The rise of international criminal trials has been accompanied by a call for domestic responses to extraordinary violence. Yet there is remarkably limited research on the interactions among local, national, and international transitional justice institutions. Rwanda offers an early example of multilevel courts operating in concert. This book makes a crucial and timely contribution to the examination of these pluralist responses to atrocity at a juncture when holistic approaches are rapidly becoming the policy norm. It focuses on the practices of Rwanda's post-genocide criminal courts.
Israel's military court system, a centerpiece of Israel's apparatus of control in the West Bank and Gaza since 1967, has prosecuted hundreds of thousands of Palestinians. This authoritative book provides a rare look at an institution that lies both figuratively and literally at the center of the Israeli-Palestinian conflict. Lisa Hajjar has conducted in-depth interviews with dozens of Israelis and Palestinians—including judges, prosecutors, defense lawyers, defendants, and translators—about their experiences and practices to explain how this system functions, and how its functioning has affected the conflict. Her lucid, richly detailed, and theoretically sophisticated study highlights the array of problems and debates that characterize Israel's military courts as it asks how the law is deployed to protect and further the interests of the Israeli state and how it has been used to articulate and defend the rights of Palestinians living under occupation.
In her casebook Conflict of Laws, now in its second edition, internationally respected teacher and scholar Laura Little offers a progressive, innovative approach to teaching complex material. She brings to the subject her drafting and advocacy expertise as the Associate Reporter for the Restatement (Third) Conflict of Laws, authorized by the American Law Institute in 2014. In a subject where there is plenty of room for debate and analysis, this casebook offers a contemporary alternative to the subject by connecting coverage of key concepts to law practice using modern cases and problem pedagogy. With its modular design, clear writing, comprehensive Teacher’s Manual and online support, the text is highly teachable and has proven a road-tested favorite with both students and professors. Key Features Entirely new domestic relations sections throughout the book in light of the U.S. Supreme Court’s Obergefell decision, including analysis of Supreme Court follow-up cases Detailed references to the proposed Restatement (Third), drawing from the author’s work as an Associate Reporter drafting and developing the new restatement of the law Streamlined personal jurisdiction section, presenting the recent U.S. Supreme Court cases in Bristol Myers Squibb and Daimler Updated international law material, including discussion of the new British Defamation Act (and its impact on libel tourism) and the European Union's elimination of exequatur for judgment recognition
Updated throughout, this revision of Lea Brilmayers's leading casebook-CONFLICT OF LAWS: Cases and Materials-continues to challenge and enlighten your students with an understandable, balanced, and comprehensive introduction To The complex area of conflicts. The book immerses students in choice-of-law problems-the heart of conflicts-followed by a chapter on the courts' struggles for responsive approaches. Five chapters move on to cover broader topics: constitutional limitations on choice of law, personal jurisdiction, The Erie Doctrine, recognition of judgments, and conflicts in the international context. Well known for her scholarship in conflicts, Brilmayer shows the modern relevance-both theoretical and practical-of conflicts. Wherever possible, she inclues cases involving statute of limitations, corporate regulation, and other important state law issues. Revisions include extensive additions To The chapters on... personal jurisdiction, featuring important new cases, Carnival Cruise Lines v. Shute, Burnham b. Superior Court, and others international litigation, including the new Supreme Court decisions in United States v. Verdugo-Urguidez and Hartford Fire Insurance v. California and a new sample problem focusing on the Robert Maxwell bankruptcy pending in U.S. And British courts. In addition, The chapter on federal/state relations now includes Ferens v. John Deere. And the chapter on the struggle for responsive approaches features a new case on the Restatement (Second) of Conflicts.
"In most societies, courts are where the rubber of government meets the road of the people. If a state cannot settle disputes and enforce its decisions, to all intents and purposes it is no longer in charge. This is why successful rebels put courts and justice at the top of their agendas. Rebel Law explores this key weapon in the arsenal of insurgent groups, from the IRA's 'Republican Tribunals' of the 1920s to Islamic State's 'Caliphate of Law,' via the ALN in Algeria of the 50s and 60s and the Afghan Taliban of recent years. Frank Ledwidge delineates the battle in such ungoverned spaces between counterinsurgents seeking to retain the initiative and the insurgent courts undermining them. Contrasting colonial judicial strategy with the chaos of stabilisation operations in Iraq and Afghanistan, he offers compelling lessons for today's conflicts"--Book jacket.
Clear and informal, Examples & Explanations for Conflict of Laws, Fifth Edition, covers all topics in Conflicts courses, including personal jurisdiction and the Erie doctrine. It explains traditional and modern approaches and discusses constitutional limits on choice of law. Big-picture overviews and accurate statements of rules are reinforced with concrete examples and test-taking tips. The powerful Examples & Explanations pedagogy works especially well for Conflict of Laws where students gain understanding of rules and policies by applying them to new fact patterns. Summaries of leading cases found in most casebooks and a modular organization allows easy adaptation to any course. The Fifth Edition adds three new Supreme Court decisions that change the law in three key areas. It eliminates one case that the Supreme Court has overruled. It provides more examples and illustrations to clarify the scope of decisions. It adds an entirely new chapter on the proposed Third Restatement of Choice of Law that is now being studied in some Conflicts courses. And it offers a helpful summary of the controversial anti-foreign law statutes that a dozen states have enacted. New to the 5th Edition: New chapter on the draft Restatement Third of Conflicts Discussion of three Supreme Court decisions that alter rules Coverage of state anti-foreign law statutes More examples and explanations Elimination of one case overruled by Supreme Court Professors and students will benefit from: No-nonsense explanation of proposed Restatement Third Clear explanation of the recent changes in the law from the Supreme Court
The Conflict of Laws, also known as private international law, is a field of the greatest importance in an increasingly globalized world. The analysis of any legal issue, in a case involving more than one country, must start with an assessment of which court could potentially hear the case and which law it would apply
The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
