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Author: Basil Markesinis Publisher: ISBN: Category : Law Languages : en Pages : 248
Book Description
The second volume in an annual series based on lectures held at the Center for European Law Studies in Oxford, this volume examines the respective roles in the legal process of judges, legislators, academics, and regulators, as well as the ways in which these players influence one another. Each group was represented at the lectures, and both the diversity of experience and the depth of knowledge of those in attendance are in evidence throughout this book. Like the first, this volume collects contributions from some of the world's most distinguished legal professionals.
Author: Basil Markesinis Publisher: ISBN: Category : Law Languages : en Pages : 248
Book Description
The second volume in an annual series based on lectures held at the Center for European Law Studies in Oxford, this volume examines the respective roles in the legal process of judges, legislators, academics, and regulators, as well as the ways in which these players influence one another. Each group was represented at the lectures, and both the diversity of experience and the depth of knowledge of those in attendance are in evidence throughout this book. Like the first, this volume collects contributions from some of the world's most distinguished legal professionals.
Author: William E. Forbath Publisher: Harvard University Press ISBN: 0674037081 Category : Law Languages : en Pages : 231
Book Description
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.
Author: Stephen B. Presser Publisher: ISBN: 9781634590457 Category : Law Languages : en Pages : 0
Book Description
"There is no nation in which the teachers of law play a more prominent role than in the United States. In this unique volume Stephen Presser, a law professor for four decades, explains how his colleagues have both furthered and frustrated the American ideals that ours is a government of laws not men, and that our legal system ought to promote justice for all. In a dazzling review of three centuries of teaching about American law, from Blackstone to Barack Obama, Presser shows how these extraordinary men and women shaped not only our law, but also our politics and culture"--Publisher's website.
Author: Lucy E. Salyer Publisher: Univ of North Carolina Press ISBN: 9780807864319 Category : Law Languages : en Pages : 360
Book Description
Focusing primarily on the exclusion of the Chinese, Lucy Salyer analyzes the popular and legal debates surrounding immigration law and its enforcement during the height of nativist sentiment in the early twentieth century. She argues that the struggles between Chinese immigrants, U.S. government officials, and the lower federal courts that took place around the turn of the century established fundamental principles that continue to dominate immigration law today and make it unique among branches of American law. By establishing the centrality of the Chinese to immigration policy, Salyer also integrates the history of Asian immigrants on the West Coast with that of European immigrants in the East. Salyer demonstrates that Chinese immigrants and Chinese Americans mounted sophisticated and often-successful legal challenges to the enforcement of exclusionary immigration policies. Ironically, their persistent litigation contributed to the development of legal doctrines that gave the Bureau of Immigration increasing power to counteract resistance. Indeed, by 1924, immigration law had begun to diverge from constitutional norms, and the Bureau of Immigration had emerged as an exceptionally powerful organization, free from many of the constraints imposed upon other government agencies.
Author: Gordon Silverstein Publisher: Cambridge University Press ISBN: 0521896479 Category : Law Languages : en Pages : 337
Book Description
Law's Allure explains how, when, and why America's reliance on legal rules and judicial decisions shapes, constrains, saves, and sometimes even kills politics.
Author: Püschmann, Jonas Publisher: Edward Elgar Publishing ISBN: 180088396X Category : Political Science Languages : en Pages : 488
Book Description
International Humanitarian Law (IHL) is in a state of some turbulence, as a result of, among other things, non-international armed conflicts, terrorist threats and the rise of new technologies. This incisive book observes that while states appear to be reluctant to act as agents of change, informal methods of law-making are flourishing. Illustrating that not only courts, but various non-state actors, push for legal developments, this timely work offers an insight into the causes of this somewhat ambivalent state of IHL by focusing attention on both the legitimacy of law-making processes and the actors involved.
Author: Albert Sanchez-Graells Publisher: Kluwer Law International B.V. ISBN: 940350143X Category : Law Languages : en Pages : 514
Book Description
The first part of the book offers a unique reflection on enduring themes in public procurement law such as the shaping of the scope of this regulatory regime, the development of tighter criteria for the exclusion of candidates and tenderers, the conduct of qualitative selection, the consolidation of the court’s previous approach to technical specifications, new developments in tender evaluation, the inclusion of contract performance clauses with a social orientation, and, last but not least, the development of interpretive guidance concerning several aspects of the procurement remedies regime. The book shows that the period 2015–2017 has been an interesting and rather intense period for the development of EU public procurement law, where the CJEU has not only consolidated some parts of its long-standing procurement case law but also introduced significant innovations that can create future challenges for the consistency of this regulatory regime. The first part of the book concludes with some thoughts on some of the salient aspects of this recent episode of silent reform of EU public procurement law through CJEU case law. The second part of the book contains the essential excerpts of forty-one chronologically ordered judgments issued by the CJEU in the period 2015–2017, which have been selected because they either raise new issues or important matters of public procurement law. Each of the selected judgments is followed by an exhaustive and critical in-depth analysis, highlighting and providing insight into its legal and practical issues and consequences. An exhaustive subject-index offers the reader quick and easy access to the case law treated in this book. This unique book, a ‘must-have’ reference work for judges and courts of all EU Member States and candidate countries and academics and legal professionals who are active in the field of procurement law, will also be valuable for law libraries and law schools across the world and for law students who focus their research and studies on EU law.
Author: Roy Shapira Publisher: Cambridge University Press ISBN: 1316946916 Category : Law Languages : en Pages : 271
Book Description
The legal system affects behavior not just directly, by imposing sanctions, but also indirectly, by producing information on how people behave. For example, internal company documents exposed during litigation will help third parties assess whether they trust a company and want to keep doing business with it. The law therefore affects behavior by shaping reputations. Drawing on economics, communications, and a nascent multidisciplinary literature on reputation, Roy Shapira highlights how reputation works, and how information from the courtroom affects the court of public opinion, with a particular emphasis on the role of the media. By fleshing out interactions between law and reputation, Shapira corrects common misperceptions about the ability of market forces to discipline corporate behavior and adds to timely, ongoing debates such as the desirability of heightened pleading standards or mandatory arbitration clauses. Law and Reputation should interest any scholar who invokes notions of market discipline in their work.
Author: Michael P. Scharf Publisher: Cambridge University Press ISBN: 052176680X Category : History Languages : en Pages : 333
Book Description
All ten of the living former U.S. State Department legal advisers from the Carter administration to that of George W. Bush examine the role international law played during the major crises on their watch.
Author: Basil Markesinis
Author: Basil Markesinis
Author: William E. Forbath
Author: Stephen B. Presser
Author: United States. Congress
Author: Lucy E. Salyer
Author: Gordon Silverstein
Author: Püschmann, Jonas
Author: Albert Sanchez-Graells
Author: Roy Shapira
Author: Michael P. Scharf