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The Legacy of Pluralism: The Continental Jurisprudence of Santi Romano, Carl Schmitt, and Costantino Mortati (Jurists: Profiles in Legal Theory)
by Mariano Croce Marco GoldoniHow should the state face the challenge of radical pluralism? How can constitutional orders be changed when they prove unable to regulate society? Santi Romano, Carl Schmitt, and Costantino Mortati, the leading figures of Continental legal institutionalism, provided three responses that deserve our full attention today. Mariano Croce and Marco Goldoni introduce and analyze these three towering figures for a modern audience. Romano thought pluralism to be an inherent feature of legality and envisaged a far-reaching reform of the state for it to be a platform of negotiation between autonomous normative regimes. Schmitt believed pluralism to be a dangerous deviation that should be curbed through the juridical exclusion of alternative institutional formations. Mortati held an idea of the constitution as the outcome of a basic agreement among hegemonic forces that should shape a shared form of life. The Legacy of Pluralism explores the convergences and divergences of these towering jurists to take stock of their ground-breaking analyses of the origin of the legal order and to show how they can help us cope with the current crisis of national constitutional systems.
The Legacy of Punishment in International Law
by Harry D. GouldThis book explores the evolution of international punishment from a natural law-based ground for the use of force and conquest to a series of jurisdictional and disciplinary practices in international law not previously seen as being conceptually related.
The Legacy of Ruth Bader Ginsburg
by Scott DodsonRuth Bader Ginsburg was a legal icon. In more than four decades as a lawyer, professor, appellate judge, and Associate Justice of the US Supreme Court, Ginsburg influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg made over the last half-century. Including chapters written by prominent court-watchers and leading scholars from law, political science, and history, the book offers diverse perspectives on an array of doctrinal areas and different periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law. This updated second edition features a new foreword from Supreme Court Justice Stephen G. Breyer and a new introduction from the editor Scott Dodson.
The Legacy of Ruth Bader Ginsburg
by Scott DodsonRuth Bader Ginsburg is a legal icon. In more than four decades as a lawyer, professor, appellate judge, and associate justice of the U. S. Supreme Court, Ginsburg has influenced the law and society in real and permanent ways. This book chronicles and evaluates the remarkable achievements Ruth Bader Ginsburg has made over the past half century. Including chapters written by prominent court watchers and leading scholars from law, political science, and history, it offers diverse perspectives on an array of doctrinal areas and on different time periods in Ginsburg's career. Together, these perspectives document the impressive legacy of one of the most important figures in modern law.
The Legacy of Vattel's Droit des gens
by Koen Stapelbroek Antonio TrampusThis edited collection offers a reassessment of the complicated legacy of Emer de Vattel’s Droit des gens, first published in 1758. One of the most influential books in the history of international law and a major reference point in the fields of international relations theory and political thought, this book played a role in the transformation of diplomatic practice in the eighteenth and nineteenth century. But how did Vattel’s legacy take shape? The volume argues that the enduring relevance of Vattel’s Droit des gens cannot be explained in terms of doctrines and academic disciplines that formed in the late nineteenth and twentieth centuries. Instead, the chapters show how the complex reception of this book took shape historically and why it had such a wide geographical and disciplinary appeal until well into the twentieth century. The volume charts its reception through translations, intellectual, ideological and political appropriations as well as new practical usages, and explores Vattel’s discursive and conceptual innovations. Drawing on a wide range of sources, such as archive memoranda and diplomatic correspondences, this volume offers new perspectives on the book’s historical contexts and cultures of reception, moving past the usual approach of focusing primarily on the text. In doing so, this edited collection forms a major contribution to this new direction of study in intellectual history in general and Vattel’s Droit des gens in particular.
Legal Accents, Legal Borrowing: The International Problem-Solving Court Movement
by James L. NolanA wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.
Legal Accountability and Britain's Wars 2000-2015 (Routledge Research in International Law)
by Peter RoweThis book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
Legal Agreements on Smart Contract Platforms in European Systems of Private Law (Law, Governance and Technology Series #56)
by Jasper VerstappenBlockchains and smart contracts are emerging technologies that pose unique challenges for legal systems. This book outlines the extent to which these new and innovative technologies could have potentially disruptive effects on contract law in Europe. It does so through a comparative, three-part analysis of the recognisability and effects of smart contracts in European legal systems. First of all, in light of the technologies’ transboundary nature, the book employs a comparative approach, considering French law, German law, English law, and Dutch law to analyse the impact on the different systems of contract law. While doing so, it also addresses the formation, interpretation, and vitiation of contracts. Secondly, it analyses the impact of these technologies on European laws regarding unfair terms in consumer contracts and argues that the existing rules should be applied to smart legal agreements in business-to-consumer relations. Lastly, it analyses the current European rules of private international law on the basis of which jurisdiction and applicable law are developed. In this respect, the book concludes that the vast majority of these European rules are “smart contract-proof”.
Legal Aid in Crisis: Assessing the Impact of Reform
by Sarah Moore Alex NewburyOriginally introduced as a form of social welfare with near-universal eligibility, legal aid in the UK is now framed as a benefit external to the legal system and understood in primarily economic terms. This book is the first to evaluate the recent reforms of UK legal aid from a social policy perspective and assess their impact on family law courts and advocacy. Written by experts in the field, it focuses on the rise in people representing their own legal case and argues that the reforms effectively ‘delawyerise’ disputes, producing a more inquisitorial justice system and impacting the litigants, court system, staff and process. Arguing for a more holistic concept of the reforms, the book will be of relevance to students, academics, policy-makers, judges, campaigners and social workers, not just in England and Wales, but in other jurisdictions instituting cuts to their legal aid budgets, such as Australia, Scotland, France, and the Netherlands.
The Legal Aid Market: Challenges for Publicly Funded Immigration and Asylum Legal Representation
by Jo WildingEven though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
Legal Analysis: The Fundamental Skill
by David S. Romantz Kathleen Elliott VinsonThe third edition of Legal Analysis: The Fundamental Skill continues to teach students the critical skills of legal reasoning. This popular book introduced the CREAC paradigm to law students. The third edition builds on the basics of the CREAC paradigm and explains how to use CREAC in a variety of additional ways. The book is a practical and clear guide that explains the many ways lawyers analyze the law. The authors demystify legal analysis through step-by-step explanations of the different levels of critical thinking to thoroughly explain and apply the law to a client's case. New examples and exercises are also included.
A Legal Analysis of the Belt and Road Initiative: Towards a New Silk Road?
by Giuseppe Martinico Xueyan WuWhat does the Belt and Road Initiative mean for the existing multilateral organisations? What can it represent for the future of the European Union in the long run? What is the role of hard and soft law in the functioning of the Initiative? What does it represent from a legal theory perspective? This book aspires to contribute to the international debate by gathering scholars with different backgrounds (legal theorists, public international lawyers, comparative lawyers) in a way that they can offer their inputs and observations concerning the Belt and Road Initiative.
The Legal Analyst: A Toolkit for Thinking about the Law
by Ward FarnsworthDrawing on economics, game theory, psychology, jurisprudence, and other fields. Ward Farnsworth's "The Legal Analyst" is a fascinating guide to tools for thinking about the law. Every idea is taught step-by-step, explained in clear, lively language, and illustrated with telling examples. The result is an indispensable book for law students, lawyers, scholars, and anyone else interested in legal questions.
The Legal Analyst: A Toolkit for Thinking about the Law (Late Medieval And Early Renaissance Music In Facsimile Ser.)
by Ward FarnsworthThere are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples.The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.
Legal Analytics: The Future of Analytics in Law
by Namita Singh Malik, Elizaveta A Gromova, Smita Gupta and Balamurugan BalusamyLegal Analytics: The Future of Analytics in Law navigates the crisscrossing of intelligent technology and legal field in building up new landscape of transformation. Legal automation navigation is multidimensional wherein it intends to construct streamline communication, approval and management of legal task. Evolving environment of technology has emphasized need for better automations in legal field from time to time. Although legal scholars took long to embrace Information revolution of legal field. •Describes the historical development of law and automation •Analyses the challenges and opportunities in law and automation •Studies the current research and development in the convergence of Law, Artificial Intelligence and Legal Analytics •Explores the recent emerging trends and technologies that are used by various legal System globally for Crime Prediction & Prevention •Examines the applicability of legal analytics in forensic investigation •Investigates the impact of legal analytics tools and techniques in judicial decision making •Analyses deep learning techniques and its scope in accelerating legal analytics in developed and developing countries • Provides the in-depth analysis of implementation, challenges and issues in the society related to legal analytics The book is primarily aimed at graduates, postgraduates in law & technology, computer science and information technology. Legal practitioners and academicians will also find this book helpful.
The Legal and Economic Implications of Electronic Discovery
by Robert H. Anderson Nicholas M. Pace James N. DertouzosThe growing volume of electronically stored information has led to concerns that requests for electronic discovery (e-discovery) can increase litigation costs, impose new risks on lawyers and their clients, and alter expectations about likely court outcomes. The authors provide an overview of the issues involved and outline five avenues for future research on the legal and economic implications of e-discovery.
Legal and Economic Principles of World Trade Law
by Henrik Horn Petros C. MavroidisThe World Trade Organization (WTO) Agreement covers international commerce in goods and services including measures that directly affect trade, such as import tariffs and quotas, and almost any type of internal measure with an impact on trade. Legal and Economic Principles of World Trade Law contributes to the analysis of the texts of World Trade Law in law and economics, reporting work done to identify improvements to the interpretation of the Agreement. It starts with background studies, the first summarizes The Genesis of the GATT, which highlights the negotiating history of the GATT 1947-1948; the second introduces the economics of trade agreements. These are followed by two main studies. The first, authored by Bagwell, Staiger, and Sykes discusses legal and economic aspects of the GATT regulation of border policy instruments, such as import tariffs and import quotas. The second, written by Grossman, Horn, and Mavroidis, focuses on the core provision for the regulation of domestic policy instruments – the National Treatment principles in Art. III GATT.
Legal and Ethical Challenges of Artificial Intelligence from an International Law Perspective (Law, Governance and Technology Series #46)
by Themistoklis TzimasThis book focuses on the legal regulation, mainly from an international law perspective, of autonomous artificial intelligence systems, of their creations, as well as of the interaction of human and artificial intelligence. It examines critical questions regarding both the ontology of autonomous AI systems and the legal implications: what constitutes an autonomous AI system and what are its unique characteristics? How do they interact with humans? What would be the implications of combined artificial and human intelligence? It also explores potentially the most important questions: what are the implications of these developments for collective security –from both a state-centered and a human perspective, as well as for legal systems? Why is international law better positioned to make such determinations and to create a universal framework for this new type of legal personality? How can the matrix of obligations and rights of this new legal personality be construed and what would be the repercussions for the international community? In order to address these questions, the book discusses cognitive aspects embedded in the framework of law, offering insights based on both de lege lata and de lege ferenda perspectives.
The Legal and Ethical Environment of Business Version 4.0
by Terence Lau Lisa JohnsonThe Legal and Ethical Environment of Business v4.0 is a highly accessible textbook uses summaries of cases and case excerpts to improve student understanding. Lau and Johnson are focused on getting students to understand the reason for the law rather than just memorizing the law and its key elements.
Legal and Ethical Issues for Health Professionals
by George PozgarLegal and Ethical Issues for Health Professionals, Fourth Edition is a concise and practical guide to legal and ethical dilemmas facing healthcare professionals in the real-world today. Thoroughly updated and featuring new case studies, this dynamic text will help students to better understand the issues they will face on the job and the implications in the legal arena. With contemporary topics, real-world examples, and accessible language, this comprehensive text offers students an applied perspective and the opportunity to develop critical thinking skills. Legal and Ethical Issues for Health Professionals provides an effective transition from the classroom to the reality of a clinical environment.
Legal and Ethical Issues for Health Professionals
by George D. PozgarLegal and Ethical Issues for Health Professionals, Fifth Edition is a concise and practical guide to legal and ethical dilemmas facing healthcare professionals in the real-world today. Thoroughly updated and featuring new case studies, this dynamic text will help students to better understand the issues they will face on the job and the implications in the legal arena. With contemporary topics, real-world examples, and accessible language, this comprehensive text offers students an applied perspective and the opportunity to develop critical thinking skills. Legal and Ethical Issues for Health Professionals provides an effective transition from the classroom to the reality of a clinical environment.
Legal And Ethical Issues For Health Professions
by Elsevier IncWith coverage of both legal and ethical issues, this text gives you the foundation to handle common health care challenges in everyday practice. Legal and Ethical Issues for Health Professions, 4th Edition includes practice cases specifically developed for key allied health programs along with enhanced pedagogical content. Additionally, it features a variety of exercises to help reinforce content from the book, as well as updated coverage of medical records, privacy, patient consent and abuse, the impact of inter professional team work, and key industry trends.
Legal and Ethical Issues in Acquisitions
by Katina Strauch Bruce StrauchHere is a timely new book on the pressing legal and ethical issues that are faced by librarians on a daily basis. Chapters written by librarians, lawyers, accountants, and business people discuss the concept of acquisitions as a business, address some of the ramifications of the climate in which practicing acquisitions librarians now find themselves, and examine some of the skills that will be required as the acquisitions librarian changes to meet the emerging demands.Legal and Ethical Issues in Acquisitions features: an overview of antitrust issues in publishing practical suggestions for communicating with publishers a discussion of the acquisitions librarian’s role in dealing with charitable contributions a look at the issues involved in the purchase of new technologies information on the ethical and fiscal problems associated with the selection of appropriate materials for library collections a view of the business relationship between libraries and booksellers legal advice on the ramifications of a library allowing juveniles access to materials that are inappropriate for their age insider information on subscription vendor service charges and on getting the “best deal” a philosophical look at the problem of weeding books from a library’s collection
Legal and Ethical Regulation of Biomedical Research in Developing Countries
by Remigius N. NwabuezeThere has been a rapid increase in the pace and scope of international collaborative research in developing countries in recent years. This study argues that whilst ethical regulation of biomedical research in Africa and other developing countries has attracted global attention, legal liability issues, such as the application of common law rules and the development of legally enforceable regulations, have been neglected. It examines some of the major research scandals in Africa and suggests a new ethical framework against which clinical trials could be conducted. The development of research guidelines in Uganda, Tanzania, Malawi and Nigeria are also examined as well as the role of ethics committees. Providing a detailed analysis of the law of negligence and its application to research ethics committees and their members, common law and constitutional forms of action and potential negligence claims, the book concludes by suggesting new protocols and frameworks, improved regulation and litigation. This book will be a valuable guide for students, researchers, and policy-makers with an interest in medical law and ethics, bioethics, customary law in Africa and regulation in developing countries.
Legal and Ethical Standards in Corporate Insolvency (Routledge Research in Corporate Law)
by Elizabeth StretenRecent financial crisis and the global financial impacts of the COVID-19 pandemic have brought renewed interest to the regulation and practice of corporate insolvency and restructuring.Modernisation of the insolvency profession, and the regulation of its practitioners, is a contemporary concern and recent years have seen significant reforms of insolvency law. The success of such reforms can be enhanced through a clear understanding of difficulties faced by the insolvency profession in achieving successful restructuring and insolvency outcomes and through the determination of effective solutions to those difficulties. However, there is limited empirical data to inform the day-to-day practice of insolvency, nor the difficulties experienced by insolvency practitioners in pursing insolvency and restructuring solutions. This book addresses this absence of data and understanding, examining the role and practice of corporate insolvency practitioners and exploring the challenges that they encounter.Offering an empirical study together with a comparative analysis of the experiences of practitioners around the world, this book facilitates a greater understanding of corporate insolvency practice, confronting a misunderstanding of, and under-confidence in, corporate insolvency practitioners, making it key reading for academics, practitioners and regulators working in the area of corporate insolvency.