{"title":"Legal systems: judges and judicial powers Books","description":"","products":[{"product_id":"dark-sacred-night-9781409182740","title":"Dark Sacred Night","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cp\u003e\u003c\/p\u003e\u003ch2\u003e\n\u003cb\u003eA MURDER HE CAN''T FORGET.\u003c\/b\u003e\u003cbr\u003e\u003cb\u003eA CASE ONLY SHE CAN SOLVE.\u003c\/b\u003e\n\u003c\/h2\u003e\u003cbr\u003e\u003cb\u003e\u003cbr\u003e''OUTSTANDING'' IAN RANKIN\u003cbr\u003e\u003c\/b\u003e\u003cb\u003e\u003cbr\u003eAmazon Best 100 Books of The Year\u003cbr\u003e\u003c\/b\u003e\u003cb\u003e\u003cbr\u003eBarnes \u0026amp; Noble Best Books of The Year\u003cbr\u003e\u003c\/b\u003e\u003cb\u003e\u003cbr\u003eTop Ten Best Thrillers of the Year - Washington Post\u003cbr\u003e\u003c\/b\u003e\u003cb\u003e\u003cbr\u003e* * * * *\u003cbr\u003e\u003c\/b\u003e\u003cb\u003e\u003cbr\u003eDaisy Clayton''s killer was never caught. In over ten years, there has been no breakthrough in her murder case.\u003cbr\u003e\u003c\/b\u003e\u003cbr\u003eDetective \u003cb\u003eRenée Ballard\u003c\/b\u003e has faced everything the LAPD''s notorious dusk-till-dawn graveyard shift has thrown at her. But, until tonight, she''d never met \u003cb\u003eHarry Bosch\u003c\/b\u003e - an ex-homicide detective consumed by this case.\u003cbr\u003e\u003cbr\u003eSoon, she too will become obsessed by the murder of Daisy Clayton.\u003cbr\u003e\u003cbr\u003eBecause Ballard and Bosch both know: every murder tells a story. And Daisy''s case file reads like the first chapter in an untold tragedy that is still being written - one that could end with Ballard herself, if she cannot bring the truth to\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eTaut in style and sombre in tone, Dark Sacred Night finds the formerly morally incorruptible Bosch journeying into darkness even as he rages against the dying of the light -- Declan Burke * IRISH TIMES *\u003cbr\u003eThis is a must-read detective novel, for this or any year. -- Michael Carlson * IRRESISTIBLE TARGETS *\u003cbr\u003eDetective Renee Ballard, who made her first appearance in last year's \u003ci\u003eThe Late Show\u003c\/i\u003e, returns here in the company of Connelly's long-standing serial character Harry Bosch, now retired from the LAPD and working on cold cases for the San Fernando Police Department...Connelly keeps all the plates - including the porn industry, corrupt cops and a religious zealot - spinning beautifully as the pair battle to find the truth -- Laura Wilson * THE GUARDIAN *\u003cbr\u003eBallard and Bosch could not be more different, and yet they are hewn from the same rock -- Mark Sanderson * EVENING STANDARD *\u003cbr\u003eA new masterpiece. It's suspenseful and surprisingly moving.  After 31 bestsellers he just keeps getting better. This one will fuel ones to come, as it unites veteran LA detective Harry Bosch and his newest creation, fesity detective Renee Ballard...What a team! What a hit! -- Alex Gordon * PETERBOROUGH EVENING TELEGRAPH *\u003cbr\u003eBrilliant written in Connelly's inimitable descriptive style and compulsively readable, we keep company with his characters in the traffic jams of LA and the endless cheap diners where the cops catch their breakfast after an all-nighter.  The intertwining of character is as fascinating as the cases they confront, and we are along breathlessly for the whole ride.  We can only hope that the team of Ballard and Bosch will run for some years to come. -- Marina Vaizey * THE ARTS DESK *\u003cbr\u003eConnelly's most famous creation, retired LAPD detective Harry Bosch,, teams up with detective Renee Ballard to solve the 2009 murder of a 15-year-old runaway in a gripping, fast-paced story. * MAIL ON SUNDAY *","brand":"Orion Publishing Co","offers":[{"title":"Default Title","offer_id":47836909928791,"sku":"9781409182740","price":8.49,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781409182740.jpg?v=1710385580"},{"product_id":"the-american-judicial-system-9780190644918","title":"The American Judicial System","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eAt some point, everyone living in the United States has some type of interaction with the American judicial system. For most, this contact is relatively minor: contesting a traffic ticket, suing or being sued in civil court, being a witness in a civil or criminal trial, or serving on a jury. Others are caught up in the criminal justice system - as defendants, as victims, as witnesses, as jurors, or as relatives of a victim or a defendant. For still others, contact comes via an important policy issue affecting their lives in the hands of judges and justices sitting in judgment in marble temples to the law. Yet whatever the level of contact, the American judicial system affects peoples'' lives. What courts and judges do matters.This book provides a very short, but complete introduction to the institutions and people, the rules and processes, that make up the American judicial system. Jargon free and aimed at a general reader, this Very Short Introduction explains the ''where,'' ''when,'' and ''who'' of American courts. It also makes clear the ''how'' and ''why'' behind the law as it affects everyday people. It is, in a word, a starting place to understanding the third branch of American government at both the state and federal levels; a guide to those wishing to know the basics of the American judicial system; and a cogent synthesis of how the various elements that make up the law and legal institutions fit together.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgements  Preface: The Contours of a Judicial System    Chapter 1. Structures and jurisdictions  Chapter 2. Roles and functions   Chapter 3. Powers and motivations  Chapter 4. People  Chapter 5. Process  Chapter 6. Politics and policy    Afterword  Further Readings  References  Index","brand":"Oxford University Press Inc","offers":[{"title":"Default Title","offer_id":48732540305751,"sku":"9780190644918","price":9.49,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780190644918.jpg?v=1719997343"},{"product_id":"judicial-politics-in-polarized-times-9780226182414","title":"Judicial Politics in Polarized Times","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eAre judges neutral legal umpires, unaccountable partisan activists, or political actors whose decisions conform to-rather than challenge-the democratic will? The author argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insisting-and providing compelling evidence to support-the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely.\" (Gordon Silverstein, Yale Law School)\"","brand":"The University of Chicago Press","offers":[{"title":"Default Title","offer_id":48732902654295,"sku":"9780226182414","price":18.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780226182414.jpg?v=1719998882"},{"product_id":"lessons-from-the-bench-9780717192687","title":"Lessons From the Bench","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cp\u003e\u003cem\u003eLong before her retirement, Judge Gillian Hussey had been conferred with the status of legend of the bench. This book gives a wonderful insight into the complex demands and balances that confronted her \u003c\/em\u003e\u003cem\u003eday in, day out. It's a fascinating and informative read that will hold your attention to the very end.'\u003c\/em\u003e \u003cstrong\u003eJohn Lonergan, author and former Governor of Mountjoy Prison\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eWhen Gillian Hussey started out in Bridewell District Court in 1984, little did she realise that she would deal with some of the most notorious criminals in Ireland, including the Kinahans, the Cahills, The Monk' and John Gilligan.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cp\u003eAs one of Ireland's first female judges, Gillian was very much a woman in a man's world. Unafraid to look beyond the courtroom, she always sought to better understand the human  not just the criminal  who stood before her in the dock. 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During years of exposure to a daily diet of murder and mayhem, lies and liars, they've heard it all before.\u003cbr\u003e  \u003cbr\u003e  In Nothing Like the Truth, Nigel Lithman QC provides an entertaining and irreverent insight into life in the criminal courts as barrister, QC and Crown Court judge. Using his experience in true crime, he mixes tales of horror with humour and questions whether it is possible for defendants to get a fair trial.","brand":"Whitefox Publishing Ltd","offers":[{"title":"Default Title","offer_id":48742738559319,"sku":"9781913532727","price":999.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781913532727.jpg?v=1791479634"},{"product_id":"when-should-law-forgive-9780393531749","title":"When Should Law Forgive","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eMartha Minow is a voice of moral clarity: a lawyer arguing for forgiveness, a scholar arguing for evidence, a person arguing for compassion.Jill Lepore\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"May one be pardoned and retain the offense?‚ (Hamlet)... For what offenses and under what conditions should a just legal system offer forgiveness? This is a legal minefield through which \u003cem\u003eWhen Should Law Forgive?\u003c\/em\u003e provides an indispensable guide.\" -- Stephen Greenblatt","brand":"WW Norton \u0026 Co","offers":[{"title":"Default Title","offer_id":48864548847959,"sku":"9780393531749","price":13.29,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780393531749.jpg?v=1722272425"},{"product_id":"the-agenda-how-a-republican-supreme-court-is-reshaping-america-9781734420760","title":"The Agenda: How a Republican Supreme Court is","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cb\u003eWhat will a conservative Supreme Court do with its power?\u003c\/b\u003e \u003cbr\u003e \u003cbr\u003e From 2011, when Republicans gained control of the House of Representatives, until the present, Congress enacted hardly any major legislation outside of the tax law President Trump signed in 2017. In the same period, the Supreme Court dismantled much of America's campaign finance law, severely weakened the Voting Rights Act, permitted states to opt-out of the Affordable Care Act's Medicaid expansion, weakened laws protecting against age discimination and sexual and racial harassment, and held that every state must permit same-sex couples to marry. This powerful unelected body, now controlled by six very conservative Republicans, has and will become the locus of policymaking in the United States.\u003cbr\u003e\u003cbr\u003eIan Millhiser, \u003ci\u003eVox\u003c\/i\u003e's Supreme Court correspondent, tells the story of what those six justices are likely to do with their power. It is true that the right to abortion is in its final days, as is affirmative action. But Millhiser shows that it is in the most arcane decisions that the Court will fundamentally reshape America, transforming it into something far less democratic, by attacking voting rights, dismantling and vetoing the federal administrative state, ignoring the separation of church and state, and putting corporations above the law. \u003ci\u003eThe Agenda\u003c\/i\u003e exposes a radically altered Supreme Court whose powers extend far beyond transforming any individual right—its agenda is to shape the very nature of America's government, redefining who gets to have legal rights, who is beyond the reach of the law, and who chooses the people who make our laws. \u003cbr\u003e \u003cbr\u003e \u003cb\u003e\"Ian Millhiser offers a perfect short read for a key moment in U.S. constitutional history.\" —\u003ci\u003eThe Guardian\u003c\/i\u003e\u003cbr\u003e \u003cbr\u003e \"A cogent, timely warning about the fragility of American democracy.\" —\u003ci\u003eKirkus Reviews\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e“A perfect short read for a key moment in US constitutional history.” \u003cb\u003e—\u003ci\u003eGuardian\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e“In this short and very accessible work ... 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A cogent, timely warning about the fragility of American democracy.” \u003cb\u003e—\u003ci\u003eKirkus Reviews\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e“Ian Millhiser offers an engaging, accessible and well-informed statement of progressive anxieties about what the Supreme Court’s newly strengthened conservative majority may do.” \u003cb\u003e—Zachary Price, SCOTUSblog\u003c\/b\u003e","brand":"Columbia Global Reports","offers":[{"title":"Default Title","offer_id":48887530291543,"sku":"9781734420760","price":11.39,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781734420760.jpg?v=1791476499"},{"product_id":"blackstones-magistrates-court-handbook-2024-9780198906605","title":"Blackstones Magistrates Court Handbook 2024","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe new edition of the bestselling Blackstone''s Magistrates'' Court Handbook provides a complete practical guide for the busy practitioner. Incorporating full references to the Magistrates'' Court Sentencing Guidelines, it offers all you need in one trustworthy source.Covering all the key aspects of magistrates'' court practice, the book focuses on the areas most likely to arise at short notice requiring an instant response from the advocate, as well as on those offences most frequently experienced at court, such as assault, public order, dishonesty, drugs, weapons, driving, criminal damage, and sexual offences.Blackstone''s Magistrates'' Court Handbook''s easy-to-use pocket-sized format facilitates quick reading and instant decision-making. Tables, flow-charts, and a clear system of icons aid comprehension and speedy navigation. Cross-referencing to Blackstone''s Criminal Practice 2024 provides you with easy access to in-depth commentary.","brand":"Oxford University Press","offers":[{"title":"Default Title","offer_id":49083403534679,"sku":"9780198906605","price":59.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780198906605.jpg?v=1791454560"},{"product_id":"texas-peoples-court-the-fascinating-world-of-the-justice-of-the-peace-9781623499785","title":"Texas People's Court: The Fascinating World of","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eFrom 1983 to 1987, author Mark Dunn worked as a court clerk for a justice of the peace in Travis County, Texas, where, he says, “I learned more about human nature . . . than I could have learned in any other job I might have taken up as a bushy-tailed kid from Tennessee.” Based on interviews with 200 justices of the peace from all parts of Texas, \u003ci\u003eTexas People’s Court\u003c\/i\u003e promises to take readers on a tour of what it means to be a Texas justice of the peace: an experience that is by turns hilarious, sobering, heart-wrenching, and, from one end to the other, fascinating.\u003cp\u003eHere in the Texas justice court, wrongs can be righted and lives changed in profound ways. A priceless family necklace might finally be restored to the rightful owner; an occupational driver’s license fortuitously granted. A death inquest may become an opportunity for family reflection and valediction, with the attending judge as sympathetic witness.\u003c\/p\u003e\u003cp\u003eIn each of its chapters, \u003ci\u003eTexas People’s Court\u003c\/i\u003e takes up a different aspect, duty, or area of thought related to the profession of justice of the peace taken from conversations with JPs throughout the state of Texas—from those who serve in its most populous municipalities to rural county JPs—putting a human face on the responsibilities, attitudes, and perspectives that motivate their judgments. 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The author argues that, despite judges' claims, legal decisions are not the politically neutral products of disembodied legal texts.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"This is a robust, measured, and ultimately very persuasive book that places judicial review in the United States in context, insisting-and providing compelling evidence to support-the conclusion that judicial review is neither savior nor threat. It is, instead, a vital and still-important cog in our government machinery. Judicial Politics in Polarized Times could not be more timely.\" (Gordon Silverstein, Yale Law School)\"","brand":"The University of Chicago Press","offers":[{"title":"Default Title","offer_id":49399961059671,"sku":"9780226182384","price":76.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780226182384.jpg?v=1730469279"},{"product_id":"the-constitutional-bind-9780226350721","title":"The Constitutional Bind","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e","brand":"The University of Chicago Press","offers":[{"title":"Default Title","offer_id":49400002871639,"sku":"9780226350721","price":34.2,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780226350721.jpg?v=1730469410"},{"product_id":"the-chevron-doctrine-9780674260450","title":"The Chevron Doctrine","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eWith Congress paralyzed, lawmaking falls to executive agencies and courts that interpret existing statutes. Due to the so-called Chevron doctrine, courts generally defer to agencies. Thomas Merrill examines the immense consequences of the doctrine and the intense backlash, offering a new way to conceptualize the authority of agencies and courts.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eWise and illuminating…Merrill’s treatment of the rise of \u003ci\u003eChevron\u003c\/i\u003e, and its various twists and turns over the decades, is keenly insightful. -- Cass R. Sunstein * New York Review of Books *\u003cbr\u003eMerrill’s book tracks the doctrine’s history from its curious origins through its unlikely rise and expansion in a hundred-plus Supreme Court decisions to the fairly recent ‘sudden collapse of support for the doctrine’ among legal scholars and judges. His chapters on \u003ci\u003eChevron\u003c\/i\u003e’s tortuous trajectory are a must-read for practicing or prospective administrative lawyers. They, as well as a broader audience, will find much good sense in the author’s judicious treatment of perennial questions of lawful government. -- Michael S. Greve * Claremont Review of Books *\u003cbr\u003eMerrill has provided a rich account of how the \u003ci\u003eChevron\u003c\/i\u003e doctrine came to be…A thorough and theoretically sophisticated legal analysis. -- William F. West * Congress \u0026amp; the Presidency *\u003cbr\u003eMerrill’s rich history, his weighing of the comparative advantages of judicial and agency lawmaking, and his reflections on judicial and political choices to date provide informative guideposts for future decisions. * Choice *\u003cbr\u003eStudents of administrative law, the Constitution, Congress, or the federal courts will find much to mull about the operation and legitimacy of the U.S. administrative state. * Library Journal *\u003cbr\u003eMerrill’s interpretive and reform arguments in this fine work of scholarship are mature and sophisticated. This deeply considered work will enrich the ongoing debate. -- Ronald M. Levin, Washington University School of Law\u003cbr\u003eTom Merrill is one of the best scholars in the nation to undertake a book-length treatment of the \u003ci\u003eChevron\u003c\/i\u003e doctrine. Thoughtful and nuanced, Merrill’s \u003ci\u003eThe \u003c\/i\u003eChevron\u003ci\u003e Doctrine\u003c\/i\u003e will be a ‘must-read’ not only for any lawyer or scholar involved in the field of administrative law, but also for any scholar interested in American legal thought of the past half century. -- John F. Duffy, University of Virginia School of Law\u003cbr\u003eThis book is a model of how to conduct rigorous, level-headed, and fair-minded analysis of a subject that has generated enormous legal controversy. There is no more judicious mind among American legal scholars than Thomas Merrill’s. -- Nicholas Parrillo, Yale Law School\u003cbr\u003eTom Merrill is one of the brightest and best scholars of administrative law, and in particular of the \u003ci\u003eChevron\u003c\/i\u003e doctrine, in his generation. This book sheds new light on the most controversial subjects in the law of the separation of powers and in administrative law. It is must-reading for any citizen who has an interest in the constitutionality of the administrative state. -- Steven G. Calabresi, Northwestern University Pritzker School of Law","brand":"Harvard University Press","offers":[{"title":"Default Title","offer_id":49403572683095,"sku":"9780674260450","price":27.86,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780674260450.jpg?v=1730483869"},{"product_id":"political-foundations-of-judicial-supremacy-the-presidency-the-supreme-court-and-constitutional-leadership-in-u-s-history-9780691141022","title":"Political Foundations of Judicial Supremacy  The","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eShows that presidents and leaders of all stripes have worked to put the Court on a pedestal and have encouraged its justices to accept the role of ultimate interpreters of the Constitution. This work examines why presidents have found judicial supremacy to be in their best interest and why constitutional leadership has been passed to the courts.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eWinner of the 2008 J. David Greenstone Award, Politics and History Section of the American Political Science Association Winner of the 2008 C. Herman Pritchett Award, Law and Courts Section of the American Political Science Association \"Filled with numerous examples and insightful analysis, Political Foundations of Judicial Supremacy offers a fascinating behind-the-scenes guide to the politics of judicial review that is impressive in both scope and depth.\"--Harvard Law Review \"The book has the depth and breadth of scholarship that we have come to expect from Whittington. He draws on a rich study of history to support a thesis that builds from various literatures in political science generally and the study of courts in particular. Whittington writes with clarity, precision and grace and should be read, if only as a model of what scholarly work should be... Whittington makes an important contribution to our understanding of the development of American political institutions and raises interesting questions about the shape those institutions might take.\"--Kenneth Ward, The Law and Politics Book Review \"Whittington has written a marvelous book that challenges two axioms of American political thought; the assumed constitutional basis of judicial supremacy and the Marbury 'myth' of judicial review. What distinguishes Whittington's effort from a thousand other analyses of the Court's place in American constitutional practice is his embrace of an explicitly political, as opposed to legalistic, approach to the subject.\"--M. E. Bailey, Choice \"Whittington's masterful account captures a hidden, selfish dynamic of constitutional politics.\"--Aziz Huq, New York Law Journal \"In his wonderfully written and insightful analysis of constitutional review and judicial supremacy in the United States, Keith Whittington takes the reader on a historical journey from the earliest years of the nation through the present day. Through his examination, Whittington provides ample evidence in support of his thesis that it is not so much the United States Supreme Court that has laid claim to judicial supremacy in constitutional interpretation as it is the elected branches of government and the executive, in particular, that have seen it in their own interest to assert that the Court is the ultimate authority on the Constitution.\"--Christine L. Nemacheck, Perspectives on Politics \"[T]his book stands out as the best and most sophisticated study of the problem of 'who interprets' in the American context.\"--Walter Murphy, Law and History Review \"Whittington's book is a perfect fit for both undergraduate and graduate courses on judicial process, constitutional law and theory, and jurisprudence... Whittington continues to demonstrate why he is one of today's most important constitutional scholars. Political Foundations of Judicial Supremacy is essential reading for anyone interested in American politics. Meticulously researched, grounded in the scholarly literature, yet accessible to the nonacademic, the author's arguments are important for anyone seeking an understanding of how the presidency, Congress, and the Supreme Court interact to construct constitutional meaning.\"--Artemus Ward, Congress \u0026amp; the Presidency \"Whittington's book explores a fascinating issue and provides a variety of insights into the relationship between presidents the Supreme Court.\"--R. Shep Melnick, Journal of Politics\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003ePreface xi  Chapter 1: The Politics of Constitutional Meaning 1  Chapter 2: The Construction of Constitutional Regimes 28  Chapter 3: The Reconstruction of Judicial Authority 82  Chapter 4: The Judiciary in the Politics of Opposition 161  Chapter 5: The Growth of Judicial Authority 230  Chapter 6: The Dynamics of Constitutional Authority 285  Index 297","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403767390551,"sku":"9780691141022","price":31.5,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691141022.jpg?v=1791463742"},{"product_id":"beyond-the-formalistrealist-divide-9780691142807","title":"Beyond the FormalistRealist Divide","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eReveals how the story about the formalist age was an invention of politically motivated critics of the courts, and how it has led to significant misunderstandings about legal realism. This title traces how this false tale has distorted studies of judging by political scientists and debates among legal theorists.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Tamanaha has written a provocative challenge to conventional wisdom about the rise of judicial realism... Strongly recommended for scholars and students of law, political science, and history.\"--Choice \"Beyond the Formalist-Realist Divide is a clearly written and groundbreaking book. Although its focus is historical, its objective--in which it succeeds--is to change the way we think about law today.\"--Henry Cohen, Federal Lawyer \"Tamanaha's book reflects some striking research into the views of (largely forgotten or neglected) 19th-century law professors and jurists, and the material he has brought to our attention will demand attention from legal historians... [W]e should be grateful to Tamanaha for his provocative historical research, for laying down a vigorous challenge that should be met by historians of ideas and social scientists, and for imparting appropriate intellectual caution and modesty to future writers who might otherwise be prone to casual talk about a 'formalist' age in American legal thought.\"--Brian Leiter, Legal Theory \"Tamanaha's ... book will change the way we think about both formalism and realism, about the history of legal scholarship and about the empirical study of judicial decision making.\"--Edward Rubin, Law and Politics Review\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgments ix  CHAPTER 1: Introduction 1  PART ONE: THE LEGAL FORMALISTS  CHAPTER 2: The Myth about Beliefs in the Common Law 13  CHAPTER 3: The Myth about \"Mechanical Jurisprudence\" 27  CHAPTER 4: The Holes in the Story about Legal Formalism 44  PART TWO: The Legal Realists  CHAPTER 5: Realism before the Legal Realists 67  CHAPTER 6: A Reconstruction of Legal Realism 91  PART THREE: STUDIES OF JUDGING  CHAPTER 7: The Slant in the \"Judicial Politics\" Field 111  CHAPTER 8: What Quantitative Studies of Judging Have Found 132  PART FOUR: LEGAL THEORY  CHAPTER 9: The Emptiness of \"Formalism\" in Legal Theory 159  CHAPTER 10: Beyond the Formalist-Realist Divide 181  Afterword 200  Notes 203  Index 251","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403769684311,"sku":"9780691142807","price":28.8,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691142807.jpg?v=1730484490"},{"product_id":"the-judge-as-political-theorist-contemporary-constitutional-review-9780691144047","title":"The Judge as Political Theorist  Contemporary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eExamines opinions by constitutional courts in liberal democracies to better understand the logic and nature of constitutional review. This book argues that the constitutional judge's role is nothing like that of the legislator or chief executive, or even the ordinary judge.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Robertson offers the field of comparative judicial politics a thoughtful, carefully researched book that confronts conventional wisdom on constitutional courts and jurists... An exceptional book.\"--Choice \"The book is fascinating for some of its arguments in relation to the position of judges in liberal democracies and will be of interest to scholars of both law and politics.\"--Kawu Bala, Political Studies Review \"The Judge as Political Theorist contains an interesting and well-presented argument that re-imagines the job of judges who render decisions on constitutional matters... [G]enerally his conclusions make intuitive sense and are supported by tangible evidence. Furthermore, at a systematic level, Robertson's portrayal of various constitutional courts choosing alternative approaches to solve a shared set of general political problems fits nicely with theories trying to explain the unique position of the court as a non-political actor that must make inherently political decisions that define the role of government in society.\"--Matt Hartz, Journal of International Law and Politics\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003ePreface ix  Chapter One: The Nature and Function of Judicial Review 1  Chapter Two: Germany: Dignity and Democracy 40  Chapter Three: Eastern Europe: (Re)Establishing the Rule of Law 83  Chapter Four: France: Purely Abstract Review 143  Chapter Five: Canada: Imposing Rights on the Common Law 187  Chapter Six: South Africa: Defining a New Society 226  Chapter Seven: Tests of Unconstitutionality and Discrimination 281  Chapter Eight: Conclusions: Constitutional Jurists as Political Theorists 347  Cases Cited 385  Bibliography 393  Index 407","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403771453783,"sku":"9780691144047","price":40.5,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691144047.jpg?v=1730484496"},{"product_id":"the-rise-of-the-conservative-legal-movement-the-battle-for-control-of-the-law-9780691146256","title":"The Rise of the Conservative Legal Movement  The","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eReveals the formidable challenges that conservatives faced in competing with legal liberalism. This title explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eWinner of the 2009 Joseph J. Spengler Prize for Best Book in the History of Economics, History of Economics Society Co-Winner of the 2009 Herbert Jacob Book Prize, Law and Society Association One of Choice's Outstanding Academic Titles for 2009 \"In a terrific new book, The Rise of the Conservative Legal Movement, professor Steven M. Teles charts the success of the conservative legal establishment over the past several decades. Digging past liberal cliches about an all-powerful Federalist Society tree fort, Teles charts a complicated countermobilization that took place in legal academia and conservative public-interest law, against law schools and a government in thrall with liberal ideas. He chronicles the rise of a multifaceted organizational and institutional structure that has become the only game in town.\"--Dahilia Lithwick, Slate \"Teles's book is ... a piece of first-rate scholarship based on archival research and many interviews... [T]he Rise of the Conservative Legal Movement is a fine piece of historical scholarship and an important contribution to understanding strategies for combating entrenched political and intellectual elites.\"--Charlotte Allen, The Weekly Standard \"Steven Teles ... examines a complex phenomenon still playing itself out in The Rise of the Conservative Legal Movement. He does so thoughtfully and provocatively, and with access to key insiders and archival material. His book should be interesting to readers across the political spectrum... Teles's book provides a panoramic, nonpartisan portrait of the sober and serious side of the conservative legal movement. In doing so, it can hopefully lead toward a respectful, constructive dialogue about the role of law in society.\"--Ronald Goldfarb, Washington Lawyer \"I am recommending Teles's book to all my liberal and progressive colleagues... Perhaps if liberals and progressives pay enough attention to the lessons about problem-solving and adaptation taught in this valuable book, Prof. Teles will have an opportunity to write a sequel, The Renaissance of the Liberal Legal Network.\"--Michael Avery, Suffolk University Law Review \"Lawyers fill an important role in American democracy, as the conduit for transmitting social mores from the nation's elite to the people, and vice versa. How they do this is something sociologists have spent relatively little time researching, but Steven M. Teles has taken a step to remedy this by producing an engaging, insightful, and remarkably objective analysis of how the climate of legal ideas actually changes. His book is neither history nor polemic, but a scholarly study of how an ideological minority organized despite overwhelming hostility, knot an effective (if still minority) force against the prevailing orthodoxy... [T]eles's book is an important and persuasive account of the growth and success of a corps of intellectuals who are challenging the hegemony of big government in American society.\"--Timothy Sandefur, California Lawyer \"[T]his new book by Steven Teles ... will appeal mainly if not only to legal and politics specialists, and those interested in the USA at that. However, his survey of the ways in which conservative law grew from the 1960s to the turn of the twenty-first century reveals even more of interest to anyone trying to understand how conservative values and beliefs ... were and have been internalized in US law schools and the education there, as well as in legal practice and the federal bench.\"--Stuart Hannabuss, Library Review \"No published study about the conservative legal movement of which I am aware can compete with the information, detail, perspectives, and stories that Teles has packed into his book.\"--Roy B. Flemming, Law and Politics Book Review \"Well written and well researched... Activists on both the Left and the Right can learn about the tactics of intellectual insurgency and networking. Political scientists can benefit from Teles's explanation of how liberalism became entrenched in legal institutions just as conservatives were starting to dominate electoral politics. And grant-makers can learn the importance of adopting a long time-horizon when engaged in a battle of ideas.\"--R. Shep Melnick, Claremont Review of Books \"Teles provides a thorough analytical chronology of the emergence of intellectuals, networks, political entrepreneurs, and patrons as a new level of political competition in the legal arena, which he contends has made elections themselves less significant... This is an exceptionally valuable resource for understanding recent changes, both liberal and conservative, in the legal and political spheres.\"--R. Heineman, Choice \"This fine book will surely become the leading authority on the efforts of modern conservatives to shape law. It should be of interest to a wide range of scholars and lawyers.\"--James W. Ely, Jr., Law and History Review \"This excellent book deserves to be widely read and discussed... It can be read with profit by historians of conservatism, by political scientists interested in American political development, and by scholars interested in the complexities of large-scale change in legal doctrine and structure and its relation to conventional politics.\"--Richard Adelstein, Constitutional Political Economy \"[T]houghtful and well-researched.\"--Andy Lamey, Metapsychology Online Reviews \"Teles draws on extraordinarily rich data to show how a conservative legal movement emerged and altered the ideological landscape in the legal profession and in the judicial branch of government... The author artfully examines the interplay of structure and action, as he describes both the successes and failures of the movement's architects.\"--Rory McVeigh, Contemporary Sociology \"Steven M. Teles has written a remarkable book that reinforces the truth that ideas have consequences... Teles offers a fascinating account of the myriad moving parts that did and must work together to effect large-scale political change.\"--Bradley C. S. Watson, Intercollegiate Review \"[A] remarkable book... Teles adopts an approach that is both highly effective and radically divergent from the typical foci and methods of contemporary scholarship on American politics.\"--Paul Pierson, Perspectives on Politics \"Steven M. Teles has written a fascinating book on how conservative ideas gained influence over contemporary law and has added an essential chapter to our historical accounts of modern conservatism, which until now have focused on electoral politics.\"--Linda Przybyszewski, Journal of American History \"[Steven M. Teles'] book provide[s] ... insights into the causes and contours of the American conservative legal movement and provide[s] a much-welcomed alternative perspective to the regime politics literature by spotlighting the supply side of legal and constitutional change.\"--Amanda Hollis-Brusky, Law \u0026amp; Social Inquiry\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgments ix  Introduction 1  Chapter 1. Political Competition, Legal Change, and the New American State 6  Chapter 2. The Rise of the Liberal Legal Network 22  Chapter 3. Conservative Public Interest Law I: Mistakes Made 58  Chapter 4. Law and Economics I: Out of the Wilderness 90  Chapter 5. The Federalist Society: Counter-Networking 135  Chapter 6. Law and Economics II: Institutionalization 181  Chapter 7. Conservative Public Interest Law II: Lessons Learned 220  Conclusion 265  Appendix  Interviews 283  Notes 287  Index 331","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403776106839,"sku":"9780691146256","price":25.2,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691146256.jpg?v=1730484508"},{"product_id":"building-the-judiciary-9780691152936","title":"Building the Judiciary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eHow did the federal judiciary transcend early limitations to become a powerful institution of American governance? This book uncovers the causes and consequences of judicial institution-building in the United States from the commencement of the new government in 1789 through the close of the twentieth century.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Crowe takes the position that, despite the conventional wisdom that the institutional legitimacy of the federal judiciary is a product of its own decisions, the growth of the institutional development and legitimacy of the national courts is a result of continued and strategic decisions made by political actors outside the judiciary. This interesting, important, and timely thesis is supported by the author's use of events through history. Crowe proves to be a master storyteller; the book is excellently researched and written, and the thesis is strongly and articulately supported... Scholars interested in the judiciary, American political development, Congress, and U.S. history will benefit from this thoughtful book.\"--Choice \"Building the Judiciary is excellently written and accessible to readers who may have no background in American politics. I highly recommend the book to comparative judicial politics scholars who want to learn about the institutional development of the American federal judiciary.\"--Maria Popova, Perspectives on Politics \"To illustrate the political process of constructing federal judicial institutions, Crowe has composed a book of remarkable architectural elegance.\"--Stephen M. Engel, Tulsa Law Review\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eAcknowledgments ix  Chapter One: The Puzzle of Judicial Institution Building 1  Chapter Two: The Early Republic: Establishment 23  Chapter Three: Jeffersonian and Jacksonian Democracy: Reorganization 84  Four The Civil War and Reconstruction: Empowerment 132  Chapter Five: The Gilded Age and the Progressive Era: Restructuring 171  Chapter Six: The Interwar and New Deal Years: Bureaucratization 197  Chapter Seven: Modern America: Specialization 238  Chapter Eight: Judicial Power in a Political World 270  Index 281","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403786461527,"sku":"9780691152936","price":999.99,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691152936.jpg?v=1730484543"},{"product_id":"restoring-the-global-judiciary-9780691179124","title":"Restoring the Global Judiciary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Flaherty laments the executive branch’s over-accumulation of power, but instead focuses on the diminution of federal judicial power in foreign affairs. In his new book, Flaherty convincingly argues that this trend is not only contrary to the intent of the Constitution’s framers, but it also encroaches on the role federal courts played in foreign affairs during the first century of the republic.\"\u003cb\u003e---Jeffrey M. Winn, \u003ci\u003eNew York Law Journal\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e\"Clearly, Flaherty’s study has significantly contributed to a growing body of work evaluating the American judiciary’s legacy associated with foreign policy.\"\u003cb\u003e---Samuel Hoff, \u003ci\u003eInternational Social Science Review\u003c\/i\u003e\u003c\/b\u003e","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403853734231,"sku":"9780691179124","price":31.5,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691179124.jpg?v=1730484724"},{"product_id":"restoring-the-global-judiciary-9780691204789","title":"Restoring the Global Judiciary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Flaherty laments the executive branch’s over-accumulation of power, but instead focuses on the diminution of federal judicial power in foreign affairs. In his new book, Flaherty convincingly argues that this trend is not only contrary to the intent of the Constitution’s framers, but it also encroaches on the role federal courts played in foreign affairs during the first century of the republic.\"\u003cb\u003e---Jeffrey M. Winn, \u003ci\u003eNew York Law Journal\u003c\/i\u003e\u003c\/b\u003e\u003cbr\u003e\"Clearly, Flaherty’s study has significantly contributed to a growing body of work evaluating the American judiciary’s legacy associated with foreign policy.\"\u003cb\u003e---Samuel Hoff, \u003ci\u003eInternational Social Science Review\u003c\/i\u003e\u003c\/b\u003e","brand":"Princeton University Press","offers":[{"title":"Default Title","offer_id":49403893776727,"sku":"9780691204789","price":20.9,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780691204789.jpg?v=1730484818"},{"product_id":"governing-from-the-bench-9780774823500","title":"Governing from the Bench","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eDespite the Supreme Court of Canada's crucial role in the country's legal system, many Canadians are in the dark about the inner workings of this institution. In \u003cem\u003eGoverning from the Bench,\u003c\/em\u003e Emmett Macfarlane draws on interviews with current and former justices, former law clerks, and other staff members of the court to shed light on the institution's internal environment and decision-making processes. Challenging dominant theoretical and methodological approaches that fail to examine individual or structural forces that affect the court's decisions, he explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices' behaviour; and situates the court in its wider governmental and societal context. At once enlightening and engaging, \u003cem\u003eGoverning from the Bench\u003c\/em\u003e is a much-needed and comprehensive exploration of an institution that touches the lives of all Canadians.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eMacfarlane describes the aim of his book as being to “open the black box”; suffice it to say that he has done so masterfully by synthesizing earlier research and supplementing it with his own extensive work. He has produced not a meditation on how Supreme Court judging should work, but an empirical examination of how it does work, with important contributions from the point of view of the participants themselves ... \u003cem\u003eGoverning from the Bench\u003c\/em\u003e is a gem of a book for anyone seeking to understand how power is exercised by the judiciary — an audience that should include everyone. -- Bob Tarantino * Literary Review of Canada, January-February 2014 *\u003cbr\u003e\u003cp\u003eMacfarlane has made an original foray into the intricacies of Supreme Court decision making. \u003cem\u003eGoverning from the Bench\u003c\/em\u003e has gone to considerable lengths towards opening the Supreme Court’s “black box,” and in doing so has brought historical institutionalism into the mainstream of the study of Canadian law and politics. I highly recommend it.\u003c\/p\u003e -- Dave Snow, University of Calgary * Canadian Journal of Political Science *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e\u003cp\u003eIntroduction\u003c\/p\u003e\u003cp\u003e1 Studying Judicial Behaviour\u003c\/p\u003e\u003cp\u003e2 The Evolution of the Court and Its Justices\u003c\/p\u003e\u003cp\u003e3 Setting the Stage: Exploring Court Processes Leading to Decisions\u003c\/p\u003e\u003cp\u003e4 The Decision: Collegiality, Conflict, and Consensus\u003c\/p\u003e\u003cp\u003e5 A Question of Competence: Examining Judicial Policy Making\u003c\/p\u003e\u003cp\u003e6 The Court in Government and Society: Dialogue, Public Opinion, and the Media\u003c\/p\u003e\u003cp\u003eConclusion\u003c\/p\u003e\u003cp\u003eNotes\u003c\/p\u003e\u003cp\u003eBibliography\u003c\/p\u003e\u003cp\u003eIndex\u003c\/p\u003e","brand":"University of British Columbia Press","offers":[{"title":"Default Title","offer_id":49404926460247,"sku":"9780774823500","price":73.8,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780774823500.jpg?v=1730488077"},{"product_id":"by-the-court-9780774861724","title":"By the Court","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eAny court watcher knows that the Supreme Court of Canada delivers some of its major constitutional judgments in a By the Court format. The abandonment of the common law tradition of attributing decisions to individual judges in favour of an anonymous and unanimous approach is unique among Western democracies. \u003cem\u003eBy the Court\u003c\/em\u003e is the first major study of these unanimous and anonymous decisions and features a complete inventory, chronology, and typology of these cases. Some significant examples include the \u003cem\u003eSecession of Quebec\u003c\/em\u003e reference and the \u003cem\u003eCarter\u003c\/em\u003e decision on assisted suicide. Peter McCormick and Marc Zanoni also ask where and why the idea emerged and whether it signals a genuinely collegial authorship or simply masks the dominance of the Chief Justice. Ultimately, \u003cem\u003eBy the Court\u003c\/em\u003e explores the purposes and potential future of By the Court, framing this practice as the most dramatic form of a modern style that highlights the institution and downplays indivi\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003cp\u003eThis is an appealing book, and I recommend it to members of the Canadian Association of Law Libraries. Anyone with an interest in the history of the Supreme Court of Canada, their judgments, and the judgment writing process will enjoy this book. \u003c\/p\u003e -- Ann Marie Melvie, Law Librarian * Canadian Law Library Review *\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e\u003cp\u003e\u003cstrong\u003ePart 1: Introduction\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e1 What are \u003cem\u003eBy the Court\u003c\/em\u003e decisions?\u003c\/p\u003e\u003cp\u003e2 The Supreme Court of Canada Takes to the Constitutional Stage\u003c\/p\u003e\u003cp\u003e3 Why Decision Presentation Formats Matter\u003c\/p\u003e\u003cp\u003e\u003cstrong\u003ePart 2: The Road to \u003cem\u003eBy the Court \u003c\/em\u003eDecisions\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e4 Originality: Nothing to Copy\u003c\/p\u003e\u003cp\u003e5 Uniqueness: A Global Common Law Survey\u003c\/p\u003e\u003cp\u003e6 Early History: The “Minor Tradition”\u003c\/p\u003e\u003cp\u003e7 Emergence: The Birth of the “Grand Tradition”\u003c\/p\u003e\u003cp\u003e\u003cstrong\u003ePart 3: The Modern \u003cem\u003eBy the Court\u003c\/em\u003e Decisions\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e8 Inventory and Chronology of Decisions\u003c\/p\u003e\u003cp\u003e9 A Typology of Decisions\u003c\/p\u003e\u003cp\u003e10 Why These Cases?\u003c\/p\u003e\u003cp\u003e\u003cstrong\u003ePart 4: Conclusion\u003c\/strong\u003e\u003c\/p\u003e\u003cp\u003e11 The Meaning and the Future of the \u003cem\u003eBy the Court\u003c\/em\u003e Format\u003c\/p\u003e\u003cp\u003eNotes; Bibliography; Index\u003c\/p\u003e","brand":"University of British Columbia Press","offers":[{"title":"Default Title","offer_id":49404942778711,"sku":"9780774861724","price":25.19,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9780774861724.jpg?v=1730488137"},{"product_id":"evolution-of-the-judicial-opinion-institutional-and-individual-styles-9780814767269","title":"Evolution of the Judicial Opinion  Institutional","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eExamines how judges' opinions have been presented from early American Republic onwards. Tracing the history of judicial opinion to its roots in English common law, this work concludes that a shift from an authoritative to a more personal and exploratory individual style of writing opinions is consistent with a more democratic judicial institution.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"Evolution of the Judicial Opinion contains a wealth of historical information and empirically-based argument that provides the reader with a thorough discussion of how the contemporary approach to judicial opinion writing has developed. It will prove to be an indispensable reference\" * Law and Politics book review *\u003cbr\u003e\"This work constitutes a perspicacious guide to recovering the vitality and importance of judicial opinions, and it offers recommendations forthe proper mission of judges within a changing legal culture. . . . Recommended.\" * Choice *\u003cbr\u003e\"There is no better book for conveying the hidden literary value in the judicial opinion of our time.\" -- Robert A. Ferguson,author of The Trial in American Life\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eIntroduction 1 The English Tradition and Its Evolution 2 The United States Founding: Creation of a Judicial Institution 3 Institutional Style in the 19th Century: U.S. Supreme Court 4 Institutional Style in the 19th Century: States 5 Contemporary United States Practice: Institutional Style 6 Contemporary United States Practice: Individual Style Postscript Appendices Notes Index About the Author","brand":"New York University Press","offers":[{"title":"Default Title","offer_id":49405903470935,"sku":"9780814767269","price":47.5,"currency_code":"GBP","in_stock":false}]},{"product_id":"research-handbook-on-judicial-politics-9781035309313","title":"Research Handbook on Judicial Politics","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis timely Research Handbook offers a comprehensive examination of judicial politics, both in the US and across the globe. Taking a broad view of the judiciary in all levels of the court, it examines the present state of the field and raises new questions for future scholarly exploration.","brand":"Edward Elgar","offers":[{"title":"Default Title","offer_id":49406696653143,"sku":"9781035309313","price":225.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781035309313.jpg?v=1730496808"},{"product_id":"revisiting-judicial-politics-in-the-european-union-9781035313501","title":"Revisiting Judicial Politics in the European","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e","brand":"Edward Elgar","offers":[{"title":"Default Title","offer_id":49406699405655,"sku":"9781035313501","price":135.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781035313501.jpg?v=1730496817"},{"product_id":"control-of-the-laws-in-the-ancient-democracy-at-athens-9781421439495","title":"Control of the Laws in the Ancient Democracy at","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe definitive book on judicial review in Athens from the 5th through the 4th centuries BCE.   The power of the court to overturn a law or decreecalled judicial reviewis a critical feature of modern democracies. Contemporary American judges, for example, determine what is consistent with the Constitution, though this practice is often criticized for giving unelected officials the power to strike down laws enacted by the people's representatives. This principle was actually developed more than two thousand years ago in the ancient democracy at Athens. In Control of the Laws in the Ancient Democracy at Athens, Edwin Carawan reassesses the accumulated evidence to construct a new model of how Athenians made law in the time of Plato and Aristotle, while examining how the courts controlled that process. Athenian juries, Carawan explains, were manned by many hundreds of ordinary citizens rather than a judicial elite. Nonetheless, in the 1890s, American apologists found vindication for judicia\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eThe book has been nicely produced by JHU Press, and, at its best, has the merit of drawing our attention to major issues of constitutional law and the history of institutions as the basic contexts to understanding the political culture of Athenian democracy. \u003cbr\u003e—Alberto Esu, University of Mannheim, \u003ci\u003eBryn Mawr Classical Review\u003c\/i\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e\u003cp\u003eAbbreviations and Conventions \u003cbr\u003eIntroduction: The People and the Law—Demos and Nomos\u003cbr\u003e\u003ci\u003ePart I. Legislative Procedure and Court Control\u003c\/i\u003e\u003cbr\u003eChapter 1. Making Law and Mending the Constitution\u003cbr\u003eChapter 2. Judges and Lawmakers\u003cbr\u003eChapter 3. \"Unlawful Acts\" (\u003ci\u003eParanoma\u003c\/i\u003e) and the Case of the Arginousai Generals\u003cbr\u003e\u003ci\u003ePart II. The Constitutional Window\u003c\/i\u003e\u003cbr\u003eChapter 4. Privileged Characters: Aristokrates' Shield for Charidemos\u003cbr\u003eChapter 5. Outrage: The Case against Androtion\u003cbr\u003eChapter 6. Overthrowing the Court: The Case against Timokrates' Surety Law\u003cbr\u003eChapter 7. Breaking the Bargain: The Case against Leptines' Law\u003cbr\u003e\u003ci\u003ePart III. The Crown Case and Its Antecedents\u003c\/i\u003e\u003cbr\u003eChapter 8. The Aftermath of Chaironeia\u003cbr\u003eChapter 9. The Crown Case Comes to Trial\u003cbr\u003eConclusion: Law's Measure\u003cbr\u003eNotes\u003cbr\u003eBibliography\u003cbr\u003eIndex\u003c\/p\u003e","brand":"Johns Hopkins University Press","offers":[{"title":"Default Title","offer_id":49408140312919,"sku":"9781421439495","price":42.75,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781421439495.jpg?v=1730501733"},{"product_id":"free-to-judge-the-power-of-campaign-money-in-judicial-elections-9781503627611","title":"Free to Judge: The Power of Campaign Money in","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cp\u003eThe idea that wealthy people use their money to influence things, including politics, law, and media will surprise very few people. However, as Michael S. Kang and Joanna Shepherd argue in this readable and rich study of the state judiciary, the effect of money on judicial outcomes should disturb and anger everyone. In the current system that elects state judges, the rich and powerful can spend money to elect and re-elect judges who decide cases the way they want. \u003ci\u003eFree to Judge\u003c\/i\u003e is about how and why money increasingly affects the dispensation of justice in our legal system, and what can be done to stop it.\u003c\/p\u003e \u003cp\u003eOne of the barriers to action in the past has been an inability to prove that campaign donations influence state judicial decision-making. In this book, Kang and Shepherd answer that challenge for the first time, with a rigorous empirical study of campaign finance and judicial decision-making data. Pairing this with interviews of past and present judges, they create a compelling and persuasive account of people like Marsha Ternus, the first Iowa state supreme court justice to be voted out of office after her decision in a same-sex marriage case. The threat of such an outcome, and the desire to win reelection, results in judges demonstrably leaning towards the interests and preferences of their campaign donors across all cases. \u003c\/p\u003e \u003cp\u003e\u003ci\u003eFree to Judge\u003c\/i\u003e is thus able to identify the pieces of our current system that invite bias, such as judicial reelection, and what reforms should focus on. This thoughtful and compellingly written book will be required reading for anybody who cares about creating a more just legal system. \u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"State judiciaries receive short shrift in much of legal education and scholarship, which is a great pity given how important and interesting they are. In this wonderful and path breaking new book, two of the most creative and clear thinkers about courts apply their considerable theoretical and empirical skills to study the impact of money on state judicial elections. This book is going to change the way many of us think and teach about the judiciary.\"—Mitu Gulati, University of Virginia\u003cbr\u003e\"Professors Shepherd and Kang thoughtfully address an issue toxic to our democracy: the influence of campaign money in state judicial elections. As their research shows, this money pushes judges away from the rule of law and makes judges pawns of their donors. Fortunately, Shepherd and Kang also suggest a feasible and effective reform.\"—Marsha Ternus, former chief justice Iowa Supreme Court\u003cbr\u003e\"An original approach to an important topic, this book is written in an engaging and accessibly way. The unique empirical analysis allows the authors to make a compelling case about the effects of campaign finance on judicial behavior.\"—Erwin Chemerinsky, author of \u003ci\u003eWorse Than Nothing: The Dangerous Fallacy of Originalism\u003c\/i\u003e\u003cbr\u003e\"Ingeniously blending data science and legal analysis, this is an innovative and accessible program for justice system reform.\"—\u003ci\u003ePublishers Weekly\u003c\/i\u003e starred review\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1. The Modern Era of Big Money Judicial Elections\u003cbr\u003e  2. The Rise of Judicial Elections: How We Got Where We Are\u003cbr\u003e  3. The Crocodile in the Bathtub: How Elections and Money Influence Judges\u003cbr\u003e  4. Why Money Matters\u003cbr\u003e  5. How to Fix Judicial Elections and Campaign Finance\u003cbr\u003e","brand":"Stanford University Press","offers":[{"title":"Default Title","offer_id":49409410433367,"sku":"9781503627611","price":21.59,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781503627611.jpg?v=1730506707"},{"product_id":"enemies-of-the-people-how-judges-shape-society-9781529204506","title":"Enemies of the People?: How Judges Shape Society","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eDo judges use the power of the state for the good of the nation? Or do they create new laws in line with their personal views?  When newspapers reported a court ruling on Brexit, senior judges were shocked to see themselves condemned as enemies of the people.  But that did not stop them ruling that an order made by the Queen on the advice of her prime minister was just 'a blank piece of paper'.  Joshua Rozenberg, Britain's best-known commentator on the law, asks how the judges can maintain public confidence while making hard choices.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\"A brilliant, readable and timely survey of a topic of central importance in our troubled times. Joshua Rozenberg has produced a gripping account, including very recent material.\" Dinah Rose, QC, Blackstone Chambers \"A very readable and engaging book which I'd certainly recommend to students as part of their introduction to common law. It uses high-profile cases to demonstrate how cautiously the judges proceed.\" Professor Dame Hazel Genn DBE QC (hon), University College London \"Never before have our judges been under greater scrutiny. But what they do and how they do it remains mysterious to many. There is an urgency to the themes tackled in this book. It is a must-read for anyone interested in the future of this vital branch of government.\" Catherine Dobson, St Edmund's College, Cambridge \"This is a book for lawyers, journalists, students and the concerned citizen. There is no more trusted and knowledgeable commentator than Joshua Rozenberg to hold up a mirror to the judges and to the public wherein each sees the other.\" Baroness Ruth Deech, DBE QC (hon) \"This urgent and timely book is essential reading for anyone concerned with the future of our democracy and the proper role of the legal system within it. Through deft analysis of recent case law, Rozenberg comprehensively de-bunks the pernicious myth of an activist judiciary whose actions improperly impinge on the exercise of executive power.\" Dr Natalie Byrom, The Legal Education Foundation \"Joshua Rozenberg's views are clear throughout this engaging study of the role of the judiciary in contemporary Britain. At times he seems positively prescient. We need this sort of contribution to our current and frenzied debates.\" Sara Nathan OBE, former Judicial Appointments Commissioner \"An informed and entertaining account of the role of our judges in deciding sensitive cases by our pre-eminent legal commentator.\" Lord Pannick QC, Blackstone Chambers \"A highly readable, hard-hitting and perceptive defence of our judges against the accusation that they are too activist.  It should be read by anyone interested in this important constitutional question.\" Rt Hon Lord Dyson, former judge\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003e1 New Readers Start Here; 2 The Miller Tale; 3 Creating Crimes; 4 Families and the Law; 5 The Right to Death; 6 Discerning and Discriminating; 7 Rites and Rights; 8 Privacy and the Press; 9 Access to Justice; 10 Friends, Actually","brand":"Bristol University Press","offers":[{"title":"Default Title","offer_id":49409904902487,"sku":"9781529204506","price":14.24,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781529204506.jpg?v=1730508398"},{"product_id":"the-shadow-docket-9781541605183","title":"The Shadow Docket","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e","brand":"Basic Books","offers":[{"title":"Default Title","offer_id":49410080178519,"sku":"9781541605183","price":16.99,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781541605183.jpg?v=1730508894"},{"product_id":"violence-imagination-and-resistance-socio-legal-interrogations-of-power-9781778290022","title":"Violence, Imagination, and Resistance:","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e","brand":"Athabasca University Press","offers":[{"title":"Default Title","offer_id":49411658056023,"sku":"9781778290022","price":25.19,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781778290022.jpg?v=1730514296"},{"product_id":"the-economics-of-judicial-behaviour-9781781007211","title":"The Economics of Judicial Behaviour","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cp\u003eThis excellent research review contains the very best studies that take an economic approach to the study of judicial behaviour. The authors hail from the disciplines of business, economics, history, law, and political science, and the topics they cover are equally varied. Subjects include the judges' motivations, judicial independence, precedent, judging on collegial courts and in the hierarchy of justice and the relationship between judges and the other government actors.\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  Volume I  Acknowledgements  Introduction    Lee Epstein  PART I    THE JUDGE: MOTIVATIONS, CAREERS AND PERFORMANCE 1. Richard A. Posner (1993), ‘What Do Judges and Justices Maximize? (The Same Thing Everybody Else Does)’ 2. Christopher R. Drahozal (1998), ‘Judicial Incentives and the Appeals Process’ 3. J. Mark Ramseyer and Eric B. Rasmusen (2001), ‘Why Are Japanese Judges So Conservative in Politically Charged Cases?’ 4. Mark A. Cohen (1991), ‘Explaining Judicial Behavior or What's “Unconstitutional” about the Sentencing Commission?’ 5. Daniel Klerman (1999), ‘Nonpromotion and Judicial Independence’ 6. Stephen J. Choi, G. Mitu Gulati and Eric A. Posner (2009), ‘Are Judges Overpaid?: A Skeptical Response to the Judicial Salary Debate’ 7. Thomas J. Miceli and Metin M. Coşgel (1994), ‘Reputation and Judicial Decision-Making’ 8. Hon. Richard A. Posner (2005), ‘Judicial Behavior and Performance: An Economic Approach’ 9. William M. Landes, Lawrence Lessig and Michael E. Solimine (1998), ‘Judicial Influence: A Citation Analysis of Federal Courts of Appeals Judges’ 10. Gilat Levy (2005), ‘Careerist Judges and the Appeals Process’ 11. James F. Spriggs, II and Paul J. Wahlbeck (1995), ‘Calling It Quits: Strategic Retirement on the Federal Courts of Appeals, 1893–1991’  PART II    JUDICIAL INDEPENDENCE AND DEPENDENCE 12. Rafael La Porta, Florencio López-de-Silanes, Cristian Pop-Eleches and Andrei Shleifer (2004), ‘Judicial Checks and Balances’ 13. Daniel M. Klerman and Paul G. Mahoney (2005), ‘The Value of Judicial Independence: Evidence from Eighteenth Century England’ 14. William M. Landes and Richard A. Posner (1975), ‘The Independent Judiciary in an Interest-Group Perspective’ 15. John Ferejohn (1999), ‘Independent Judges, Dependent Judiciary: Explaining Judicial Independence’ 16. Melinda Gann Hall (1992), ‘Electoral Politics and Strategic Voting in State Supreme Courts’ 17. Alexander Tabarrok and Eric Helland (1999), ‘Court Politics: The Political Economy of Tort Awards’ 18. Gregory A. Huber and Sanford C. Gordon (2004), ‘Accountability and Coercion: Is Justice Blind when It Runs for Office?’  PART III    OPINIONS AND PRECEDENT  19. Jeffrey K. Staton and Georg Vanberg (2008) ‘The Value of Vagueness: Delegation, Defiance, and Judicial Opinions’ 20. Michael Abramowicz and Emerson H. Tiller (2009), ‘Citation to Legislative History: Empirical Evidence on Positive Political and Contextual Theories of Judicial Decision Making’ 21. William M. Landes and Richard A. Posner (1980), ‘Legal Change, Judicial Behavior, and the Diversity Jurisdiction’ 22. Lee Epstein, William M. Landes and Richard A. Posner (2011), ‘Why (and When) Judges Dissent: A Theoretical and Empirical Analysis’ 23. Virginia A. Hettinger, Stefanie A. Lindquist and Wendy L. Martinek (2004), ‘Comparing Attitudinal and Strategic Accounts of Dissenting Behavior on the U.S. Courts of Appeals’ 24. Eric Rasmusen (1994), ‘Judicial Legitimacy as a Repeated Game’ 25. William M. Landes and Richard A. Posner (1976), ‘Legal Precedent: A Theoretical and Empirical Analysis’ 26. Lewis A. Kornhauser (1992), ‘Modeling Collegial Courts I: Path-Dependence’ 27. Jeffrey A. Segal and Harold J. Spaeth (1996), ‘The Influence of Stare Decisis on the Votes of United States Supreme Court Justices’ 28. Jack Knight and Lee Epstein (1996), ‘The Norm of Stare Decisis’ 29. Lewis A. Kornhauser (1995), ‘Adjudication by a Resource-Constrained Team: Hierarchy and Precedent in a Judicial System’ 30. Ethan Bueno de Mesquita and Matthew Stephenson (2002), ‘Informative Precedent and Intrajudicial Communication’ 31. Vincy Fon and Francesco Parisi (2006), ‘Judicial Precedents in Civil Law Systems: A Dynamic Analysis’ 32. McNollgast (1995), ‘Politics and the Courts: A Positive Theory of Judicial Doctrine and the Rule of Law’ 33. Nicola Gennaioli and Andrei Shleifer (2007), ‘Overruling and the Instability of Law’   Volume II  Acknowledgements  An introduction by the editor to both volumes appears in Volume I  PART IV    COLLEGIAL COURTS  1. Gregory A. Caldeira, John R. Wright and Christopher J.W. Zorn (1999), ‘Sophisticated Voting and Gate-Keeping in the Supreme Court’ 2. David W. Rohde (1972), ‘Policy Goals, Strategic Choice and Majority Opinion Assignments in the U.S. Supreme Court’ 3. Jeffrey R. Lax and Charles M. Cameron (2007), ‘Bargaining and Opinion Assignment on the US Supreme Court’ 4. Paul J. Wahlbeck, James F. Spriggs and Forrest Maltzman (1998), ‘Marshalling the Court: Bargaining and Accommodation on the United States Supreme Court’ 5. Chris W. Bonneau, Thomas H. Hammond, Forrest Maltzman and Paul J. Wahlbeck (2007), ‘Agenda Control, the Median Justice, and the Majority Opinion on the U.S. Supreme Court’ 6. Jeffrey R. Lax (2007), ‘Constructing Legal Rules on Appellate Courts’ 7. Frank H. Easterbrook (1982), ‘Ways of Criticizing the Court’ 8. Lewis A. Kornhauser and Lawrence G. Sager (1986), ‘Unpacking the Court’ 9. Robert Anderson IV and Alexander M. Tahk (2007), ‘Institutions and Equilibrium in the United States Supreme Court’ 10. Frank B. Cross and Emerson H. Tiller (1998), ‘Judicial Partisanship and Obedience to Legal Doctrine: Whistleblowing on the Federal Courts of Appeal’ 11. Sean Farhang and Gregory Wawro (2004), ‘Institutional Dynamics on the U.S. Court of Appeals: Minority Representation under Panel Decision Making’ 12. Jonathan P. Kastellec (2007), ‘Panel Composition and Judicial Compliance on the US Courts of Appeals’  PART V    THE HIERARCHY OF JUSTICE    13. Jeffrey R. Lax (2003), ‘Certiorari and Compliance in the Judicial Hierarchy: Discretion, Reputation and the Rule of Four’ 14. Charles M. Cameron, Jeffrey A. Segal and Donald Songer (2000), ‘Strategic Auditing in a Political Hierarchy: An Informational Model of the Supreme Court’s Certiorari Decisions’ 15. Tracey E. George and Michael E. Solimine (2001), ‘Supreme Court Monitoring of the United States Courts of Appeals En Banc’ 16. Tom S. Clark (2009), ‘A Principal-Agent Theory of En Banc Review’ 17. Linda R. Cohen and Matthew L. Spitzer (1994), ‘Solving the Chevron Puzzle’ 18. Matt Spitzer and Eric Talley (2000), ‘Judicial Auditing’ 19. Steven Shavell, (1995), ‘The Appeals Process as a Means of Error Correction’ 20. Chad Westerland, Jeffrey A. Segal, Lee Epstein, Charles M. Cameron and Scott Comparato (2010), ‘Strategic Defiance and Compliance in the U.S. Courts of Appeals’ 21. Walter F. Murphy (1959), ‘Lower Court Checks on Supreme Court Power’  PART VI    EXECUTIVE AND LEGISLATURE  22. Rafael Gely and Pablo T. Spiller (1990), ‘A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the “State Farm” and “Grove City Cases”’ 23. William N. Eskridge, Jr. (1991), ‘Overriding Supreme Court Statutory Interpretation Decisions’ 24. John A. Ferejohn and Barry R. Weingast (1992), ‘A Positive Theory of Statutory Interpretation’ 25. Jeffrey A. Segal, Chad Westerland and Stefanie A. Lindquist (2011), ‘Congress, the Supreme Court, and Judicial Review: Testing a Constitutional Separation of Powers Model’ 26. Tom S. Clark (2009), ‘The Separation of Powers, Court Curbing, and Judicial Legitimacy’ 27. Gretchen Helmke (2002), ‘The Logic of Strategic Defection: Court-Executive Relations in Argentina Under Dictatorship and Democracy’ 28. Lee Epstein, Jack Knight and Olga Shvetsova (2001), ‘The Role of Constitutional Courts in the Establishment and Maintenance of Democratic Systems of Government’ 29. Georg Vanberg (2001), ‘Legislative-Judicial Relations: A Game-Theoretic Approach to Constitutional Review’ 30. James R. Rogers (2001), ‘Information and Judicial Review: A Signaling Game of Legislative-Judicial Interaction’ 31. Joseph L. Smith and Emerson H. Tiller (2002), ‘The Strategy of Judging: Evidence from Administrative Law’ 32. William H. Riker and Barry R. Weingast (1988), ‘Constitutional Regulation of Legislative Choice: The Political Consequences of Judicial Deference to Legislatures’","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49411822420311,"sku":"9781781007211","price":827.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781781007211.jpg?v=1730514786"},{"product_id":"american-judicial-power-the-state-court-perspective-9781783477890","title":"American Judicial Power: The State Court","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003ci\u003eAmerican Judicial Power: The State Court Perspective\u003c\/i\u003e is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.\u003cp\u003eThe study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.\u003c\/p\u003e\u003cp\u003eWith an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. \u003c\/i\u003eAmerican Judicial Power\u003ci\u003e does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, \u003c\/i\u003eAmerican Judicial Power\u003ci\u003e is an essential work.'\u003c\/i\u003e --Michael A. Wolff, Saint Louis University, School of Law\u003cp\u003e\u003ci\u003e'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.'\u003c\/i\u003e --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System\u003c\/p\u003e\u003cp\u003e\u003ci\u003e'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of\u003c\/i\u003e American Judicial Power\u003ci\u003e. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. \u003c\/i\u003eAmerican Judicial Power \u003ci\u003eleads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders,\u003c\/i\u003e American Judicial Power \u003ci\u003econnects the past with the future.'\u003c\/i\u003e --Mary Campbell McQueen, President, National Center for State Courts,\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. Context  2. Key Concepts  3. The Role of State Courts: An Historical Perspective  4. Modern State Judicial Selection in Theory and Practice  5. Modern State Judicial Structures  6. State Constitutions, Legislative Policymaking and State Judicial Power  7. State Courts and Emerging Policy Areas  8. Conclusion   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412054614359,"sku":"9781783477890","price":115.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781783477890.jpg?v=1730515509"},{"product_id":"abuse-of-dominance-in-eu-competition-law-emerging-trends-9781785367618","title":"Abuse of Dominance in EU Competition Law:","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eGranting rebates to a customer or refusing to supply a competitor are examples of ordinary commercial practices, which become 'abusive' under Article 102 of the Treaty on the Functioning of the EU (TFEU) when carried out by 'dominant' firms. This topical book provides an up-to-date account of the emerging trends in the enforcement and interpretation of this provision at both the EU and national level. \u003cp\u003e\u003c\/p\u003e\u003cp\u003eEmploying a range of case studies, this illuminating book adds a cross-country perspective to the ongoing debate surrounding the scope of application of Article 102 of the TFEU; a debate largely caused by its ambiguous wording. Besides analyzing the case law of the EU Courts and EU Commission that determine what conduct falls in the 'abuse' box, a number of chapters examine the active contribution of national courts and competition authorities in the ongoing process of shaping the meaning of this legal provision. \u003c\/p\u003e\u003cp\u003eAstute and discerning, this book will appeal to academics and researchers in the areas of EU competition law and policy. Its practical examples will also prove beneficial to practitioners and national competition authorities.\u003c\/p\u003e\u003cp\u003e\u003cb\u003eContributors include: \u003c\/b\u003eM. Botta, R. Karova, M. Marquis, G. Monti, P.L. Parcu, P.A. Perinetto, F. Schuhmacher, H. Schweitzer, M. Siragusa, M.L. Stasi, R. Whish\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'An analysis of emerging trends in the application of abuse of dominance provisions is an ambitious endeavour, which the authors of this volume have remarkably achieved. Among the trends identified are an increased focus by courts on the intention to harm competition, new types of abuses and decentralization. These trends shape the authors' analysis of the divergent manners in which Article 102 (and\/or national equivalents) are interpreted and applied both at EU and national levels. Including a thorough study of recent national cases, this book's comparative approach will provide relevant insight to the entire competition law world. I strongly endorse this book and congratulate the authors on their successful contributions.' \u003c\/i\u003e --(Hein Hobbelen, Freshfields Bruckhaus Deringer, Belgium)\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  Foreword  1. Introduction Pier Luigi Parcu, Giorgio Monti and Marco Botta  2. The role of intent in the assessment of conducts under Article 102 TFEU Pier Luigi Parcu and Maria Luisa Stasi  3. Article 102: Sources of Interpretation Giorgio Monti  4.  Article 102 TFEU in the UK: Victims of Abuse Go Directly to Court Richard Whish  5. Standard-essential patents and abusive patent injunctions – the interplay between German courts and the CJEU  Heike Schweitzer  6. Finding of dominance in Austria and Germany – What is the proper role of presumptions of dominance? Florian Schuhmacher  7. Italy - New forms of abuse of dominance and abuse of law  Mario Siragusa  8. Abuse of dominance in regulated sectors in Italy: recent enforcement trends Patrick Actis Perinetto and Mel Marquis  9. Sanctioning excessive energy prices as abuse of dominance; Are the EU Commission and the National Competition Authorities on the same frequency? Rozeta Karova  and Marco Botta  Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412202299735,"sku":"9781785367618","price":94.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781785367618.jpg?v=1730515983"},{"product_id":"regulating-judges-beyond-independence-and-accountability-9781786430786","title":"Regulating Judges: Beyond Independence and","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003ci\u003eRegulating Judges\u003c\/i\u003e presents a novel approach to judicial studies. It goes beyond the traditional clash of judicial independence versus judicial accountability. Drawing on regulatory theory, Devlin and Dodek argue that judicial regulation is multi-faceted and requires us to consider the complex interplay of values, institutional norms, procedures, resources and outcomes. Inspired by this conceptual framework, the book invites scholars from 19 jurisdictions to describe and critique the regulatory regimes for a variety of countries from around the world. \u003cp\u003e\u003c\/p\u003e\u003cp\u003eThis innovative and provocative analysis of the many different ways that judiciaries around the world are regulated covers common law, civil law and other legal systems, and the developed and developing world. Contributors include a diverse talent pool of established scholars and new voices for a globally inclusive comparative examination of judiciaries in Europe, Asia, Africa, the Americas and Australia. The overall conclusion is that the regulation of judges is very much a work in progress, and that a variety of actors bear responsibility for moving the project forward.\u003c\/p\u003e\u003cp\u003eScholars in the fields of law, social sciences, regulation theory, and public administration will find Regulating Judges an impactful read, as will regulators, public policy makers and analysts, and judges themselves.\u003c\/p\u003e\u003cp\u003e\u003cb\u003eContributors include:\u003c\/b\u003e D. Aksamovic, G. Appleby, R.W. Campbell, K.-W. Chan, H. Corder, S.M.R. Cravens, T. Dare, R. Devlin, F. Dias Simoes, A. Dodek, M. Fabri, D. Fennelly, G. Gee, R. Goldstone , M.A. Jardim de Santa Cruz Oliveira, F. Klass, S. Le Mire, J.L. Neo, T.G. Puthucherril, A. Trochev, H. Whalen-Bridge, C. Wolf, F. Yulin, L. Zer-Gutman\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e‘The book makes a fine addition to comparative legal scholarship, and comparative lawyers interested in courts and judges will find it to be a useful resource. The editors' ambition to encourage a broader view of courts through the application of regulatory theory, and by explicitly considering values, processes, resources and outcomes, is to be applauded as it stands to lead to a richer and more nuanced understanding of the judicial institution.’\u003c\/i\u003e -- Lorne Neudorf, Cambridge Law Journal\u003cbr\u003e\u003ci\u003e'Too often, the regulation of judges is justified as striking a 'balance' (usually at an arbitrary point) between judicial independence and public accountability. \u003c\/i\u003eRegulating Judges \u003ci\u003ebreaks from this thinking, resetting an analysis of judicial regulation inside a three-dimensional pyramid of processes, resources, values and outcomes. Devlin and Dodek have mustered an impressive team of scholars to re-evaluate judicial regulation in 19 countries - many themselves constitutionally complex. The result is a weighty collection of intellectual depth and unprecedented geographic breadth. Scholars, judiciaries and, above all, governments should read \u003c\/i\u003eRegulating Judges \u003ci\u003eand learn and digest its insights.'\u003c\/i\u003e --Reid Mortensen, \u003ci\u003eLegal Ethics\u003c\/i\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003ci\u003e'We often use the accountability-independence dichotomy to examine judicial conduct. In their book, \u003c\/i\u003eRegulating Judges: Beyond Independence and Accountability\u003ci\u003e, Professors Richard Devlin and Adam Dodek illuminate the limitations of this approach, developing a more complete regulatory pyramid to capture the complex and multidimensional environment in which judges function. In judging judges, the pyramid provides a framework for examining current systems and proposed changes for decades to come.'\u003c\/i\u003e \u003cbr\u003e --Susan Saab Fortney, Texas A\u0026amp;M University, School of Law\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  Foreword Justice Richard Goldstone  1. Regulating Judges: Challenges, Controversies and Choices Richard Devlin and Adam Dodek  2. The Australian Judiciary: Resistant to Reform? Gabrielle Appleby and Suzanne Le Mire  3. Beyond Independence and Accountability: Balancing Judicial Regulation in Brazil  Maria Angela Jardim de Santa Cruz Oliveira  4. ‘Fighting Words’: Regulating Judges in Canada Adam Dodek and Richard Devlin  5. Moving Target – The Regulation Of Judges In China’s Rapidly Evolving Legal System  Ray Worthy Campbell and Fu Yulin  6. Regulatory Reform in Croatia: An Uphill Battle to Enhance Public Confidence Dubravka Akšamović  7. Judicial Policy in England and Wales: A New Regulatory Space Graham Gee  8. Just ‘The Mouth’ of Statutory Law or More?: The Theory and Practice of Judicial Regulation in Germany Christian Wolf and Fabienne Klass  9. Balancing The Scales Of Justice In India: From Parliamentary Supremacy To Judicial Supremacy And Back? Tony George Puthucherril  10. Reluctant Reformers? Formalizing Judicial Regulation in Ireland David Fennelly  11. Decentralized Regulation: Reconciling Inter-branch Tensions in Israel Limor Zer-Gutman  12. Clash of Visions: Regulating Judges and Prosecutors In Italy Marco Fabri  13.\tRegulating Judges, Japanese-Style: The Prevalence of Informal Mechanisms Kay-Wah Chan  14. A Judicial Code of Ethics: Regulating Judges and Restoring Public Confidence in Malaysia Jaclyn L. Neo and Helena Whalen-Bridge  15. Discipline and Modernise: Regulating New Zealand Judges Tim Dare  16. The Portuguese Judiciary Amid Old and New Crises Fernando Dias Simões  17. An Internal Code of Ethics: Regulating Judges in Singapore Helena Whalen-Bridge and Jaclyn Neo   18. Regulating Judges in Russia’s Dual State: Between Constitutional and Administrative Regimes Alexei Trochev  19. Struggling to Adapt: Regulating Judges in South Africa Hugh Corder  20. Regulating Judges in The United States: Concerns for Public Confidence Sarah M.R. Cravens  Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412329668951,"sku":"9781786430786","price":139.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781786430786.jpg?v=1730516406"},{"product_id":"american-judicial-power-the-state-court-perspective-9781786435651","title":"American Judicial Power: The State Court","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003ci\u003eAmerican Judicial Power: The State Court Perspective\u003c\/i\u003e is a welcome addition to the breadth of studies on the American legal system and provides an accessible and highly illuminating overview of the state courts and their functions.\u003cp\u003eThe study of America's courts is overwhelmingly skewed toward the federal government, and therefore often overlooks state courts and their importance. Michael Buenger and Paul De Muniz fill this gap in the study of American constitutionalism, as they examine the wide and distinctive powers these courts exercise, and their role in administering the bulk of the nation's justice system. This groundbreaking work covers many critical topics pertaining to the state courts, including: a comparison of the role of state and federal courts, the history of America's state courts, the judicial selection processes utilized in the states, the unique roles assigned to state courts and the varying structure of those courts, the relationship between state judicial power and state legislative power, and the opportunities and challenges that are and will be facing the state courts.\u003c\/p\u003e\u003cp\u003eWith an insightful foreword from Sanford Levinson, this revolutionary book will be of interest to students, educators, and researchers in the fields of law, political science, and government. Constitutional law experts will also benefit from an analysis of the state courts and their powers.\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'While no one can deny the broad sweep of US Supreme Court landmarks, if one really wants to understand the justice system in America, and the interrelationship of courts and governance, one cannot overlook state systems. \u003c\/i\u003eAmerican Judicial Power\u003ci\u003e does a thorough job of explaining the many interactions of state governments with state courts, including especially the allocation of governmental powers between state and local governments. For those seeking to understand state government beyond its superficial parallels to the federal system, \u003c\/i\u003eAmerican Judicial Power\u003ci\u003e is an essential work.'\u003c\/i\u003e --Michael A. Wolff, Saint Louis University, School of Law\u003cp\u003e\u003ci\u003e'Justice for most American citizens lives in the corridors and on the websites of state, not federal, courts across the country. This book is a much-needed and extraordinary addition to the scholarship about those courts. State courts are overburdened and underfunded, but as the authors note, they are innovative and exciting as well. Each court is a creature of its own state's history and culture, but ideas and attributes cross state lines regularly. Readers will come away from this book with a far greater understanding of where our state courts have been, and where they are going.'\u003c\/i\u003e --Rebecca Love Kourlis, IAALS, Institute for the Advancement of the American Legal System\u003c\/p\u003e\u003cp\u003e\u003ci\u003e'In the preamble to the United States Constitution the country's founders pronounced that their paramount purpose was to 'establish justice'. But how and why those architects of the American justice system adopted a bifurcated federal and state system of courts was obscure until the publication of\u003c\/i\u003e American Judicial Power\u003ci\u003e. Buenger and De Muniz illustrate for us a blueprint of the amazingly crafted separation of state and federal power, subject matter jurisdiction and appellate review that is the foundation of the world's most transparent and balanced justice system. \u003c\/i\u003eAmerican Judicial Power \u003ci\u003eleads the reader through the evolution of state and federal judicial authority, judicial selection and balancing of separation of powers not only among the legislative, executive and judicial branches of government but through the preservation of the precarious equilibrium of a democratic republic. Written by two dynamic court leaders,\u003c\/i\u003e American Judicial Power \u003ci\u003econnects the past with the future.'\u003c\/i\u003e --Mary Campbell McQueen, President, National Center for State Courts,\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. Context  2. Key Concepts  3. The Role of State Courts: An Historical Perspective  4. Modern State Judicial Selection in Theory and Practice  5. Modern State Judicial Structures  6. State Constitutions, Legislative Policymaking and State Judicial Power  7. State Courts and Emerging Policy Areas  8. Conclusion   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412337336663,"sku":"9781786435651","price":46.95,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781786435651.jpg?v=1730516431"},{"product_id":"the-fragmented-landscape-of-fundamental-rights-protection-in-europe-the-role-of-judicial-and-non-judicial-actors-9781786436047","title":"The Fragmented Landscape of Fundamental Rights","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe composite nature of the EU constitutional legal framework and the presence of different fundamental rights protection actors within the European landscape presents a complex and fragmented scenario in search of a coherent structure. This discerning book provides a thorough analysis and offers a unique perspective on the future of fundamental rights protection in Europe.\u003cp\u003e\u003c\/p\u003e\u003cp\u003eWith engaging contributions from both scholars and practitioners, the chapters consider not only the role of judicial actors but also the increasing relevance of non-judicial bodies, including agencies, national human rights institutions, the Venice Commission and equality bodies. The contributors cover the different features and implications of judicial and non-judicial bodies at national, supranational and institutional level, paying close attention to their interaction and the ways in which each have a role to play in a comprehensive fundamental rights policy. Particular attention is paid to both the individual dimension of rights protection and the systemic dimension of rights monitoring and advisory, which have been largely overlooked in previous studies.\u003c\/p\u003e\u003cp\u003eTaking account of both theory and practice, this book will be a valuable resource to legal scholars in the fields of human rights protection, constitutional law and EU law. Members of national and supranational human rights organizations will also find this a valuable tool in discovering more about the legal foundations of their work.\u003c\/p\u003e\u003cp\u003eContributors include: M. Avbelj, A. Baraggia, F. Fabbrini, M.E. Gennusa, S. Granata, S. Imamovic, K. Meuwissen, S. Menghini, S. Ninatti, O. Pollicino, C. Rauchegger, L.P. Vanoni, L. Violini\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e‘Each contribution in this compendium is well researched and worth reading, making the volume an impeccable resource for anyone interested in the question of fragmentation of fundamental rights protection.’\u003c\/i\u003e -- Christian Breitler, European Yearbook on Human Rights\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:   The Fragmented Nature of Fundamental Rights Protection in Europe: An Introduction Lorenza Violini and Antonia Baraggia  Part I  THE THEORETICAL COMPLEXITY OF THE FUNDAMENTAL RIGHTS PROTECTION SYSTEM IN EUROPE 1. Human Rights Inflation in the European Union Matej Avbelj   2. Fundamental Rights and Federalism in the European Union and the United States: Challenges, Transformations and Normative Questions Federico Fabbrini   3. Common Constitutional Traditions in the Age of the European Bill(s) of Rights: Chronicle of a (somewhat prematurely) Death Foretold Oreste Pollicino   Part II  COURTS INTERACTING IN FUNDAMENTAL RIGHTS PROTECTION 4. The Role of the Court of Justice in the Fragmented European Fundamental Rights Landscape Šejla Imamović  5. The Bundesverfassungsgericht’s Human Dignity Review: Solange III and its Application in Subsequent Case Law Clara Rauchegger   6. Balancing Privacy and National Security in the Global Digital Era: a Comparative Perspective of EU and US Constitutional Systems Luca Pietro Vanoni   Part III  THE ‘HIDDEN’ SIDE OF FUNDAMENTAL RIGHTS PROTECTION: AGENCIES AND INTERNATIONAL BODIES  7. The Fundamental Rights Agency of the EU: a Step on the Way Toward an Integrated EU Policy in the Domain of Fundamental Rights Lorenza Violini   8. Fundamental Rights Protection Beyond Individual Complaints: the Potential of National Human Rights Institutions in Europe Katrien Meuwissen  9. Promoting Equality by Non-Judicial Actors: The Role of Equality Bodies in the European Union Landscape Maria Elena Gennusa   10. The Evolving Paradigm of Human Rights Protection as Interpreted and Influenced by the Venice Commission Simona Granata-Menghini and Stefania Ninatti  Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412337992023,"sku":"9781786436047","price":100.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781786436047.jpg?v=1730516432"},{"product_id":"intellectual-property-and-the-judiciary-9781788113076","title":"Intellectual Property and the Judiciary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'This book fills a gap in IP law. There are many publications on substantive and procedural law in IP litigation. But it was impossible to find a book that addresses the role of the judiciary in IP like this one does. It provides unique insights into the matter from a variety of angles. It brings together editors and authors from the bench, the bar and academia coming from all over Europe, the US and Japan. This book is a must-have for everyone who has an interest in international IP litigation.'\u003c\/i\u003e\u003cbr\u003e- Klaus Grabinski, Justice, Federal Court of Justice (Bundesgerichtshof), Germany\u003cp\u003e\u003c\/p\u003e\u003cp\u003e\u003ci\u003e'This volume makes an important contribution to our understanding of the contours of intellectual property protection through a critical examination of the global trend to adjudicate IP disputes in specialized courts. The editors have assembled an extraordinary group of scholars, practitioners and judges to compare their experiences with various adjudicatory structures.'\u003c\/i\u003e\u003cbr\u003e- Rochelle Dreyfuss, New York University, School of Law, US\u003c\/p\u003e\u003cp\u003e\u003ci\u003eIntellectual Property and the Judiciary\u003c\/i\u003e examines the role of judges in the development, interpretation, and application of intellectual property (IP) law and norms. In this regard, the authors engage in a comparative analysis of various national, European and international court systems while also exploring the competing and complementary roles of legislators and executive actors. \u003c\/p\u003e\u003cp\u003eEach chapter seeks to capture the comparative institutional advantages of government bodies within existing legal frameworks as well as offering a thorough examination of both the common law and civil law traditions in the context of judicial treatment of IP. The result is a series of proposals relating to the architecture of judiciaries and the functional role of judges with the goal of optimally positioning jurists to address complex issues and advance IP doctrine and policy. \u003c\/p\u003e\u003cp\u003eFeaturing high-level authors from both academia and practice, the book will be of great interest to academic researchers and practicing lawyers who have a focus on IP. It will be of particular value to those who are engaged in the rapidly changing enforcement environment of intellectual property rights.\u003c\/p\u003e\u003cp\u003eContributors include: V. Cassiers, M. Ekvad, S. Frankel, C. Geiger, D. Gervais, S. Granata, J. Griffiths, E. Izyumenko, T. Kandeva, S. Lugienbuehl, B. Lynn, S. Martin, C. Mulder, M.O. Müller, C. Nard, K. O'Malley, C.S. Petersen, A. Plomer, J. Schovsbo, X. Seuba, A. Strowel, T. Takenaka, A. von Mühlendahl, G. Würtenberger, P. Yu\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'This well-chosen collection of scholarly, but readable, papers resonates with the work of the WIPO Advisory Committee on Enforcement, where Member States are exchanging experiences on resolving IP disputes in a balanced, holistic and effective manner. It will surely advance the global debate on judicial specialization and institutional arrangements.'\u003c\/i\u003e\u003cbr\u003e --Louise van Greunen, World Intellectual Property Organization (WIPO), Switzerland.\u003cp\u003e\u003ci\u003e'Whether criticized as ''activist'' judges or applauded for their rulings, adjudicating IP is never an easy task. Judges must face complex IP laws, rapidly evolving markets, as well as fundamental social implications and ethical dilemmas. In this book, leading scholars from around the world provide a comprehensive picture of these challenges, offering valuable insights regarding global IP adjudication.'\u003c\/i\u003e\u003cbr\u003e --Raquel Xalabarder, The Open University of Catalonia, Spain\u003c\/p\u003e\u003cp\u003e'Intellectual Property and the Judiciary \u003ci\u003eis a milestone. The in-depth analysis of judiciary practice ranges from typical intellectual property settings to human rights and dispute settlement contexts. It compares national, regional and international experiences. The book is an absolute must for all practitioners and academics seeking to understand the dynamics of judicial decision-making in the field.'\u003c\/i\u003e\u003cbr\u003e --Martin Senftleben, Vrije Universiteit Amsterdam, the Netherlands\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  Introduction Christophe Geiger, Craig Allen Nard and Xavier Seuba  Part I Intellectual Property and European Courts Section 1. Intellectual Property and the European Court of Human Rights 1. Intellectual Property before the European Court of Human Rights Christophe Geiger and Elena Izyumenko  2. The European Court of Human Rights: An Unlikely Forum for the Enforcement of IP Rights Aurora Plomer   3. Copyright and the Human Right to Property: a European and International Case Law Approach Thomas Cottier  Section 2. Intellectual Property and the Court of Justice of the European Union 4. Taking Power Tools to the Acquis - The Court of Justice, the Charter of Fundamental Rights and European Union Copyright Law Jonathan Griffiths   5. Intellectual Property Law made by the Court of Justice of the European Union Vincent Cassiers and Alain Strowel  6. The Role of the European Court of Justice in the European Patent Court System Stefan Luginbuehl and Teodora Kandeva  Section 3. Intellectual Property and the Unified Patent Court 7. Decision-making in the Unified Patent Court: Ensuring a Balanced Approach Clement Salung Petersen and Jens Schovsbo  8. The Patent Mediation and Arbitration Centre: A Centre of Opportunities Sam Granata   9. Scientific Complexity and Patent Adjudication: The Technical Judges of the Unified Patent Court Xavier Seuba  Section 4. Intellectual Property and European Quasi-Judicial Bodies (European Patent Office, European Union Intellectual Property Office and Community Plant Variety Office) 10. The Procedural Rules in Appeal Proceedings before the European Patent Office Cees Mulder and Marcus Müller  11. The Functioning of the Community Plant Variety Office Board of Appeal Martin Ekvad  12. Position of the Board of Appeal in the Legal Protection System for Community Plant Variety Rights Gert Würtenberger  13. The Boards of Appeal of the European Union Intellectual Property Office: an Alien within the Landscape of European Administrative Law!  Stefan Martin  14. The Boards of Appeal of the European Union Intellectual Property Office Alexander von Mühlendahl  Part II Intellectual Property and courts in the United States and Japan  15. The Proposed Structure and Function of the Unified Patent Court: Lessons from the American Judicial Experience The Honorable Kathleen M O’Malley and The Honorable Barbara M G Lynn  16. The Best Practice for Patent Judiciary: Lessons from another Experiment on Specialized Adjudication for Patent Cases in Japan Toshiko Takenaka  17. Europe’s Bold Experiment: Lessons Learned from America’s Patent Law Experience Craig Allen Nard  Part III Intellectual Property and International Adjudication 18. The Interpretation of International Intellectual Property Instruments in National, Regional and International Courts and Tribunals Susy Frankel  19. Investor-State Dispute Settlement and the Trans-Pacific Partnership Peter K Yu  20. Does the WTO Appellate Body ‘Make’ IP Law? Daniel Gervais  Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412499734871,"sku":"9781788113076","price":150.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781788113076.jpg?v=1730516973"},{"product_id":"trials-of-the-state-law-and-the-decline-of-politics-9781788163736","title":"Trials of the State: Law and the Decline of","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eA SUNDAY TIMES BESTSELLER  In the past few decades, legislatures throughout the world have suffered from gridlock. In democracies, laws and policies are just as soon unpicked  as made. It seems that Congress and Parliaments cannot forge progress or consensus. Moreover, courts often overturn decisions made by elected representatives.   In the absence of effective politicians, many turn to the courts to solve political and moral questions. Rulings from the Supreme Courts in the United States and United Kingdom, or the European court in Strasbourg may seem to end the debate but the division and debate does not subside. In fact, the absence of democratic accountability leads to radicalisation. Judicial overreach cannot make up for the shortcomings of politicians.  This is especially acute in the field of human rights. For instance, who should decide on abortion or prisoners' rights to vote, elected politicians or appointed judges?  Expanding on arguments first laid out in the 2019 Reith Lectures, Jonathan Sumption argues that the time has come to return some problems to the politicians.\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003ebrisk, entertaining, brilliant ... one of the great lawyers of our time -- Bryan Appleyard * the Sunday Times *\u003cbr\u003emagisterial -- Edward Fennell * the Times *","brand":"Profile Books Ltd","offers":[{"title":"Default Title","offer_id":49412514152791,"sku":"9781788163736","price":8.54,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781788163736.jpg?v=1730517023"},{"product_id":"competition-law-and-big-data-imposing-access-to-information-in-digital-markets-9781788974257","title":"Competition Law and Big Data: Imposing Access to","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eIn this timely book, Beata Mäihäniemi analyses and evaluates how the characteristics of information as a good, as well as the characteristics of digital platforms, affect the application of competition law in both theory and practice.\u003cp\u003e\u003c\/p\u003e\u003cp\u003e Chapters offer a full evaluation and in-depth analysis of several key case studies in which information such as big data has been obtained, made use of, sold, or biased in an uncompetitive way. Such critical case studies include the European Commission's 2017 judgement against Google for granting illegal advantage to their own comparison shopping service, as well as the Bundeskartellamt's decision regarding Facebook's unfair trading terms under which it was gathering users' data without their voluntary consent. Reacting to these cases, the book offers guidance on how competition law can evolve to accommodate digital markets, such as classifying information as 'commons' or 'commodity', in order to realise social goals such as fairness.\u003c\/p\u003e\u003cp\u003e Compelling and insightful, this book will prove an important companion for students and scholars studying digital markets, as well as competition law more widely. It will also appeal to practitioners working on cases involving the regulation and usage of big data.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e‘This is an excellent work. It is well researched, clearly referenced, well written and logically structured. Its arguments are thought provoking. I am certain that some will find some of the author’s positions controversial. This is a good thing; these positions should shake the reader out of any complacency they may have. I thoroughly enjoyed reading this work and would recommend it to others.’ -- Bruce Wardhaugh, European Competition Law Review\u003cbr\u003e‘... it is a book that may be referred to as it provides a very useful and valuable compendium of references to the relevant cases and materials on Big Data, and articles and commentaries which have been the subject of considerable discussion for over 10 years.’ -- Tim Cowen, Competition Law Journal\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. Introduction  PART I THEORY ON ABUSE OF DOMINANCE IN DIGITAL MARKETS  2. Introduction to Part I: Theory on Abuse of Dominance in Digital Markets  3. Information in digital markets  4. Characteristics of digital markets and their implications on the assessment of market power  5. Dominance of online platforms  6. Law on abuse of dominance in digital markets  PART II REFUSAL TO GIVE ACCESS TO INFORMATION: CASE STUDY OF GOOGLE SEARCH BEHAVIOURS  7. Introduction to Part II: Refusal to Give Access to Information: Case Study of Google Search Behaviours  8. Background on the antitrust investigations into Google  9. Is Google dominant?  10. Contractual restrictions on the portability and management of online search advertising campaigns across Google's AdWords and competing platforms  11. Search bias as an abuse of dominance  12. On the choice of legal procedures and actions for the European Commission in Google Search (Shopping) decision  Part III POLICY RECOMMENDATIONS ON ABUSE OF DOMINANCE BY INFORMATION INTERMEDIARIES  13. Introduction to Part III: Policy Recommendations on Abuse of Dominance by Information Intermediaries  14. Intersection between digital markets and competition law. problems and practical solutions  15. Conclusions   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412568088919,"sku":"9781788974257","price":109.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781788974257.jpg?v=1730517209"},{"product_id":"judicial-engagement-of-international-economic-courts-and-tribunals-9781788979788","title":"Judicial Engagement of International Economic","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eIn this thought-provoking book, Michelle Q. Zang critically examines the practices and outcomes of international economic adjudication through an exploration of a selected group of specialized judicial actors. She draws on an in-depth review of decisions delivered by bilateral, regional and multilateral judiciaries in order to respond to questions surrounding the proliferation and fragmentation of international adjudication, including the concerns and challenges this raises.\u003cp\u003e\u003c\/p\u003e\u003cp\u003e By disentangling and analysing the relationships between the various economic regimes involved, Zang reveals their substantial influence on the manner of engagement between specific adjudicators embedded in these regimes. The book also provides critical discussion about the development of international economic judiciaries, and explores the role of judicial bodies as regime coordinators within specialized and regional regimes under international law. It demonstrates that despite criticisms of plurality as the dominant phenomenon in international economic adjudication, it is not the sole root of the issues examined.\u003c\/p\u003e\u003cp\u003e Scholars and students of international law, in particular those interested in international adjudication and international economic law, will find this book to be crucial reading. It will also prove useful for practitioners specializing in international economic dispute settlement.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'The concern about increasing fragmentation of international law as a consequence of the proliferation of international courts and tribunals has gradually shifted to a more positive expectation about cross-fertilization between different legal areas. What we now need is empirical studies about how the interaction works. Michelle Zang's comprehensive study in the fields of trade and investment through the key concept of ''engagement'' between the relevant courts and tribunals contributes to fill this gap and is highly welcome!'\u003c\/i\u003e\u003cbr\u003e --Geir Ulfstein, University of Oslo, Norway\u003cp\u003e\u003ci\u003e'Zang's book makes an incisive foray into international economic law where numerous bilateral, regional and multilateral judiciaries are active and highlights the various paths that allow for judicial coordination. Even if one cannot deny the existence of incoherence or conflict, the book makes the point that the engagement process of courts and tribunals is healthy and leads more often towards coordination. A welcome positive assessment at a time when the international judicial function is under severe attack.'\u003c\/i\u003e\u003cbr\u003e --Laurence Boisson de Chazournes, University of Geneva, Switzerland\u003c\/p\u003e\u003cp\u003e\u003ci\u003e'A very important addition to the literature on the fragmentation of the international economic legal order and to that of judicial dialog across jurisdictions.'\u003c\/i\u003e\u003cbr\u003e --J.H.H. Weiler, New York University, US\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. Introduction  2. Dialogue through jurisprudence: engagement between the WTO dispute settlement and the Court of Justice of the European Union  3. When the multilateral meets the regional and vice versa: engagement between the WTO dispute settlement and regional adjudicators  4. Competitive friendship: engagement between international trade and investment adjudicators  5. Conclusion  Bibliography   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412576805207,"sku":"9781788979788","price":78.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781788979788.jpg?v=1730517240"},{"product_id":"the-eu-and-constitutional-time-the-significance-of-time-in-constitutional-change-9781789908992","title":"The EU and Constitutional Time: The Significance","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis insightful book examines the inherent fragility of modern liberal constitutionalism and shows how it is in the nature of every constitutional community, including the European Union, to try to protract its own duration as much as possible. The book considers the strengths, weaknesses, tensions, and contradictions of European constitutionalism using the lens of constitutional time.\u003cp\u003e\u003cbr\u003e \u003cbr\u003eThe author’s claim is that duration should not be sought just for its own sake: an internal link between constitutionalism and democracy should be ensured. He suggests two options to achieve this objective. The first centres on decision-making at the subnational or local level and by intermediate bodies, including cities and regions as well as political parties and private bodies. The second focuses on the promotion of socio-economic rights and welfare standards. Through these debates a theory of 'communal constitutionalism' is proposed – placing emphasis on the role of future generations. Combining temporal and reflexive dimensions it addresses the questions of how to be 'secure' and what it means for the EU polity to be 'secure'.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e \u003cbr\u003eThis expertly crafted book will be essential reading for students and scholars of constitutional and administrative law, European law, and legal theory. It will also be of interest to political scientists looking at European constitutionalism and sociologists interested in the development of law beyond the State.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e‘Massimo Fichera examines the constitutional dimensions of the European Union in this learned and intellectually rich volume. He explains but also challenges many familiar constitutional concepts and categories. This book brims with ideas and is critical reading for anyone concerned with the problems and promises of modern constitutionalism.’\u003c\/i\u003e -- Richard Kay, University of Connecticut, US\u003cbr\u003e\u003ci\u003e‘Massimo Fichera has produced a highly original and enlightening extended essay on the way in which the passage of time is factored into the constitutional imaginary both of the modern State and of the  ‘postmodern’ European Union. In so doing, he offers an important response to those voices – theoretical and practical – that doubt the capacity of Europe to frame a common political future.’\u003c\/i\u003e -- Neil Walker, University of Edinburgh, UK\u003cbr\u003e\u003ci\u003e‘This book defends the ambitious thesis that if constitutions articulate what a collective commits to over time, so, too, different interpretations of the temporality of commitment inform different constitutional ideal types. The fractal temporality of communal constitutionalism is well suited, to deal with the challenges of societal commitment in multi-level governance.’\u003c\/i\u003e -- Hans Lindahl, Tilburg University, the Netherlands, and Queen Mary University of London, UK\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. Constitutionalism ideal-types  2. Framing EU constitutional time: a future-oriented theory of constitutional change for the EU  3. The rule of law and populism  4. Longue durée and the economic constitution  5. Communal constitutionalism and the paradox of ‘large time’  6. The EU and constitutional time: conclusions  Bibliography   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412683858263,"sku":"9781789908992","price":80.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781789908992.jpg?v=1730517598"},{"product_id":"the-european-service-regulation-a-commentary-9781800884014","title":"The European Service Regulation: A Commentary","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003ePresenting a systematic article-by-article commentary on the European Service Regulation (recast), and written by renowned experts from several EU Member States, this book gives balanced and informed guidance for the proper operation of judicial cooperation in civil and commercial matters within the EU in the field of cross-border service of documents.\u003cp\u003e\u003cbr\u003e\u003cbr\u003eFirst setting out the origins and evolution of the Regulation, the Commentary proceeds to analyse in forensic detail the relevant case law of both the European Court of Justice and national courts on cross-border service. It moreover points the reader to the pertinent legal scholarship from various EU jurisdictions, and provides a pathway for solving practical problems surrounding the service of documents between Member States of the European Union in civil and commercial proceedings.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003cbr\u003eKey Features:\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cul\u003e\n\u003cli\u003e\u003cbr\u003e\u003c\/li\u003e\n\u003cli\u003eSystematic article-by-article analysis facilitates navigation and reference\u003c\/li\u003e\n\u003cli\u003e\u003cbr\u003e\u003c\/li\u003e\n\u003cli\u003eIntegration of the relevant case law ensures a rounded interpretation of the Regulation\u003c\/li\u003e\n\u003cli\u003e\u003cbr\u003e\u003c\/li\u003e\n\u003cli\u003ePractical approach provides tangible guidance for complex cross-border proceedings\u003c\/li\u003e\n\u003cli\u003e\u003cbr\u003e\u003c\/li\u003e\n\u003cli\u003eRenowned team of contributors offer clarity and insight\/\u003c\/li\u003e\n\u003cli\u003e\n\u003c\/li\u003e\n\u003c\/ul\u003e\u003cp\u003e\u003cbr\u003e\u003cbr\u003eThanks to its in-depth but also practical analysis of each provision of the Regulation, the Commentary will be a valuable resource for judges, scholars and students of European procedural law, as well as for practitioners involved in cross-border civil and commercial litigation.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e‘Written clearly and concisely, this is an in-depth and highly up-to-date analysis of the cross-border service of documents system in the EU. A truly European Commentary based on a comparative approach; crucial reading for anyone involved in, or interested in, this important area of international private law - practitioners, judges, court staff and legal scholars alike.’\u003c\/i\u003e -- Aleš Galič, University of Ljubljana, Slovenia\u003cbr\u003e\u003ci\u003e‘This Commentary offers a thorough and comprehensive analysis of the European Service Regulation, which governs the use of service documents abroad within the European Union. The list of contributors is impressive and includes some of the leading experts in European private international law. It is an essential work for scholars and practitioners of international litigation. A safe guide for navigating the stormy sea of cross-border notifications.’\u003c\/i\u003e -- Michele Angelo Lupoi, Università di Bologna, Italy\u003cbr\u003e\u003ci\u003e‘\u003c\/i\u003eThe European Service Regulation\u003ci\u003e is a well-written and comprehensive analysis of the importance of cross border service of documents. It provides a clear and concise roadmap for anyone dealing with cross-border disputes and should be compulsory reading for all involved in the well-functioning of the EU judicial area.’\u003c\/i\u003e -- Marc Schmitz, International Union of Judicial Officers (UIHJ)\u003cbr\u003e\u003ci\u003e‘This comprehensive and carefully written article-by-article Commentary provides a valuable experts’ guide to all the novel features of the Recast Service Regulation. It deserves a prominent place on every practitioner’s physical or digital desk.’\u003c\/i\u003e -- Symeon C Symeonides, Willamette University, Oregon\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  The European Service Regulation: Introduction 1 Andreas Stein  CHAPTER I GENERAL PROVISIONS 1 Scope 27 Apostolos Anthimos 2 Definitions 59 Elena Alina Onţanu 3 Transmitting and receiving agencies 64 Marta Requejo Isidro 4 Central body 68 Marta Requejo Isidro 5 Means of communication to be used by transmitting agencies, receiving agencies and central bodies 71 Marta Requejo Isidro 6 Legal effects of electronic documents 76 Burkhard Hess 7 Assistance in address enquiries 79 Burkhard Hess  CHAPTER II JUDICIAL DOCUMENTS 8 Transmission of documents 86 Michael Stürner 9 Translation of documents 93 Gilles Cuniberti 10 Receipt of documents by receiving agency 96 Michael Stürner 11 Service of documents 101 Michael Stürner 12 Refusal to accept a document 105 Gilles Cuniberti 13 Date of service 120 Vincent Richard 14 Certificate of service and copy of the document served 129 Stefano Dominelli 15 Costs of service 143 Stefano Dominelli 16 Transmission by diplomatic or consular channels 156 Christian Koller 17 Service by diplomatic agents or consular officers 160 Kevin Labner 18 Service by postal services 168 Vincent Richard 19 Electronic service 177 Apostolos Anthimos 20 Direct service 191 Pietro Franzina  CHAPTER III EXTRAJUDICIAL DOCUMENTS 21 Transmission and service of extrajudicial documents 198 Pietro Franzina  CHAPTER IV FINAL PROVISIONS 22 Defendant not entering an appearance 205 Apostolos Anthimos 23 Amendment of Annex I 236 Apostolos Anthimos 24 Exercise of the delegation 239 Apostolos Anthimos 25 Adoption of implementing acts by the Commission 243 Apostolos Anthimos 26 Committee procedure 246 Apostolos Anthimos 27 Reference implementation software 249 Elena Alina Onţanu 28 Costs of the decentralised IT system 255 Elena Alina Onţanu 29 Relationship with agreements or arrangements between Member States 260 Apostolos Anthimos 30 Legal aid 265 Apostolos Anthimos 31 Protection of information transmitted 267 Alexandros Ioannis Kargopoulos 32 Respect for fundamental rights under Union law 286 Alexandros Ioannis Kargopoulos 33 Communication, publication and manual 299 Apostolos Anthimos 34 Monitoring 302 Apostolos Anthimos 35 Evaluation 306 Apostolos Anthimos 36 Repeal 309 Apostolos Anthimos 37 Entry into force and application 311 Apostolos Anthimos Bibliography 313  Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412826464599,"sku":"9781800884014","price":175.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781800884014.jpg?v=1730518243"},{"product_id":"the-judicial-system-the-administration-and-politics-of-justice-9781800888425","title":"The Judicial System: The Administration and","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. \u003cp\u003e\u003c\/p\u003e\u003cp\u003e In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization.\u003c\/p\u003e\u003cp\u003e Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.'\u003c\/i\u003e\u003cbr\u003e -- Kjell Å Modéer, Lund University, Sweden\u003cbr\u003e\u003ci\u003e'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.'\u003c\/i\u003e\u003cbr\u003e -- John Bell, University of Cambridge, UK\u003cbr\u003e\u003ci\u003e'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.'\u003c\/i\u003e\u003cbr\u003e --Leonardo Morlino, LUISS Guido Carli, Italy\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. The Judge: A New Actor in the Political Landscape  2. Doing Justice  3. The Judicial System: Access to Courts  4. The Judicial System: Adjudication  5. The Judiciary  6. Models of judicial decision-making  7. Theories of Judicial Power  8. The Expansion of Judicial Power: Cases  9. Courts and Politics: What Relationships?  Bibliography   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49412831576407,"sku":"9781800888425","price":27.95,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781800888425.jpg?v=1730518261"},{"product_id":"the-judicial-system-the-administration-and-politics-of-justice-9781839100352","title":"The Judicial System: The Administration and","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eExploring the growing significance of the administration of justice in both democratic and non-democratic countries, often labeled as 'the judicialization of politics', this timely book considers how increased levels of interest in the analysis of judicial institutions have been triggered. It examines the expansion of the role of judges and courts in the political system and the mixed reactions generated by these developments. \u003cp\u003e\u003c\/p\u003e\u003cp\u003e In this comprehensive book, Carlo Guarnieri and Patrizia Pederzoli draw on a wealth of experience in teaching and research in the field, moving beyond traditional legal analysis and providing a clear, concise and all-encompassing introduction to the phenomenon of the administration of justice and all of its traits. Facilitating a deeper understanding of the concrete dynamics characterizing the judicial system and its relationships with the political environment, it also offers a balanced assessment of the process of judicialization.\u003c\/p\u003e\u003cp\u003e Students and scholars interested in comparative law and politics, and law and society, who wish to broaden their understanding of courts and the operation of the judicial system will find this to be a valuable resource. The wide coverage of cases from both common and civil law traditions will also appeal to practitioners.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e'This book is a brilliant interdisciplinary introduction to the role of the courts and their judicial actors in the current time of political transition. The authors not only elaborate on the dynamic role between politics and courts in a long-term perspective within constitutional and judicial cultures, but they also analyze the increasingly expansive constitutional justice within a strong ''culture of rights''. This is a first class book in the fields of human rights law, constitutional law, procedural law, political science and comparative legal history.'\u003c\/i\u003e\u003cbr\u003e -- Kjell Å Modéer, Lund University, Sweden\u003cbr\u003e\u003ci\u003e'Guarnieri and Pederzoli offer us a critical assessment of where judges fit into modern democratic institutions where trust in politics can no longer be taken for granted. Their approach is thorough and thought-provoking, drawing on the contemporary experiences of many different countries. It is a ''must'' for political scientists and lawyers, as well as for the general reader wanting to be informed on a vital issue for today s constitutions.'\u003c\/i\u003e\u003cbr\u003e -- John Bell, University of Cambridge, UK\u003cbr\u003e\u003ci\u003e'In a time of democratic malaise, deterioration and, in some cases, even deep crisis, an analysis of the effective workings of the judicial system and its politically relevant connections is especially necessary to make sense of those problems and consequences for citizens. With this book Guarnieri and Pederzoli have written a definitive contribution to such understanding.'\u003c\/i\u003e\u003cbr\u003e --Leonardo Morlino, LUISS Guido Carli, Italy\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents: 1. The Judge: A New Actor in the Political Landscape  2. Doing Justice  3. The Judicial System: Access to Courts  4. The Judicial System: Adjudication  5. The Judiciary  6. Models of judicial decision-making  7. Theories of Judicial Power  8. The Expansion of Judicial Power: Cases  9. Courts and Politics: What Relationships?  Bibliography   Index","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49413243797847,"sku":"9781839100352","price":94.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781839100352.jpg?v=1730519508"},{"product_id":"the-eu-and-the-rule-of-law-in-international-economic-relations-an-agenda-for-an-enhanced-dialogue-9781839103346","title":"The EU and the Rule of Law in International","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis timely book explores the complexities of the EU’s international economic relations in the context of its commitment to the rule of law both within the Union and internationally. It does so from three main standpoints: the ‘autonomy’ of the EU and judicial dialogue, the rule of law through treaty drafting, and the role of international courts and tribunals in upholding the rule of law.\u003cp\u003e\u003cbr\u003e\u003cbr\u003eBringing together diverse perspectives from both EU and international law scholars and practitioners, the book investigates some of the most controversial and lively issues in the field of EU external relations, such as the relationship between EU law and international investment arbitration. The contributions consider how dialogue between EU law and international law can enhance the rule of law, providing an analysis of legal issues that also offers concrete tools for overcoming the challenges that arise from them.\u003c\/p\u003e\u003cp\u003e\u003cbr\u003e\u003cbr\u003eScholars and practitioners working in EU external relations, constitutional EU law, and public international law will find this book to be essential reading. Its critical approach will also be of great interest to policymakers in Europe and beyond.\u003c\/p\u003e\u003cp\u003e\u003c\/p\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003e\u003ci\u003e‘The performance of the European Union as a promoter and enforcer of the Rule of Law in international politics is so poor it makes me cry. The only chapter of international law in which the EU shows muscle is international economic law. New developments in this area are what the core of the present book is about and it treats them in a singularly dense and complete way, with an emphasis on the legal structures and procedures featuring in the Union’s Common Commercial Policy. What it offers on Achmea, for instance, counts among the best reads about this Pandora’s Box I have come across.’\u003c\/i\u003e -- Bruno Simma, Judge, Iran-United States Claims Tribunal, and former Judge, International Court of Justice, The Hague\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eContents:  Foreword x PART I RULE OF LAW: BETWEEN AUTONOMY AND JUDICIAL DIALOGUE 1 The EU: Unifying or fragmenting force in international law? 2 Philippa Webb 2 Three years after Achmea: What is said, what is unsaid, and what could follow 14 Andrea Biondi and Giorgia Sangiuolo 3 Opinion 1\/17 of the Court of Justice on the legality, under EU law, of the investor-to-state dispute settlement mechanism included in the CETA agreement. A case of legal pragmatism or the dawn of a new era? 37 Sonja Boelaert 4 Investment tribunals vis-à-vis national courts: Lessons on judicial dialogue from the EU 69 Urszula Jaremba and Giancarlo Piscitelli 5 The relationship between the Court of Justice of the European Union and international courts after Opinion 1\/17 89 Ewa Żelazna 6 Settling disputes on TSD Chapters of EU FTAs: Recent trends and future challenges in the light of CJEU Opinion 2\/15 107 Susanna Villani  PART II PROMOTING DIALOGUE IN THE EU EXTERNAL ECONOMIC RELATIONS. DIALOGUE BY TREATY DRAFTING 7 The price for a seat at the ISDS reform table: CJEU’s clearance of the EU’s investment protection policy in Opinion 1\/17 and its impact on the EU constitutional order 127 Steffen Hindelang 8 Draft EU-Swiss institutional agreement: Towards a new institutional paradigm? 154 Adam Łazowski 9 The role of treaty drafting in ensuring the binding nature and enforcement of international rulings handed down against States or international institutions: A comparison of EU and US case-law 180 Quentin Declève 10 The phasing-out of intra-EU BITs and the risk for the rule of law 194 Raymundo Tullio Treves 11 Unleash the liger: The nature of the investment court system and its impact on enforcement 213 Simon Weber 12 Human rights scrutiny under the EU Generalised Scheme of Preferences: The Uzbek cotton industry as a case study 238 Rosana Garciandia 13 New tendencies in Free Trade Agreement drafting: International financial standards in the EU Free Trade Agreements 257 Elisa Longoni  PART III INTERNATIONAL COURTS AND TRIBUNALS UPHOLDING THE RULE OF LAW 14 Some remarks on the contribution of UN courts and tribunals to the rule of law and the unity of international law 277 Fausto Pocar 15 Old stage, new actors: The PCA as a platform for an evolving rule of law 288 Hugo H. Siblesz 16 WTO dispute settlement: A curse or a bliss in international trade relations? 300 Federico Ortino 17 Judicial protection in the EEA 311 Frank J. Büchel and Carsten Zatschler  Index 333","brand":"Edward Elgar Publishing Ltd","offers":[{"title":"Default Title","offer_id":49413249859927,"sku":"9781839103346","price":121.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0817\/1739\/5799\/files\/9781839103346.jpg?v=1730519522"},{"product_id":"the-nobile-officium-the-extraordinary-equitable-jurisdiction-of-the-supreme-courts-of-scotland-9781904968337","title":"The Nobile Officium: The Extraordinary Equitable","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThe nobile officium gives the supreme courts of Scotland jurisdiction to do something out of the ordinary to prevent oppression or injustice where no other remedy or procedure is available. It may be used in any issue justiciable before the courts. 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