Symposium on Rethinking Judicial Selection
Author:
Publisher:
Published: 2007
Total Pages: 552
ISBN-13:
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General Principles as a Source of International Law
Author: Imogen Saunders
Publisher: Bloomsbury Publishing
Published: 2021-02-25
Total Pages: 304
ISBN-13: 1509936084
DOWNLOAD EBOOKThis book provides a comprehensive analysis of an often neglected, misunderstood and maligned source of international law. Article 38(1)(c) of the Statute of the International Court of Justice sets out that the Court will apply the 'general principles of law recognized by civilized nations'. This source is variously lauded and criticised: held up as a panacea to all international law woes or denied even normative validity. The contrasting views and treatments of General Principles stem from a lack of a model of the source itself. This book provides that model, offering a new and rigorous understanding of Article 38(1)(c) that will be of immense value to scholars and practitioners of international law alike. At the heart of the book is a new tetrahedral framework of analysis - looking to function, type, methodology and jurisprudential legitimacy. Adopting an historical approach, the book traces the development of the source from 1875 to 2019, encompassing jurisprudence of the Permanent Court of International Justice and the International Court of Justice as well as cases from international criminal tribunals, the International Criminal Court and the World Trade Organisation. The book argues for precision in identifying cases that actually apply General Principles, and builds upon these 'proper use' cases to advance a comprehensive model of General Principles, advocating for a global approach to the methodology of the source.
Rights Before Courts
Author: Wojciech Sadurski
Publisher: Springer
Published: 2014-05-26
Total Pages: 470
ISBN-13: 9401789355
DOWNLOAD EBOOKThis is a completely revised and updated second edition of Rights Before Courts (2005, paper edition 2008). This book carefully examines the most recent wave of the emergence and case law of activist constitutional courts: those that were set up after the fall of communism in Central and Eastern Europe. In contrast to most other analysts and scholars, the study does not take for granted that they are a “force for good” but rather subjects them to critical scrutiny against a background of wide-ranging comparative and theoretical analysis of constitutional judicial review in the modern world. The new edition takes in new case law and constitutional developments in the decade since the first edition, including considering the recent disturbing disempowerment of the Hungarian Constitutional Court (which previously was probably the most powerful constitutional court in the world) resulting from the fundamental constitutional changes brought about by the Fidesz government.
Judicial Reputation
Author: Nuno Garoupa
Publisher: University of Chicago Press
Published: 2015-11-20
Total Pages: 286
ISBN-13: 022629059X
DOWNLOAD EBOOKIn "Judicial Reputation: A Comparative Theory, "Tom Ginsburg and Nuno Garoupa mean to explain how judges respond to the reputational incentives provided by the different audiences they interact with--lawyers and law professors; politicians; the media; and the public itself--as well as how legal systems design their judicial institutions to calibrate the locally appropriate balance among audiences. Making use by turns of careful empirical work and penetrating conceptual insights, Ginsburg and Garoupa argue that any given judicial structure is best understood not through the lens of legal culture, origin, or tradition, but through the economics of information and reputation.
Electing Judges
Author: James L. Gibson
Publisher: University of Chicago Press
Published: 2012-09-20
Total Pages: 240
ISBN-13: 0226291073
DOWNLOAD EBOOK"In Electing Judges, James L. Gibson responds to the growing chorus of critics who fear that the politics of running for office undermine judicial independence. While many people have opinions on the topic, few have supported them with empirical evidence. Gibson rectifies this situation, offering the most systematic study to date of the impact of campaigns on public perceptions of fairness, impartiality, and the legitimacy of elected state courts-and his findings are both counterintuitive and controversial"--Page [four] of cover.
Separate But Faithful
Author: Amanda Hollis-Brusky
Publisher: Oxford University Press, USA
Published: 2020
Total Pages: 313
ISBN-13: 0190637269
DOWNLOAD EBOOKThe Frankfurter adage (or why legal movements need support structures) -- The genesis of the Christian conservative legal movement & the road not taken -- In the beginning : creation stories -- Human capital (or, "a generation of Christian attorneys") -- Social & cultural capital (or "credibility capital") -- Intellectual capital : preaching to convert or to the converted? -- At the apex of the support structure pyramid.
In Defense of Judicial Elections
Author: Chris W. Bonneau
Publisher: Routledge
Published: 2009-06-02
Total Pages: 198
ISBN-13: 1135852693
DOWNLOAD EBOOKOught judges be independent of democratic pressures, or should they be subjected to the preferences and approval of the electorate? In this book, Bonneau and Hall use empirical data to shed light on these normative questions and offer a coherent defense of judicial elections.
Rethinking the public
Author: Mahony, Nick
Publisher: Policy Press
Published: 2010-06-16
Total Pages: 189
ISBN-13: 1847424171
DOWNLOAD EBOOKThis book rethinks the public, public communication and public action in a globalising and mediated world. It develops novel theoretical perspectives for investigating the formation of publics, focusing on four overlapping processes: claiming publics; personalising publics; mediating publics; and becoming public. Using fascinating case studies, Rethinking the public offers a rich set of methodological resources on which other researchers can draw and foregrounds the need to interrogate the boundaries between theory, research and politics. It is ideal reading for higher level undergraduate and masters programmes in politics, geography, public policy, sociology, social policy, public administration and cultural studies.
Miscarriages of Justice
Author: Clive Walker
Publisher: OUP Oxford
Published: 1999
Total Pages: 438
ISBN-13: 1854316877
DOWNLOAD EBOOKThe authors examine the various steps within the criminal justice system which have resulted in the conviction of the innocent, and suggest remedies as to how miscarriages might be avoided in the future. The contributors comprise academics, campaigners and practitioners.
University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law
Author: University of Chicago Law Review
Publisher: Quid Pro Books
Published: 2014-03-23
Total Pages: 387
ISBN-13: 1610278771
DOWNLOAD EBOOKThe first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.
