Ne bis in idem and Multiple Sanctioning Systems

Ne bis in idem and Multiple Sanctioning Systems

Author: Javier Ignacio Escobar Veas

Publisher: Springer Nature

Published: 2023-01-23

Total Pages: 221

ISBN-13: 303116556X

DOWNLOAD EBOOK

The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the European Court of Human Rights (ECtHR), and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.


The Supreme Court Compendium

The Supreme Court Compendium

Author: Lee Epstein

Publisher: CQ Press

Published: 2021-08-23

Total Pages: 849

ISBN-13: 1071834592

DOWNLOAD EBOOK

The Supreme Court Compendium provides historical and statistical information on the Supreme Court: its institutional development; caseload; decision trends; the background, nomination, and voting behavior of its justices; its relationship with public, governmental, and other judicial bodies; and its impact. With over 180 tables and figures, this new edition is intended to capture the full retrospective picture through the 2013-2014 term of the Roberts Court and the momentous decisions handed down within the last four years, including United States v. Windsor, National Federation of Independent Business v. Sebelius, and Shelby County v. Holder.


Civil Procedure

Civil Procedure

Author: Allan Ides

Publisher: Aspen Publishing

Published: 2022-11-08

Total Pages: 1120

ISBN-13:

DOWNLOAD EBOOK

This casebook covers all topics in the first-year canon of civil procedure, and some topics in advanced litigation classes (e.g., class actions, appeals). It is organized with the reality and complexities of civil litigation in mind, and follows the litigation sequence, from pleading through preclusion. Each chapter takes a practical as well as analytical approach, through (a) a series of Supreme Court and lower court opinions, (b) notes preceding and following those opinions intended to explain the underlying doctrines and principles behind them, and (c) problems intended to assess and refine students’ understanding of doctrines and their rationales. Ultimately, this casebook demands that students read carefully and at a detailed level, analyze critically, and apply the law from the perspective of the theories underlying the various doctrines. It provides an effective vehicle through which to teach legal analysis and to gently nudge students forward and deeper into the materials. New to the 6th Edition: The 6th edition has been streamlined—about 13% shorter It includes: An introductory overview of the litigation process Relevant Supreme Court decisions up through the close of the October 2021 Term Updated lower court opinions New and revised Problems Benefits for instructors and students: The inclusion of over 200 problems, including detailed review problems at the end of each chapter Progressive coverage of doctrine that takes the students from the basics to a more sophisticated appreciation of the principles and the theories An organization that is designed to promote learning and a full appreciation of the law of procedure Annual statutory and case supplement A demanding and analytical approach to the first-year procedure canon