coan’s focus is unconventional, and the result is erudite and creative. He turns the orb of constitutional law to reveal fresh and important insights. This book constitutes a major contribution to the comparative institutional analysis of constitutional law. -- Neil Komesar, University of Wisconsin Law SchoolAndrew Coan’s book is a clearly written and intellectually impressive effort to systematically work out the implications of the consequentialist approach to constitutional adjudication and interpretation by the Supreme Court. Agree or disagree, it will become one of the standard references in this debate. -- Adrian Vermeule, Harvard Law SchoolThrough a detailed examination of the Court’s jurisprudential responses to its limited institutional capacity, Coan offers a roadmap for practitioners, academics, and activists to understand how the Court will respond to future constitutional issues. * Harvard Law Review *
£31.41
Cambridge University Press The Cambridge Handbook of Judicial Control of
Book SynopsisThis handbook is a must read for academics, arbitrators, practitioners, and students interested in a comparative analysis of the convergence and divergence of national and international commercial arbitration rules. The core areas of focus include the enforcement and vacation of arbitral awards and the interpretation of arbitration agreements.Trade Review'The most valuable feature of this excellent work is that it will be a very efficient and reliable source of information for lawyers coming from jurisdictions having different laws and practices on topics of great importance in the contemporary world of international arbitration. This will be a notable contribution to further development of this way of dispute settlement.' Professor Alexander S. Komarov, Member of the Presidium of the International Commercial Arbitration Court at the Chamber of Commerce and Industry of the Russian Federation'This valuable new sourcebook provides a detailed look at the zones of intersection between state courts and arbitration including conflicts of interest, arbitrator misconduct, and the enforcement of arbitration agreements and awards. A notable feature of the book is the country reports on judicial control of arbitration in 15 major jurisdictions. The book will prove to be a useful reference for practitioners and a source of rich insights for students and scholars of comparative international law. I highly recommend it.' Dr. Michael Moser, Twenty Essex Chambers, Past Chairman, Hong Kong International Arbitration Centre'The intersection between arbitration and courts is at a procedural crossroad that is critically relevant in both theory and practice. The analyses collected in this book offer a unique and invaluable guidance to those who find themselves at this intersection.' Tibor Várady, Emeritus Professor Emory University and Emeritus Professor Central European University'… the book is an interesting and enlightening collection of essays and will be of value to practitioners, scholars, and students looking for specific guidance on discrete issues as well as a broad overview of the international arbitration universe.' Michail Risvas, Journal of World Investment & TradeTable of ContentsPart I. Vacating Commercial Arbitration Awards: 1. Introduction: Intersection of courts and arbitration Marta Infantino, Nathalie Potin and Larry A. Dimatteo; 2. Independence and impartiality of arbitrators Carlos Matheus López; 3. Exploring the parameters of conflicts of interest Nathalie Potin and Tunde Ogunseitan; 4. Procedural irregularities and misconduct during proceedings Alexander Belohlavek; Part II. Enforcing Commercial Arbitration Awards: 5. Inter-arbitration association conflict Richard Happ; 6. Requirements for enforceability Daìrio Manuel Lentz De Moura Vicente; Part III. Scope and Interpretation of Arbitration Clauses: 7. Judicial interpretation of standard clauses Rocio Digon and Tony Cole; 8. Industry-specific clauses and their interpretation Alexandra-Luiza Ionescu (Mareș); 9. Drafting, interpretation, and enforcement of arbitration clauses: a practitioner's perspective Philippe Cavalieros; Part IV. Judicial Control over Arbitral Awards: Country Reports: 10. Judicial control of arbitral awards in Argentina Maria Beatriz Burghetto; 11. Judicial control of arbitral awards in Australia Luke Nottage, Nobumichi Teramura and Jim Morrison; 12. Judicial control of arbitral awards in Bulgaria Oleg Temnikov; 13. Judicial control of arbitral awards in China Lei Chen and Wang Hao; 14. Judicial control of arbitral awards in France Denis Bensaude; 15. Judicial control of arbitral awards in Germany Joseph Schwartz; 16. Judicial control of arbitral awards in Italy Marta Infantino; 17 Judicial control of arbitral awards in Nigeria Tunde Ogunseitan and Nathalie Potin; 18. Judicial control of arbitral awards in Poland Jerzy Pisuliński and Piotr Tereszkiewicz; 19. Judicial control of arbitral awards in the Russian Federation Dmitry Dozhdzev; 20. Judicial control of arbitral awards in Spain Teresa Rodriguez De Las Heras Ballell; 21. Judicial control of arbitral awards in Switzerland Phillip Landolt; 22. Judicial control of arbitral awards in Ukraine Galyna Mykhailiuk; 23. Judicial control of arbitral awards in United Kingdom Andrew Tetley; 24. Judicial control of arbitral awards in the United States Larry A. Dimatteo; Part V. Summary and Findings: 25. Divergence, themes, and trends in national arbitration laws Nathalie Potin, Marta Infantino and Larry A. Dimatteo; 26. Shared control system over arbitral proceedings Friedrich Rosenfeld.
£26.59
Edward Elgar Publishing Ltd Renmin Chinese Law Review
Book SynopsisRenmin Chinese Law Review, Volume 10 is the tenth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Table of ContentsContents: 1 Juristic acts, public order and good morals 1 Dai Mengyong 2 Legal rhetoric as a technology to construct the social community 33 Li Sheng 3 Discovering the invisible facts: the use of social science knowledge in judicial practice 58 Zhang Jianyuan 4 Procuratorial organs in national governance system: organizational environment and legal theory structure 83 Liang Hongfei 5 On the diffraction effect of grassroots law enforcement: from the perspective of ecology 114 Liang Yongcheng 6 Introspection on the logic of theory of organizational control in criminal law 146 Yuan Guohe 7 Identification of terrorism in criminal law 171 Jian Kunyi 8 Clarification and application of necessity impeding liabilities: From the perspective of murder committed by female victims of domestic violence 197 Kui Jia 9 Private law interpretation of smart contracts 227 Wu Ye 10 The status and determination of ‘trademark use’ in trademark infringement 250 Lv Bingbin 11 The framework of equal protection analysis in America 278 Liu Jianlong Index
£99.75
Edward Elgar Publishing Ltd Constitutional Precedent in US Supreme Court
Book SynopsisTrade Review‘Schultz offers a timely book on the importance, history, and uses of legal precedent, especially in Supreme Court cases. This book is especially timely because Schultz uses the Supreme Court nominations of Brett Kavanaugh and Amy Coney Barrett to discuss the shift in precedent during the Roberts Court, especially regarding Roe v Wade prior to its post-publication overturning in June 2022. Summing Up: Highly recommended. Undergraduates and general readers.’ -- T.T. Gibson, CHOICE‘Students and scholars alike will find a trove of materials on how the US Supreme Court has treated its own precedents over the past 230 years. Never has this been more important than today, as a newly empowered conservative majority is poised to reconsider the rulings of the past.’ -- Daniel Farber, University of California, Berkeley, US‘The book clearly explains genesis and the role of legal precedent in the construction of American law. What is extremely interesting, that David Schulz in a very convenient way shows us how the precedents are set, how they are modified, and what is a role of judges, especially of chief justices, for the ideology and the content of the court’s decisions.’ -- Dalia Vasarienė, Mykolas Romeris University, Lithuania and The Supreme Court of LithuaniaTable of ContentsContents: Introduction: The nature of legal precedent in American law 1. Jay to Vinson Courts 2. The Warren Court 3. The Burger Court 4. The Rehnquist Court 5.The Roberts Court Index
£22.75
Strossmere Books The Nature of the Judicial Process With Notes
£13.86
Bloomsbury Publishing PLC Judicial Review of Commercial Contracts: A
Book SynopsisThis book presents a broad survey of standards for the judicial control of B2B contract terms in different legal systems. Each chapter analyses in great detail the regulatory framework and the general principles that govern the judicial control of B2B contracts in a specific country, in particular the relevant standards for the judicial scrutiny of clauses and the resulting legal consequences thereof. Providing first-hand information with a focus on practical relevance from authors who specialise in the judicial control of contracts in their respective legal systems, this book is of particular value for lawyers who advise their clients in international business transactions and anyone interested in comparative contract law. The list of countries includes Austria, the Czech Republic, Denmark, England, Estonia, Finland, France, Germany, Italy, the Netherlands, Poland, Portugal, Romania, Spain, Switzerland, Sweden and Taiwan.
£180.50
Lawbook Exchange, Ltd. Law is Justice: Notable Opinions of Mr. Justice Cardozo
£23.95
American Bar Association Blindfolds Off: Judges On How They
Book SynopsisRemarkably little is known to the general public, or even to the practicing legal profession, about judges-how they decide cases, how they allocate work between staff and themselves, their work ethic, their psychology, the extralegal influences that play on them. This important new book penetrates that veil of secrecy with thirteen interviews tape recorded in the chambers of the respective judges. The author, Mr. Joel Cohen, who practices at Stroock & Stroock & Lavan, LLP in New York, is a skillful and tenacious, though invariably courteous, interviewer. He has picked as the interviewees federal district judges who have presided in famous, publicity-attracting cases, cases most likely to challenge a judge's fidelity to a passive, formalistic-which is to say traditional-mode of judicial decision making, and he has focused the interviews on those cases. The book features selected specific, well known cases for the free-flowing dialogues which follow, from the thousands of cases to which these thirteen judges have been assigned. These are cases which have raised critical questions about justice, policy, precedent and the law and the way in which the currents and tides of their lives and of our ever-changing society have influenced those rulings. You'll discover if the judges have been open, even aware, of what experiences have influenced their rulings, and where judges acknowledge awareness of these potential influences-of their "priors" as Judge Posner would articulate it-are they fully candid, to themselves and others, about whether, and to what degree, it has informed their rulings? Or have they contrarily decided, after inwardly acknowledging the "awareness," that they can or did fairly decide the case, so that they needn't publicly reveal themselves? If you are even remotely curious about how judges make decisions, this book provides some eye-opening interviews that will shed light on their decision-making process.Trade ReviewIn Blindfolds Off: Judges on How They Decide (American Bar Association), Joel Cohen doggedly strips the veil from the bloodless effigy of justice in 13 remarkably revealing interviews with federal jurists from New York and elsewhere. Mr. Cohen tactfully but tenaciously demonstrates his skills as a white-collar criminal defense lawyer with Stroock & Stroock & Lavan in a Q.-and-A. format punctuated by rare insight into the brainstorming process behind the proverbial blindfold. -- Sam Roberts The New York Times Blindfolds Off is a surprising, fascinating and unusually candid examination of what judges think-told in their own words. -- Jeffrey Toobin, author of The Nine and The Oath The New Yorker Joel Cohen's brilliant book Blindfolds Off is an essential guide to one of the best kept secrets of our legal system: namely that it is we the public, rather than the judges, who are wearing the blindfolds. Judges make their decisions in secret, and the processes they use to decide are also secret. This book, which exposes these secrets, is an essential tool of democracy, visibility and accountability. -- Alan M. Dershowitz, professor, Harvard Law School; author of Taking the Stand: My Life in the Law For every lawyer, law student and even judge who wonders what judges really think when deciding a case, this book will be a revelation. Cohen is a skillful and dogged interlocutor and his judges are surprisingly candid and realistic. Blindfolds Off gives you the opportunity to listen in on judicial thinking in one high profile case after another. -- Dahlia Lithwick, Senior Editor, slate.com Slate Blindfolds Off takes a revealing and fascinating look at what judges bring to their cases and how they decide them. In no-holds-barred interviews-cross-examinations might be a better term-of federal judges about significant and highly controversial cases that came before them, the role of the judiciary is explored in an engaging and arresting manner. -- Floyd Abrams, Cahill Gordon & Reindel LLP
£18.99
Nova Science Publishers Inc Judge Merrick Garland: Judicial Opinions &
Book SynopsisOn 16 March 2016, President Obama nominated Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) to fill the vacancy on the Supreme Court created by the unexpected death of Justice Antonin Scalia in February. Judge Garland was appointed to the D.C. Circuit by President Clinton in 1997, and is currently its chief judge, an administrative position that rotates among the active judges on the circuit. Prior to his appointment to the bench, Judge Garland served in the Criminal Division of the U.S. Department of Justice, where he notably oversaw the prosecution of the 1995 Oklahoma City bombing case, as well as other cases. It remains to be seen whether or how the Senate might proceed in considering Judge Garlands nomination; however, the nomination remains effective until it is withdrawn or this term of Congress ends, whichever occurs first. This book provides an overview of Judge Garlands jurisprudence and discusses what the impact on the Court might be if he, or a judge of a similar judicial approach, were to be confirmed to succeed Justice Scalia.
£138.39
Edward Elgar Publishing Judicial Review in the European Union
Book Synopsis
£225.59
LexisNexis UK Judicial Review: A Practical Guide
Book SynopsisJudicial Review: A Practical Guide is a handbook which aims to be a first port of call in all matters concerning judicial review applications, whether in civil or criminal proceedings. This new edition has been significantly amended to take account of the following developments in law and practice, including: * Development of the Unified Tribunal system with transfers of judicial reviews * Regionalisation of Administrative Court * Clear development of mistake of fact as a mistake of law * Increasing understanding of the impact of the Human Rights Act * Limitations upon judicial review in the context of immigration * Ongoing case-law developments * Changes to Appeals (CPR Pt 52) * Developments in costs and funding In addition to the authors'' commentary, Judicial Review: A Practical Guide contains over 20 precedents covering all aspects of the litigation process, together with all the main legislative and judicial materials.
£158.65
Edward Elgar Publishing Ltd Judicial Cooperation in European Private Law
Book SynopsisNotwithstanding increases in the scope for interaction between European and national courts, little research has been undertaken into the potential impact of institutional cooperation and dialogue in European private law making. This coherent collection of original chapters provides unique insights into these developments - with a particular focus on consumer law, and changes in national civil procedure via substantive law enforcement - from a broad range of stakeholders, including academics and judges from the EU and the US. Dialogue of both a vertical (between national and European courts) and horizontal (between national courts) nature is visible in the growing number of preliminary references to the CJEU in European private law. Combined with activism on the part of national courts and the growing importance of regulators, this dialogue brings about new forms of development of European private law. This book offers a case-based analysis of these processes, highlighting the need to focus on the instruments of dialogue and cooperation, and pressing beyond the prevailing focus on constitutional dialogue to reveal a new perspective on the private law sphere. Judicial Cooperation in European Private Law will appeal to scholars, students, practising lawyers and judges interested in the creation and development of European private law at both national and EU levels.Contributors include: F. Cafaggi, A.C. Ciacchi, F. Gómez Pomar, M. Józon, S. Law, K. Lyczkowska, M. Safjan, A.J. Scirica, C. TimmermansTrade Review'In 2014, the European Commission proposal for an optional European sales law was withdrawn. Meanwhile, the discussion of a European private law has become very successful. The existing acquis has been supplemented by a wealth of case law. This has resulted in an intensive dialogue of national courts, the Court of Justice of the European Union and the European Court of Human Rights. In this book, the recent arrival on the scene of European and national regulators is welcomed and analysed.' --Ewoud Hondius, University of Utrecht, the NetherlandsTable of ContentsContents: 1. Judicial dialogue in European private law: introductory remarks Fabrizio Cafaggi and Stephanie Law 2. Looking Behind the Scene of Judicial Cooperation in Preliminary Procedures Christiaan Timmermans 3. Fields of Application of the Charter of Fundamental Rights and Constitutional Dialogues in the European Union Marak Safjan 4. The Structure of US Federal and State Courts and Mechanisms for Formal and Informal Resolution of Conflicts Anthony J. Scirica 5. Spanish Courts, the European Court and Consumer Law: Some Thoughts on their Interaction Fernando Gómez Pomar and Karolina Lyczkowska 6. The Methodology of Judicial Cooperation in Unfair Contract Terms Law Mónika Józon 7. The CJEU’s Interpretation of the Consumer: What Significance of Judicial Cooperation? Stephanie Law 8. European fundamental rights and private litigations: judicial dialogue and judicial governance Aurelia Colombi Ciacchi 9. On the Transformations of European Consumer Enforcement Law: Judicial and Administrative Trialogues, Instruments and Effects Fabrizio Cafaggi Index
£105.00
Edward Elgar Publishing Ltd Renmin Chinese Law Review: Selected Papers of The
Book SynopsisRenmin Chinese Law Review, Volume 5 is the fifth work in a series of annual volumes on contemporary Chinese law which bring together the work of recognized scholars from China, offering a window on current legal research in China. Volume 5 gives detailed discussion and analysis on significant topical subjects such as regulation, public governance, fair trade practice and extra territoriality. Eminent contributors also address the areas of trademarks and patenting, urban planning, life insurance and criminal law. With an ever-increasing global interest in China's legal approach, this extensive and diverse work will appeal to scholars and professionals of Chinese law, society and politics, as well as members of diplomatic communities with an interest in Chinese law.Contributors include: F. Changjun, W. Fang, Y. Haichun, F. Hui, X. Jun, L. Lei, H. Peng, D. Qiangqiang, Q. TongHui, L. Yang, Q. Zhanwen, W. Zhiyuan, H. ZhongshunTable of ContentsContents: 1. The Contractual Status in Context of the Rule of Law in China: from Rational Regulation to Virtue Recognition QI Tonghui 2. Legal Methods, Legal Certainty and the Rule of Law Lei Lei 3. Populism Tendency in Public Governance and its Legal Resolutions – on the example of conflicts by the PX programs Feng Hui 4. The Hermeneutic Circle between Constitutional and Criminal Norms: The Conceptual Integration between Robbery Accompanied with Housebreaking in Criminal Law and the Right to Freedom in the Home in Constitutional Law Du Qiangqiang 5. Between ‘Public Interest’ and ‘Private Right’: Rethinking Criminal Illegality Cognition Theory Wang Zhiyuan 6. The Classical Cases of Necessity and the Difficult Problems of the Law He Peng 7. System on Air Space Utilization within Urban Planning Law Xiao Jun 8. Trade practice and unfair competition Fan Changjun 9. Suggestive construction on China’s use requirements for exercise of rights on registered trademarks – based on the corresponding legislations of the EU and its main Member States Wang Fang 10. Self-replicating Technology and the Application of Patent Exhaustion: Focusing on Genetically Modified Seeds Que Zhanwen 11. An Investigation into the Validity of the Life Insurance Contract without the Consent of the Insurant Yu Haichun 12. On the Combination of Public Interest Litigation and Private Interest Litigation and the Establishment of Group Litigation with Chinese Characteristics Huang Zhongshun 13. United States Court for China: An Alternative Mode of Extraterritoriality Li Yang Index
£121.00
Edward Elgar Publishing Ltd Comparative Judicial Review
Book SynopsisConstitutional courts around the world play an increasingly central role in day-to-day democratic governance. Yet scholars have only recently begun to develop the interdisciplinary analysis needed to understand this shift in the relationship of constitutional law to politics. This edited volume brings together leading scholars of constitutional law and politics to provide a comprehensive overview of judicial review, covering theories of its creation, mechanisms of its constraint, and its comparative applications, including theories of interpretation and doctrinal developments. This book serves as a single point of entry for legal scholars and practitioners interested in understanding the field of comparative judicial review in its broader political and social context. This book's comparative and interdisciplinary accounts of a phenomenon of worldwide significance and its advanced introduction to the origins, functions, and contours of judicial review make it both accessible and indispensable.Comparative Judicial Review should be considered essential reading for every graduate student, early career scholar, and constitutional law professor seeking to become more comparative in their approach.Contributors include: K.J. Alter, S.G. Calabresi, W.-C. Chang, E.F. Delaney, R. Dixon, L, Esptein, T. Ginsburg, J. Greene, A. Harel, R. Hirschl, S. Issacharoff, V. Jackson, T. Jacobi, R.A. Kagan, D. Kapiszewski, J. Knight, D. Landau, Y.-L. Lee, H. Lerner, S. Mittal, T. Roux, W. Sadurski, A. Shinar, G. Silverstein, K. Stilt, Y. Tew, M. Versteeg, S. Waheedi, B.R. Weingast, E. ZackinTrade Review'A more comprehensive or state-of-the-art advanced introduction to comparative judicial review is impossible to imagine. With authoritative but concise contributions from the leading comparative constitutionalists and political scientists in the field, this extraordinarily valuable volume takes an interdisciplinary, global, and transnational approach in addressing the key questions surrounding constitutional courts, and explores them with an unusual sensitivity to social and political context. A uniquely useful one-stop shop for students and scholars alike.' --Stephen Gardbaum, University of California, Los Angeles, School of Law, US'Our understanding of the institutions of constitutional/judicial review has deepened dramatically over the past generation. This collection of essays by some of the world's most sophisticated analysts of constitutional review provides an overview of what we know. It pushes the research agenda forward by using interesting and provocative theoretical perspectives - from law, political science, and normative political theory - on constitutional review to offer thoughtful new claims. Simultaneously a handbook and a valuable collection of new insights, Comparative Judicial Review deserves a place on the bookshelf of every serious scholar in the field.' --Mark Tushnet, Harvard Law School, USTable of ContentsContents: 1. Introduction Erin F. Delaney and Rosalind Dixon Part I The Origins and Functions of Judicial Review 2. The Real Case for Judicial Review Alon Harel and Adam Shinar 3. Constitutions as Political Insurance: Variants and Limits Rosalind Dixon and Tom Ginsburg 4. Comparative Constitutional Law as a Window on Democratic Institutions Samuel Issacharoff 5. The Origins and Growth of Judicial Enforcement Steven Gow Calabresi Part II The Political and Institutional Contexts for Judicial Review 6. Interpreting Constitutions in Divided Societies Hanna Lerner 7. Judicial Review in the Context of Constitutional Islam Salma Waheedi and Kristen Stilt 8. New Judicial Roles in Governance Robert A. Kagan, Diana Kapiszewski and Gordon Silverstein 9. Competition or Collaboration: Constitutional Review by Multiple Final Courts Wen-Chen Chang and Yi-Li Lee Part III The Stability and Effectiveness of Judicial Review 10. Judicial Review as a Self-Stabilizing Constitutional Mechanism Tonja Jacobi, Sonia Mittal and Barry R. Weingast 11. Losing Faith in Law’s Autonomy: A Comparative Analysis Theunis Roux 12. Courts and Support Structures: Beyond the Classic Narrative David Landau 13. National Perspectives on International Constitutional Review: Diverging Optics Karen J. Alter 14. Efficacious Judging on Apex Courts Lee Epstein and Jack Knight 15. Limiting Judicial Discretion Mila Versteeg and Emily Zackin Part IV Operationalizing Judicial Review: Typologies, Doctrines and Methodological Challenges 16. Beyond Europe and the United States: The Wide World of Judicial Review Virgílio Afonso da Silva 17. Judicial Review and Public Reason Wojciech Sadurski 18. Pockets of Proportionality: Choice and Necessity, Doctrine and Principle Vicki C. Jackson 19. Comparative Approaches to Constitutional History Jamal Greene and Yvonne Tew 20. Judicial Review and the Politics of Comparative Citations: Theory, Evidence and Methodological Challenges Ran Hirschl Index
£195.00
Edward Elgar Publishing Ltd Renmin Chinese Law Review: Selected Papers of The
Book SynopsisRenmin Chinese Law Review, Volume 6 is the sixth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.This book examines the study of Chinese law and the reality of legality and Chinese society. It provides chapters focusing on studies of recent developments in the areas of tax and financial governance, judicial reform, and commercial law. It also explores counterterrorism models in China as well as the logic, policy, and interpretation of 'the division of three rights'.This astute and contemporary work will be invaluable to scholars of Chinese law, society, and politics, and members of diplomatic communities as well as legal and governmental professionals interested in China.Contributors include: Y. Biao, Z. Changjun, S. Chen, Z. Daqi, L. Jun, H. Ming, X. Ruiyang, L. Tao, L. Xiang, W. Xin, W. Yilong, G. Yongliang, L. Zehua, J. ZihanTable of ContentsContents: 1. The Legal Logic, Policy Interpretation and Alternate System of “The Division of Three Rights” Wu Yilong 2. The Improvement of Reporting Standards Enforcement Mechanisms on Operator Mergers Xu Ruiyang 3. The Theoretical Basis and Localization of Advance Tax Rulings Zhu Daqi and Jiang Zihan 4. A New Review of the Economic System Clauses in the Chinese Constitution Li Xiang 5. Path Transformation in the Construction of Virtual Property Rules: From the Perspective of Research Paradigm Shen Chen 6. The Market Effects and Strategy Review of Advertising Governance-Data Analysis of the Chinese Pharmaceutical Industry Yang Biao 7. Priority Rules of Chattel Mortgages in China Long Jun 8. Judge Accountability and Reform of the Judicial Accountability System in China Zhou Changjun 9. Trial-centeredness, substantiation of court hearing and reform of the criminal justice system: an empirical research on court records and judgments in the People's Republic of China Hu Ming and Wang Xin 10. Proof Analysis and Rules Creation on DNA Expert Opinions Lyu Zehua 11. The Transition of Counter-Terrorism Model in China: From Elite Model to Participative Model Gao Yongliang 12. Legal Dogmatics in Systems Theory Liu Tao Index
£111.00
Edward Elgar Publishing Ltd Renmin Chinese Law Review: Selected Papers of The
Book SynopsisRenmin Chinese Law Review, Volume 7 is the seventh work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China. Volume 7 delivers new insights into a wide range of topics including compulsory commercial insurance systems, injurious acts in competitive sports, the trust mechanism in private law, and justification on local rule of law. Distinguished contributors also consider the regulation of performance requirements, the mode of criminal proof, and the meaning of silence in civil and commercial interactions as well as a number of other pertinent developments in Chinese law. Containing a diverse and contemporary collection of work, this study will appeal to academics and governmental professionals working in the fields of Chinese law, society, and politics in addition to members of diplomatic communities. Contributors include: G. Chen, M. Gu, L. Han, Y. Jin, Q. Liu, W. Luo, F. Ni, Y. Qian, Y. Shi, G. Sun, R. Sun, L. Wang, H. XuTable of ContentsContents: 1. The Trust Mechanism in Private Law: Fiduciary Duty and Good Faith as Examples Xu Huageng 2. On the Justification of Local Rule of Law: Based on the Jurisprudential Interpretation of Governing Autonomy Ni Fei 3. On the Concretization of Proportionality in the Narrower Sense Liu Quan 4. Interpretation of Constitutionality on Compulsory Commercial Insurance Systems Wang Liwan 5. Research on the Subordinate and Independent Character of the Judgment on Unlawfulness of Administrative Offences Sun Guoxiang 6. Justification and Boundary of Injurious Acts in Competitive Sports Qian Yeliu 7. Corroboration and Inference to the Best Explanation – Diversification of the Mode of Criminal Proof Luo Weipeng 8. On the ‘Time’ Presumption Rule of Joint Debt of Husband and Wife: Analysis of Article 24 of the ‘Marriage Law Interpretation II’ Sun Ruojun 9. On the Relationships between Ownership, Acquisitive Prescription and the Statute of Limitations under Chinese Law Jin Yin 10. The Meaning of Silence in Civil and Commercial Interactions – Multi-Level Balance of Private Autonomy Shi Yifeng 11. Research on the Civil Liability of Operators in Regard to Pedestrians Illegally Entering the Expressway Chen Guanghua and Gu Minkang 12. Regulation of Performance Requirements in the Context of International Trade and Investment Rules Han Liyu Index
£116.00
Edward Elgar Publishing Ltd The Practice of Judicial Interaction in the Field
Book SynopsisThis insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.Featuring practical cases of judicial interactions between European and national courts, the contributions in this book analyse the multi-dimensional impact of a wide array of judicial interaction techniques such as the preliminary reference procedure, consistent interpretation, comparative reasoning, mutual recognition and disapplication. Constructed in an insightful manner, the book stimulates debate and dialogue across the boundaries of practice and academia, featuring exchanges of expertise and knowledge between legal practitioners and leading scholars.This timely book will be an invaluable resource for scholars and post-graduate students in courses on European fundamental rights, empirical research methods in law, EU litigation practice and judicial cooperation. It will also prove to be a useful guide for legal practitioners, providing practical and punctual analysis of the jurisprudence of the Court of Justice of the European Union on the application of the EU Charter of Fundamental Rights.Trade Review‘This book is a must-read for both academics and practitioners who engage with the application of fundamental rights in the interaction between the national and European level. Casarosa and Moraru have brought together a diverse group of esteemed authors, who provide new and inspiring insights into the application of the EU Charter of Fundamental Rights in the interplay between national courts and the CJEU. Offering both general and sector-specific views, the book contributes to a more profound understanding of the many ways in which European fundamental rights have influenced the adjudication of a variety of issues (including migration, consumer and non-discrimination cases) through the interaction of judges in Europe. It presents a colourful map of the current state of the field and starting points for the further development of fundamental rights protection in Europe.’ -- Chantal Mak, University of Amsterdam, the Netherlands‘The book edited by Casarosa and Moraru goes back to a larger research of the Centre of Judicial Cooperation at the EUI which brought together judges and academics in order to discuss and to investigate judicial interaction in the field of fundamental rights. The 26 contributions from all over the EU provide for a deep insight into the practical relevance of the Charter of Fundamental Rights over a broad array of legal fields. The particular background and the composition of the research group draws a lively picture on what is happening between European and national courts. The depth and breadth of the undertaking allows to much better understand the variety and the complexity of the interaction between European courts. It adds a new layer to the broad literature and is both tremendously helpful and deeply insightful for academics and practitioners.’ -- Hans-Wolfgang Micklitz, European University Institute, ItalyTable of ContentsContents: Foreword by Deirdre Curtin xii Acknowledgements xvi 1 Judicial interactions in action – a tool for a more powerful and influential EU Charter of Fundamental Rights 1 Federica Casarosa and Madalina Moraru PART I HORIZONTAL ISSUES 2 The application of the rights and principles of the Charter of Fundamental Rights 24 Nina Półtorak 3 Comment: the Charter and its triple challenge: unclear applicability, a foggy distinction between rights and principles and a lack of engagement at the national level 54 Gabriel Toggenburg 4 European values and national constitutions: bringing the EU Charter in from uncharted waters 60 Saša Zagorc and Marjan Kos 5 Comment: the standard of fundamental rights protection according to the EU Charter: what is the role of national standards (and courts)? 81 Nicole Lazzerini 6 The potential and the limits of the impact of the Charter on constitutional jurisprudence 89 Matej Accetto 7 Comment: can the Charter help to protect rights in the Member States? 108 Gábor Halmai 8 Judicial independence – the EU’s prescription in the making to the Polish (and other) maladies 113 Karolina Podstawa and Jarosław Gwizdak 9 Comment: Austro-Hungarian partnership? A brief comparison between an old democracy and a new democracy 137 Edith Zeller 10 Limitations to access to justice and Article 47 of the Charter: the right to be advised, defended and represented 147 Magdalena Ličková and Joan Solanes Mullor 11 Comment: the EU law on the right to access a lawyer revisited: proportionality and subsidiarity implications 166 Alexandros-Ioannis Kargopoulos 12 The Lisbon Charter and the Brexit void 173 Bernard McCloskey 13 Comment: Brexit and the diverse functions of the Charter of Fundamental Rights 198 Stephen Coutts PART II SECTOR SPECIFIC ISSUES 14 The Charter’s potential in fighting hate and discrimination: levelling up to international obligations through victim’s rights 206 Rita Gião Hanek and Lilla Farkas 15 Comment: under Article 21 EU Charter the CJEU has, for the time being, adopted a rather deferential model of judicial review 231 Raluca Bercea 16 Effectiveness and EU consumer law: the blurriness in judicial dialogue 236 Mateusz Grochowski and Maciej Taborowski 17 Comment: effectiveness in EU consumer law: towards new triads 258 Paola Iamiceli 18 Judicial interactions upholding the right to be heard of asylum seekers, returnees and immigrants: the symbiotic protection of the EU Charter and general principles of EU law 264 Madalina Moraru and Marc Clement 19 Comment: the right to be heard in international protection proceedings before an Italian judge 289 Martina Flamini PART III REMEDIES AND SANCTIONS 20 Ne bis in idem – a continuing judicial dialogue 296 Maria Bergström and Hans Sundberg 21 Comment: objective and subjective ne bis in idem– the AY case 319 Florentino-Gregorio Ruiz Yamuza 22 The impact of judicial interactions on the interplay between administrative and judicial enforcement 325 Federica Casarosa and Raffaele Sabato 23 Comment: checks and balances between the administration, the executive and the judiciary 347 Markus Thoma 24 The effective protection of collective interests: the interplay between jurisprudence and legislation 353 Federica Casarosa and Raffaella Calò 25 Comment: collective redress and antitrust law 373 Lavinia Vizzoni 26 The impact of CJEU judgments on national legal systems: preliminary thoughts on the link with judicial dialogue 379 Fabrizio Cafaggi Index
£128.25
Edward Elgar Publishing Ltd Renmin Chinese Law Review: Selected Papers of The
Book SynopsisRenmin Chinese Law Review, Volume 8 is the eighth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.This book offers a comprehensive and judicious discussion on the study of Chinese law, with chapters covering a wide range of topics including federalism in the Chinese legal system, labor contract law, and the Chinese civil code. With detailed and original selections from distinguished contributors, the book also provides insight into areas such as industrial policy, copyright infringement, and property law.This diverse and contemporary work will appeal to scholars of Chinese law, society, and politics as well as members of diplomatic communities and legal and governmental professionals interested in China.
£116.00
Edward Elgar Publishing Ltd Renmin Chinese Law Review: Selected Papers of The
Book SynopsisRenmin Chinese Law Review, Volume 9 is the ninth work in a series of annual volumes on contemporary Chinese law which bring together the work of well-known scholars from China, offering an insight into current legal research in China.Volume 9 provides fresh perspectives on key topics including the notion of consequence in adjudication, legal illiteracy, and the nature of police defense behavior. Chapters by expert contributors in the field provide an insightful review of other crucial areas of Chinese law such as budgetary law, criminal law, copyright infringement, and labor contract law. Including illustrative case studies, and shining a light on new legal developments in China, this work is a rich resource for scholars of Chinese law and politics all over the world, as well as for policy-makers in the region.Table of ContentsContents: 1 Reflection on the consideration about consequence in adjudication 1 Lei Lei 2 On the nature of police defense behavior 32 Wang Gang 3 Illiteracy, legal illiteracy and the transition of the socially effective scope of judicial authority 62 Wu Dezhi 4 Land customs and the local fiscal dilemma in the Qing dynasty: taking the multiple land ownership institution in Fujian and Taiwan for instance 90 Lai Junnan 5 Research on the system reconstruction of the pluralistic paths of criminal regulation of cyber accomplices 119 Yang Caixia 6 On the trend of functionalism and limitations of budget law 145 Chen Zhi 7 Reflection on the relationship between legal retirement age and labor contract 161 Dong Wenjun 8 On criticism of the theory of relativity of capacity for rights 179 Zheng Xiaojian 9 Criticism of Schlüsselgewalt 205 Wang Zhantao 10 Research on the compensation for loss of chance in medical malpractice 233 Man Hongjie 11 Interpreting transformative use under China’s copyright law 263 Xiong Qi 12 Reconstruction of the rules on the indirect infringement of online copyright 285 Zhu Kaixin Index 309
£108.30
Edward Elgar Publishing Ltd Constitutional Precedent in US Supreme Court
Book SynopsisPrecedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning.The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why.Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.Trade Review‘Schultz offers a timely book on the importance, history, and uses of legal precedent, especially in Supreme Court cases. This book is especially timely because Schultz uses the Supreme Court nominations of Brett Kavanaugh and Amy Coney Barrett to discuss the shift in precedent during the Roberts Court, especially regarding Roe v Wade prior to its post-publication overturning in June 2022. Summing Up: Highly recommended. Undergraduates and general readers.’ -- T.T. Gibson, CHOICE‘Students and scholars alike will find a trove of materials on how the US Supreme Court has treated its own precedents over the past 230 years. Never has this been more important than today, as a newly empowered conservative majority is poised to reconsider the rulings of the past.’ -- Daniel Farber, University of California, Berkeley, US‘The book clearly explains genesis and the role of legal precedent in the construction of American law. What is extremely interesting, that David Schulz in a very convenient way shows us how the precedents are set, how they are modified, and what is a role of judges, especially of chief justices, for the ideology and the content of the court’s decisions.’ -- Dalia Vasarienė, Mykolas Romeris University, Lithuania and The Supreme Court of LithuaniaTable of ContentsContents: Introduction: The nature of legal precedent in American law 1. Jay to Vinson Courts 2. The Warren Court 3. The Burger Court 4. The Rehnquist Court 5.The Roberts Court Index
£89.30
