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Adjudicating Employment Rights
by Susan Corby Pete BurgessAdjudicating Employment Rights compares and analyses institutions for resolving employment rights disputes in ten countries. In addition to detailed individual chapters, the study offers a theoretical perspective and an evaluation of national institutions against key yardsticks.
Adjudicating Global Business in and with India: International Commercial and Investment Disputes Settlement (Routledge Research in Corporate Law)
by Leïla Choukroune and Rahul DondeThis edited collection on international commercial and investment disputes in, and with, India examines past and present landmark legislative and regulatory reforms initiated by the Indian government, including the 2015 new Bilateral Investment Treaty (BIT) model, the 2015 amendments to the 1996 Arbitration Act and the 2013 amendments to Section 135 of the Companies Act on Corporate Social Responsibility (CSR), as well as the most recent amendments to the same. The book also includes recent developments in the dispute resolution arena, regional, and international negotiations involving India, the legal profession’s response to these developments, and civil society’s comments. In addition, it addresses contemporary problems of key importance and at the centre of today’s discussions, from the legitimacy and relevance of Investor–State Dispute Settlement (ISDS) to the denunciation of Bilateral Investment Treaties (BITs), and the role arbitration should play in emerging economies now leaders in world trade. In creating bridges between commercial and investment arbitration, it also renews the conceptual approach to these too often artificially isolated fields of law. The volume provides an accurate and updated account of the many fascinating conceptual and practical evolutions, which already impact the world of international dispute resolution far beyond the borders of India. This unique and exhaustive study will be of great appeal to a vast range of readers from practitioners to academia.
Adjudicating New Governance: Deliberative Democracy in the European Union
by Emilia Korkea-ahoThis book engages with and advances the current debate on new governance by providing a much-needed analysis of its relationship with the courts. New modes of governance have produced a plethora of instruments and actors at various levels that present a challenge to more traditional forms of command-and-control regulation. In this respect, it is commonly maintained that new governance generally – and political experimentation more broadly – weakens the power of the courts, producing a legitimacy problem for new forms of governance and, perhaps more fundamentally, for law itself. Focusing on the European Union, this book offers a new account of the role of the courts in new governance. Connecting new governance with the conception of deliberative democracy, this book demonstrates how the role of courts has been transformed by the legal and political experimentation currently taking place in the European Union. Drawing on a series of case studies, it is argued that, although deliberations in governance frameworks provide little by way of hard, binding law, these collaborative frameworks nevertheless condition judicial decision making. With far-reaching implications for how we understand the justiciability of ‘soft law’, participation rights, the legitimacy of governance measures, and the role of courts beyond the nation-state, this book argues that, far from undermining the power of the courts, governance regimes assist their functioning. Its analysis will therefore be of considerable interest for lawyers, political scientists and anyone interested in the transformation of the judiciary in the era of new governance.
Adjudicating Refugee and Asylum Status
by Benjamin N. Lawrance Galya RufferIn this book, an array of legal, biomedical, psychosocial, and social science scholars and practitioners offer the first comparative account of the increasing dependence on expertise in the asylum and refugee status determination process. This volume presents a comprehensive study of the relevance of experts, as mediators of culture, who are called upon to corroborate, substantiate credibility, and serve as translators in the face of confusing legal standards that require proof of new forms and reasons for persecution around the globe. The authors draw upon their interactions with expertise and the immigration process to provide insights into the evidentiary burdens on asylum seekers and the expanding role of expertise in the forms of country-conditions reports, biomedical and psychiatric evaluations, and the emerging field of forensic linguistic analysis in response to emerging forms of persecution, such as gender-based or sexuality-based persecution. This book is essential reading for both scholars interested in the production of knowledge and clinicians considering the role of experts as mediators of asylum claims.
Adjudicating Trade and Investment Disputes: Convergence or Divergence? (Studies on International Courts and Tribunals)
by Gáspár-Szilágyi Szilárd Daniel Behn Malcolm LangfordRecent trends suggest that international economic law may be witnessing a renaissance of convergence – both parallel and intersectional. The adjudicative process also reveals signs of convergence. These diverse claims of convergence are of legal, empirical and normative interest. Yet, convergence discourse also warrants scepticism. This volume contributes to both the general debate on the fragmentation of international law and the narrower discourse concerning the interplay between international trade and investment, focusing on dispute settlement. It moves beyond broad observations or singular case studies to provide an informed and wide-reaching assessment by investigating multiple standards, processes, mechanisms and behaviours. Methodologically, a normative stance is largely eschewed in favour of a range of 'doctrinal,' quantitative and qualitative methods that are used to address the research questions. Furthermore, in determining the extent of convergence or divergence, it is important to recognize that there is no bright line or clear yardstick for determining its nature or degree.
Adjudication in Action: An Ethnomethodology of Law, Morality and Justice (Directions in Ethnomethodology and Conversation Analysis)
by Baudouin DupretAdjudication in Action describes the moral dimension of judicial activities and the judicial approach to questions of morality, observing the contextualized deployment of various practices and the activities of diverse people who, in different capacities, find themselves involved with institutional judicial space. Exploring the manner in which the enactment of the law is morally accomplished, and how practical, legal cognition mediates and modulates the treatment of cases dealing with sexual morality, this book offers a rich, praxeological study that engages with 'living' law as it unfolds in action. Inspired by Wittgenstein's later thought and engaging with recent developments in ethnomethodology and conversation analysis, Adjudication in Action challenges approaches that reduce the law to mere provisions of a legal code, presenting instead an understanding of law as a resource that stands in need of contextualization. Through the close description of people's orientation to and reification of legal categories within the framework of institutional settings, this book constitutes the first comprehensive study of law in context and in action.
Adjudication in Construction Law (Construction Practice Series)
by Darryl RoyceThis book brings together, in one convenient place, all the relevant material on the process of Adjudication in Construction. It will provide clarity for those involved in the adjudication process, or related proceedings, in the form of a detailed and reliable text that supports each proposition with a statutory provision or a judicial observation. Included in this book is a summary of the different procedures adopted in other jurisdictions, as well as a chronological account of the reviews and proposals for reforms made to Part II of the Housing Grants, Construction and Regeneration Act 1996. There is also an explanation of the payment procedures under the statutory framework. Finally, readers will be able to make use of appendices comprised of the statutory material, the various contractual adjudication procedures currently available, and necessary forms. Any lawyers or construction professionals involved in Adjudication will find this book to be a clear and comprehensive aid to their practice.
Adjudication in Construction Law (Construction Practice Series)
by Darryl RoyceThis book collects all the relevant material regarding the process of adjudication in construction. It provides clarity for those involved in the adjudication process or related proceedings with detailed and reliable analysis of them supported by statutory provisions and judicial observations. Adjudication in Construction Law discusses the role of ‘true value’ adjudications following smash and grab decisions on the basis of the absence of a pay less notice, the restraint of adjudication by injunction, hybrid contracts dealing with both construction operations and other operations and timing and content of payment notices and pay less notices. Additionally, this book includes a summary of the different procedures adopted in other jurisdictions, as well as an explanation of the payment procedures under the statutory framework. It also goes on to append all the relevant statutory material, contractual adjudication procedures and forms. A new feature of this edition is a detailed analysis and discussion of the development and of the ‘rules’ relating to the acceptability of a wrong answer provided that the right question has been dealt with, only one dispute being susceptible to adjudication and the necessity or otherwise of a dispute ‘arising under’ the construction contract. A clear and comprehensive aid, this book is an essential read for lawyers or construction professionals involved in adjudication.
Adjudication in Religious Family Law
by Gopika SolankiThis book argues that the shared adjudication model in which the state splits its adjudicative authority with religious groups and other societal sources in the regulation of marriage can potentially balance cultural rights and gender equality. In this model the civic and religious sources of legal authority construct, transmit and communicate heterogeneous notions of the conjugal family, gender relations and religious membership within the interstices of state and society. In so doing, they fracture the homogenized religious identities grounded in hierarchical gender relations within the conjugal family. The shared adjudication model facilitates diversity as it allows the construction of hybrid religious identities, creates fissures in ossified group boundaries and provides institutional spaces for ongoing intersocietal dialogue. This pluralized legal sphere, governed by ideologically diverse legal actors, can thus increase gender equality and individual and collective legal mobilization by women effects institutional change.
Administering Interpretation: Derrida, Agamben, and the Political Theology of Law (Just Ideas)
by Peter Goodrich Michel Rosenfeld Giovanna Borradori Marinos Diamantides Allen Feldman Stanley Fish Pierre Legrand Bernadette Meyler Bernhard Schlink Jeanne Schroeder Laurent De Sutter Katrin Truestedt Marco WanPopulism in politics and policy orientations in law have thrown the jurisdiction of the academy and the disciplines of interpretation into disarray. Critique flounders in abstraction and negativity, law loses itself in particularity. Administering Interpretation brings together philosophers, humanists, and jurists from both continental and Anglophone jurisdictions to reassess the status and trajectory of interpretative theory as applied in the art of law. Tracking the thread of philosophical influences upon the community of legal interpretation, the essays move from the translation and wake of Derrida to the work of Agamben, from deconstruction to oikononmia. Sharing roots in the philological excavation of the political theology of modern law, contributors assess the failure of secularism and the continuing theological borrowings of juridical interpretation. The book brings contemporary critique to bear upon the interpretative apparatuses of exclusion, the law of spectacular sovereignty, and the bodies that lie in its wake.Contributors: Giovanna Borradori, Marinos Diamantides, Allen Feldman, Stanley Fish, Pierre Legrand, Bernadette Meyler, Michel Rosenfeld, Bernhard Schlink, Jeanne Schroeder, Laurent de Sutter, Katrin Trüstedt, Marco Wan
Administrating Victimization: The Politics of Anti-Social Behaviour and Hate Crime Policy
by Marian Duggan Vicky HeapThis study addresses the management of victims and victim policy under the Coalition government, in light of an increasing move towards neoliberal and punitive law and order agendas. With a focus on victims of anti-social behaviour and hate crime, Duggan and Heap explore the changing role of the victim in contemporary criminal justice discourses.
The Administration of Justice in Assam (1826-1874)
by Achyut Kumar BorthakurBased on original sources, this volume is a pioneering work in the study of the growth and development of judicial administration in Assam since the beginning of the East India Company’s rule in the province till it was separated from the Bengal Presidency in 1874. In view of the fact that Assam had its own laws and codes different from those of other provinces of British India, this work is unique and pioneering in its reach.Assam was administered under non-regulation system which had its origin in the neighbouring province of Bengal and was governed by a mixed system of local and regulation laws. In the administration of civil justice, the Bengal regulations were entirely dispensed with, while in criminal administration the regulations were followed more or less. Since the occupation of the province by the Company’s government till 1837 the fundamental drawback of the entire judicial administration was the want of a definite code of law, the absence of which confused the administrators in delivering justice. It was only in 1837 that rules for the civil and criminal administration, popularly known as the Assam Code, were drafted and judicial administration in the province found a sound footing.The presentation and analysis of the laws and codes prepared by the Government of Bengal in its executive capacity in consultation with the local authorities in Assam is the most distinctive feature of this comprehensive work. Please note: Taylor & Francis does not sell or distribute the Hardback in India, Pakistan, Nepal, Bhutan, Bangladesh and Sri Lanka
Administrative Competence: Reimagining Administrative Law (Cambridge Studies in Constitutional Law)
by Elizabeth Fisher Sidney A. ShapiroThis book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.
Administrative Ethics: A Conceptual Framework
by Amitabh RajanThis insightful book explores the use and application of ethics in contemporary governance and suggests necessary reforms. Following an interdisciplinary approach involving the fields of political science, law, economics, sociology, management, and philosophy, this book analyses their applicability and usefulness in everyday practices in governance, covering its five cardinal virtues—prudence, transparency, discourse, justice, and accountability. Highlighting ethical challenges in aspects of status recognition, oppression, empowerment, social care, public financing, environment protection and others in today’s interconnected world, it delves into the dynamics of administrative power in democracies and showcases how the misuse of power can be controlled through a discourse of ethics in law and governance. The book will be useful to the students, researchers and teachers of public administration, philosophy, political Science, corporate ethics, and governance other related social sciences disciplines. The book will also be an indispensable companion to social activists, advocacy groups, journalists and civil society institutions and public service training institutions.
The Administrative Foundations of the Chinese Fiscal State (Cambridge Tax Law Series)
by Wei CuiOn subjects ranging from trade to democratization, there has lately been a wave of laments about China's development belying Western expectations. Yet these disappointments often come with misunderstandings of the very institutions that China was expected to adopt. Chinese taxation offers a sharp illustration. When China introduced a tax system suited for the market economy, it fully intended tax collection to rely on self-assessment, audits, and the rule of law. But this Western approach was quickly jettisoned in favour of one that emphasized monitoring of taxpayers and ex ante interventions, at the expense of deterrence and truthful reporting norms. The Chinese approach surprisingly matches recommendations made by recent economic scholarship on tax compliance and state capacity. China's massive but little-known explorations in taxation highlight the distinct types of modern state capacity, and raise challenging questions about the future of taxation and the superiority of institutions based on rule of law.
Administrative Law: Cases and Materials
by Ronald A. Cass Jack M. Beermann Colin S. Diver Jody FreemanWhen you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Administrative Law integrates doctrinal analysis and procedural rules with substantive policy areas to encourage students to see the relevance of administrative law in policy and contemporary politics. Eminently readable introductions, transitional text, and Notes and Questions—coupled with the authors’ engaging approach—have made this casebook a favorite with students and professors. New co-author Jody Freeman ushers in the Sixth Edition with new materials on cooperative regulatory structures and alternative regulatory procedures. A host of updates include the separation of powers decision in Free Enterprise Fund; the global warming case, Massachusetts v. EPA ; updated coverage of the Chevron doctrine; and enhanced coverage of arbitrary, capricious review.
Administrative Law
by John D. Deleo Jr.Administrative Law Agencies: What they Do, How they are Controlled, Unlocking the Mystery of Administrative Law is a text written for college students taking an introductory course in Administrative Law. The goal of the text is to take the mystery out of administrative law and is organized into three parts: creation of agencies, what agencies do, and how agencies are controlled. This organization brings clarity to the subject matter and allows students to focus on individual concepts while not losing sight of the big picture. The text uses a variety of practical examples to show how agencies are created, what they do, and how they are controlled. The emphasis of the text is on the function and control of agency processes, and is presented in a way that shows relevance to the student's every day life, leaving them with a working knowledge of how agencies operate.
Administrative Law: Bureaucracy In A Democracy (Sixth Edition)
by Daniel E. HallAdministrative Law: Bureaucracy in a Democracy, Sixth Edition, covers the constitutional and procedural dimensions of governmental agencies, including delegation, rulemaking, adjudications, investigations, freedom of information, liabilities of governments and their employees, judicial review, and other considerations, such as the concept of fairness. Instructor resources include an Instructor's Manual, PowerPoint lecture slides, and a Test Bank. Teaching and Learning Experience: Examines administrative law in the context of accountability and the prevention of abuse Assists students in critical thinking and case analysis by including case excerpts Provides practical knowledge of administrative agencies and the laws that govern their behavior
Administrative Law: The Informal Process
by Peter WollThis title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.
Administrative Law, 3rd edition
by Steven J. CannThe book is organized around a conceptual framework that contrasts democracy with the administrative state.
Administrative Law, The American Public Law System, Cases And Materials (American Casebook Series)
by M. Magill Mariano-Florentino Cuéllar Nicholas Parrillo Jerry Mashaw Richard Merrill Peter ShaneAdministrative Law, The American Public Law System, Cases and Materials (American Casebook Series) 8th Edition
Administrative Law and Governance in Asia: Comparative Perspectives (Routledge Law in Asia)
by Tom Ginsburg Albert H. Y. ChenThis book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.
Administrative Law and Politics: Cases and Comments
by Christine B. Harrington Lief H. CarterAuthors Christine B. Harrington and Leif H. Carter know that while bureaucratic government is no cure for the shortcomings of free enterprise, government oversight and regulation is crucial to keeping power within democratic boundaries. This Fifth Edition of Administrative Law and Politics shows the scope and power of administrative government and demonstrates how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system. Offering a balance of case excerpts and commentary, this new edition and has been thoroughly updated to account for recent developments, such as administrative law vis-à-vis freedom of information statutes, including the NSA’s surveillance program; how administrators and judges navigate the philosophical, political, and economic stakes behind divisions in the Roberts Court’s judicial theory of statutes; non-enforcement and government inaction, including the position of Administrative Law Judges (ALJ) and the federal government’s (Department of Education) Title IX policy on sexual assault, harassment, and other forms of sexual misconduct in education.
Administrative Law and Politics: Cases and Comments
by Christine B. Harrington Lief H. CarterAuthors Christine B. Harrington and Leif H. Carter know that while bureaucratic government is no cure for the shortcomings of free enterprise, government oversight and regulation is crucial to keeping power within democratic boundaries. This Fifth Edition of Administrative Law and Politics shows the scope and power of administrative government and demonstrates how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system. Offering a balance of case excerpts and commentary, this new edition and has been thoroughly updated to account for recent developments, such as administrative law vis-à-vis freedom of information statutes, including the NSA’s surveillance program; how administrators and judges navigate the philosophical, political, and economic stakes behind divisions in the Roberts Court’s judicial theory of statutes; non-enforcement and government inaction, including the position of Administrative Law Judges (ALJ) and the federal government’s (Department of Education) Title IX policy on sexual assault, harassment, and other forms of sexual misconduct in education.
Administrative Law for Public Managers: Essentials of Public Policy Administration
by David H. RosenbloomArgues that administrative law has such a major impact on public administration that it cannot be left to the lawyers alone