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Author: G. Edward White
Publisher: Oxford University Press, USA
Published: 2003
Total Pages: 428
ISBN-13: 9780195139655
DOWNLOAD EBOOKG. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.
Author: Philip Lowe
Publisher: Bloomsbury Publishing
Published: 2016-04-21
Total Pages: 641
ISBN-13: 1509900489
DOWNLOAD EBOOKThis volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.
Author: Adam S. Chilton
Publisher:
Published: 2020
Total Pages: 397
ISBN-13: 0190871458
DOWNLOAD EBOOKDo countries that add rights to their constitutions actually do better at protecting those rights? This study draws on global statistical analyses and survey experiments to answer this question. It explores whether constitutionalizing rights improves respect for those rights in practice.
Author: Kenji Yoshino
Publisher: Crown
Published: 2015-04-21
Total Pages: 402
ISBN-13: 0385348819
DOWNLOAD EBOOKA renowned legal scholar tells the definitive story of Hollingsworth v. Perry, the trial that stands as the most potent argument for marriage equality Speak Now tells the story of a watershed trial that unfolded over twelve tense days in California in 2010. A trial that legalized same-sex marriage in our most populous state. A trial that interrogated the nature of marriage, the political status of gays and lesbians, the ideal circumstances for raising children, and the ability of direct democracy to protect fundamental rights. A trial that stands as the most potent argument for marriage equality this nation has ever seen. In telling the story of Hollingsworth v. Perry, the groundbreaking federal lawsuit against Proposition 8, Kenji Yoshino has also written a paean to the vanishing civil trial--an oasis of rationality in what is often a decidedly uncivil debate. Above all, this book is a work of deep humanity, in which Yoshino brings abstract legal arguments to life by sharing his own story of finding love, marrying, and having children as a gay man. Intellectually rigorous and profoundly compassionate, Speak Now is the definitive account of a landmark civil-rights trial. — Winner, Stonewall Book Award
Author: Harvard Law Review
Publisher: Quid Pro Books
Published: 2015-11-10
Total Pages: 681
ISBN-13: 1610278267
DOWNLOAD EBOOKThe November issue of the Harvard Law Review is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2014 Term, articles include: • Foreword: “Does the Constitution Mean What It Says?," by David A. Strauss • Comment: “Imperfect Statutes, Imperfect Courts: Understanding Congress’s Plan in the Era of Unorthodox Lawmaking,” by Abbe R. Gluck • Comment: “Zivotofsky II as Precedent in the Executive Branch,” by Jack Goldsmith • Comment: “A New Birth of Freedom?: Obergefell v. Hodges,” by Kenji Yoshino In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political, and constitutional subjects. Student commentary on Leading Cases of the 2014 Term includes recent cases on: private rights of action and Medicaid; government speech under the First Amendment; judicial campaign speech; Fourth Amendment standing; reasonable mistakes of law for searches and seizure; regulatory takings under the Fifth Amendment; preliminary injunctions in death penalty cases; separation of powers in bankruptcy jurisdiction; legislative control of redistricting; racial gerrymandering under the Fourteenth Amendment; dormant commerce clause and personal income tax; changing interpretive rules in administrative law; residual clause of the Armed Career Criminal Act; cost-benefit analysis under the Clean Air Act; mens rea for violating federal threats law; disparate impact and racial equality in fair housing law; nondelegation doctrine in the context of railroad-passenger law; religious liberty and land use; Sherman Act state action immunity; and destruction of evidence under Sarbanes-Oxley. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual justices, have been considered very useful to scholars of the Court in law and political science. The issue includes a linked Table of Cases and citations for the opinions. Finally, the issue features two summaries of Recent Publications. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2015, the first issue of academic year 2015-2016 (Volume 129).
Author: Ryan Abbott
Publisher: Edward Elgar Publishing
Published: 2022-12-13
Total Pages: 499
ISBN-13: 1800881908
DOWNLOAD EBOOKThis incisive Handbook offers novel theoretical and doctrinal insights alongside practical guidance on some of the most challenging issues in the field of artificial intelligence and intellectual property. Featuring all original contributions from a diverse group of international thought leaders, including top academics, judges, regulators and eminent practitioners, it offers timely perspectives and research on the relationship of AI to copyright, trademark, design, patent and trade secret law.
Author: Matthew C. R. Craven
Publisher: Martinus Nijhoff Publishers
Published: 2007
Total Pages: 264
ISBN-13: 9004154817
DOWNLOAD EBOOKThis book examines theoretical and practical issues concerning the relationship between international law, time and history. Problems relating to time and history are ever-present in the work of international lawyers, whether understood in terms of the role of historic practice in the doctrine of sources, the application of the principle of inter-temporal law in dispute settlement, or in gaining a coherent insight into the role that was played by international law in past events. But very little has been written about the various different ways in which international lawyers approach or understand the past, and it is with a view to exploring the dynamics of that engagement that this book has been compiled. In its broadest sense, it is possible to identify at least three different ways in which the relationship between international law and (its) history may be conceived. The first is that of a "history of international law" written in narrative form, and mapped out in terms of a teleology of origins, development, progress or renewal. The second is that of "history in international law" and of the role history plays in arguments about law itself (for example in the construction of customary international law). The third way of understanding that relationship is in terms of "international law in history": of understanding how international law has been engaged in the creation of a history that in some senses stands outside the history of international law itself. The essays in this collection make clear that each type of engagement with history and international law interweaves various different types of historical narrative, pointing to the typically multi-layered nature of internationallawyers' engagement with the past and its importance in shaping the present and future of international law.
Author: Markus D. Dubber
Publisher: Oxford University Press
Published: 2018-07-26
Total Pages: 1254
ISBN-13: 0192513141
DOWNLOAD EBOOKSome of the most exciting and innovative legal scholarship has been driven by historical curiosity. Legal history today comes in a fascinating array of shapes and sizes, from microhistory to global intellectual history. Legal history has expanded beyond traditional parochial boundaries to become increasingly international and comparative in scope and orientation. Drawing on scholarship from around the world, and representing a variety of methodological approaches, areas of expertise, and research agendas, this timely compendium takes stock of legal history and methodology and reflects on the various modes of the historical analysis of law, past, present, and future. Part I explores the relationship between legal history and other disciplinary perspectives including economic, philosophical, comparative, literary, and rhetorical analysis of law. Part II considers various approaches to legal history, including legal history as doctrinal, intellectual, or social history. Part III focuses on the interrelation between legal history and jurisprudence by investigating the role and conception of historical inquiry in various models, schools, and movements of legal thought. Part IV traces the place and pursuit of historical analysis in various legal systems and traditions across time, cultures, and space. Finally, Part V narrows the Handbooks focus to explore several examples of legal history in action, including its use in various legal doctrinal contexts.
Author: University of Michigan. Law School
Publisher:
Published: 2002
Total Pages: 1022
ISBN-13:
DOWNLOAD EBOOKAuthor: Robert J. Cottrol
Publisher: University Press of Kansas
Published: 2023-10-06
Total Pages: 368
ISBN-13: 0700635718
DOWNLOAD EBOOKIn 2007, for the first time in nearly seventy years, the Supreme Court decided to hear a case involving the Second Amendment. The resulting decision in District of Columbia v. Heller (2008) was the first time the Court declared a firearms restriction to be unconstitutional on the basis of the Second Amendment. It was followed two years later by a similar decision in McDonald v. City of Chicago, and in 2022, the Court further expanded its support for Second Amendment rights in New York State Rifle and Pistol Association v. Bruen—a decision whose far-reaching implications are still being unraveled.To Trust the People with Arms explores the remarkable and complex legal history of how the right to bear arms was widely accepted during the nation’s founding, was near extinction in the late twentieth century, and is now experiencing a rebirth in the Supreme Court in the twenty-first century. Robert J. Cottrol and Brannon P. Denning link the right to bear arms with other major themes in American history. Prompted by the eighteenth-century belief that arms played a vital role in preserving the liberties of the citizen, the Second Amendment met many challenges in the nation’s history. Among the most acute of these were racism, racial violence, and the extension of the right to bear arms to African Americans and other marginalized groups. The development of modern firearms and twentieth-century urbanization also challenged traditional notions concerning the value of an armed population. Cottrol and Denning make a particularly important contribution linking the nation’s participation in the wars of the twentieth century and the strengthening of American gun culture. Most of all, they give a nuanced and sophisticated legal history that engages legal realism, different varieties of originalism, and the role of chance and accident in history. To Trust the People with Arms integrates history, politics, and law in an interdisciplinary way to illustrate the roles that guns and the right to keep and bear arms have played in American history, culture, and law.
