Abrams examines such issues as drug use and gambling, enforcement of contracts, and the rights of owners and managers. The stories he tells are not limited to his official lineup, but include appearances by a host of other characters - from baseball magnate Albert Spaulding and New York Knickerbocker Alexander Joy Cartwright to "Acting Commissioner" Bud Selig and Jackie Robinson. And Abrams does not limit himself to the history of baseball and the legal process but also speculates on the implications of the 1996 collective bargaining agreement and those other issues - like intellectual property, eminent domain, and gender equity - that may provide the all-star baseball law stories of the future.
This book provides the first comprehensive discussion of conflicts between legal bases in EU law. It fills an important gap in the existing literature on the choice of legal basis in EU law by analysing the structure of legal bases and the resulting legal basis litigation in the European Union, thus identifying areas of conflict produced by overlapping competences, divergent inter-institutional interests, and inconsistencies in the courts’ judgements. While certain cases have been discussed extensively in academic literature (e.g. Tobacco Advertising, ECOWAS), there has been little analysis of the general underlying criteria and principles governing the choice of legal basis on the part of European institutions. Such an analysis has, however, become necessary in order to better understand and possibly predict judicial outcomes, and to identify flaws in the current legislative framework.
A standard of decision is the law's designation of how certain a decisionmaker must be to render a decision. Because all decisionmaking takes place in a world of uncertainty, the law requires every legal actor before making any sort of decision to measure his or her degree of certainty against the applicable standard. Because in every corner of law the lawmakers must set standards in accordance with policy objectives, the standards prove essential to understanding any branch of law. Because those standards have an intensely practical impact on legal outcome, they merit careful study by all lawyers. Despite the subject being thus both wide-ranging and critically important, this book is the first to treat it in depth. The book first catalogs the variety of standards that exist in law. A pattern emerges, which advances in cognitive psychology nicely explain. The book then zeros in on the most conspicuous yet peculiarly distinctive of the standards of decision, which is called the standard of proof and which specifies the sureness required of a factfinder to decide that a contested fact exists. After surveying relevant empirical research and past theoretical explanations, the book constructs a new understanding by drawing on recent breakthroughs in the field of logic. Historical and comparative perspectives on the standard of proof then provide angles from which to illuminate the new understanding. In sum, this book synthesizes decades of thinking and research on standards of decision and pushes forward to elaborate and explain the subject. It does so in a way that will be useful to a broad readership among all those who study the law. "Legal decisionmaking requires judicial actors to decide cases despite inherent uncertainty Although this practice is ubiquitous, the standards for how certain a decisionmaker must be to render a decision have gone underexplored. In Standards of Decision in Law, Professor Kevin M. Clermont presents a comprehensive examination of the topic, employing empirical research, cognitive psychology, and logic to explain why certain standards are suitable to certain contexts. ...Standards of Decision in Law offers much-needed insight into the rationale behind different standards of proof, concluding that, although 'room for reform exists,' our current probabilistic standards are most appropriate given the cognitive limitations of decisionmakers (p. 282)." -- Harvard Law Review
Given the apparent rise in many forms of violence in schools, and the dire consequences to those impacted by violence, it is vital to better support children and youth. This volume provides an overview of key areas of promise for improved research and practice to mitigate violence and respond in positive, supportive ways.
A robust, exhaustive, and systematic legal analysis of the conflicts opposing integration of internal market and free competition rules with the environmental protection rules, including climate change rules, taken at an EU and national level.
The implementation of the Lisbon Treaty is profoundly changing many areas of EU law and policy. This volume gathers leading specialists in the field to analyse the implementation process and the directions of legal reform post-Lisbon, situating the Lisbon reforms in the broader context of on-going policy programmes.
This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.
This book systematically examines claims for contribution and reimbursement in an international context. As such claims are often made in third party proceedings, particularly detailed analyses are given to the conflict-of-laws dimensions of third party procedure.
