Owning Ideas

Owning Ideas

Author: Oren Bracha

Publisher: Cambridge University Press

Published: 2016-12

Total Pages: 333

ISBN-13: 0521877660

DOWNLOAD EBOOK

This book examines the development of the concept of intellectual property in the United States during the nineteenth century.


Law, Empire, and the Sultan

Law, Empire, and the Sultan

Author: Samy A. Ayoub

Publisher: Oxford University Press

Published: 2019-11-15

Total Pages: 304

ISBN-13: 0190092939

DOWNLOAD EBOOK

This book is the first study of late Hanafism in the early modern Ottoman Empire. It examines Ottoman imperial authority in authoritative Hanafi legal works from the Ottoman world of the sixteenth to nineteenth centuries CE, casting new light on the understudied late Hanafi jurists (al-muta'akhkhirun). By taking the madhhab and its juristic discourse as the central focus and introducing "late Hanafism" as a framework of analysis, this study demonstrates that late Hanafi jurists assigned probative value and authority to the orders and edicts of the Ottoman sultan. This authority is reflected in the sultan's ability to settle juristic disputes, to order specific opinions to be adopted in legal opinions (fatawa), and to establish his orders as authoritative and final reference points. The incorporation of sultanic orders into authoritative Hanafi legal commentaries, treatises, and fatwa collections was made possible by a shift in Hanafi legal commitments that embraced sultanic authority as an indispensable element of the lawmaking process.


Customary International Law in Times of Fundamental Change

Customary International Law in Times of Fundamental Change

Author: Michael P. Scharf

Publisher: Cambridge University Press

Published: 2013-05-31

Total Pages: 241

ISBN-13: 1107276764

DOWNLOAD EBOOK

This is the first book to explore the concept of 'Grotian Moments'. Named for Hugo Grotius, whose masterpiece De jure belli ac pacis helped marshal in the modern system of international law, Grotian Moments are transformative developments that generate the unique conditions for accelerated formation of customary international law. In periods of fundamental change, whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The book examines the historic underpinnings of the Grotian Moment concept, provides a theoretical framework for testing its existence and application, and analyzes six case studies of potential Grotian Moments: Nuremberg, the continental shelf, space law, the Yugoslavia Tribunal's Tadic decision, the 1999 NATO intervention in Serbia and the 9/11 terrorist attacks.


Counter-Terrorism

Counter-Terrorism

Author: Ana María Salinas de Frías

Publisher: Oxford University Press

Published: 2012-01-19

Total Pages: 1229

ISBN-13: 019960892X

DOWNLOAD EBOOK

Government responses to terrorism can conflict with the protection of human rights and the rule of law. By comprehensively looking at all aspects of counter-terrorism measures from a comparative perspective, this book identifies best practices and makes clear recommendations for the future.


The Oxford Handbook of International Adjudication

The Oxford Handbook of International Adjudication

Author: Cesare PR Romano

Publisher: OUP Oxford

Published: 2014-01-16

Total Pages: 1072

ISBN-13: 0191511412

DOWNLOAD EBOOK

The post-Cold War proliferation of international adjudicatory bodies and increase in litigation has greatly affected international law and politics. A growing number of international courts and tribunals, exercising jurisdiction over international crimes and sundry international disputes, have become, in some respects, the lynchpin of the international legal system. The Oxford Handbook of International Adjudication charts the transformations in international adjudication that took place astride the twentieth and twenty-first century, bringing together the insight of 47 prominent legal, philosophical, ethical, political, and social science scholars. Overall, the 40 contributions in this Handbook provide an original and comprehensive understanding of the various contemporary forms of international adjudication. The Handbook is divided into six parts. Part I provides an overview of the origins and evolution of international adjudicatory bodies, from the nineteenth century to the present, highlighting the dynamics driving the multiplication of international adjudicative bodies and their uneven expansion. Part II analyses the main families of international adjudicative bodies, providing a detailed study of state-to-state, criminal, human rights, regional economic, and administrative courts and tribunals, as well as arbitral tribunals and international compensation bodies. Part III lays out the theoretical approaches to international adjudication, including those of law, political science, sociology, and philosophy. Part IV examines some contemporary issues in international adjudication, including the behavior, role, and effectiveness of international judges and the political constraints that restrict their function, as well as the making of international law by international courts and tribunals, the relationship between international and domestic adjudicators, the election and selection of judges, the development of judicial ethical standards, and the financing of international courts. Part V examines key actors in international adjudication, including international judges, legal counsel, international prosecutors, and registrars. Finally, Part VI overviews select legal and procedural issues facing international adjudication, such as evidence, fact-finding and experts, jurisdiction and admissibility, the role of third parties, inherent powers, and remedies. The Handbook is an invaluable and thought-provoking resource for scholars and students of international law and political science, as well as for legal practitioners at international courts and tribunals.


Researching Texas Law

Researching Texas Law

Author: Brandon D. Quarles

Publisher:

Published: 2019

Total Pages:

ISBN-13: 9780837741079

DOWNLOAD EBOOK

This practical manual covers not only traditional areas of legal research (such as cases, court rules, statutes, and regulations), but also includes research instruction for more practitioner-oriented items, including the following: jury instructions; civil jury verdicts and settlements; briefs, records, and oral arguments; attorneys general opinions; professional responsibility sources; and Texas practice materials. It updates the references to print and online sources throughout the text to reflect current editions, and instructs readers how to provide proper citations to legal materials according to the Bluebook (20th ed. 2015) and/or the Greenbook (14th ed. 2018). This book is intended for law students, attorneys who practice law in Texas, and the many thousands of additional individuals who engage in legal research in a practical setting.--Publisher.