The Amicus Curiae Phenomenon
Author: Shai Farber
Publisher: Springer Nature
Published:
Total Pages: 343
ISBN-13: 3031672259
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The Amicus Curiae Phenomenon
Author: Shai Farber
Publisher: Springer
Published: 2024-10-04
Total Pages: 0
ISBN-13: 9783031672248
DOWNLOAD EBOOKThis book offers a thorough analysis of the Amicus Curiae phenomenon, emphasizing its critical role in modern legal systems. The book reveals how these interventions influence judicial decisions, legislative processes, and societal norms by presenting third-party perspectives through amicus briefs. Delving into the historical development and global adoption of Amicus Curiae, the book provides insights into its benefits and drawbacks. Readers will learn about the various types of amici, the breadth of issues they address, and the diverse courts that accept these briefs. The author's extensive research and case studies from multiple legal systems highlight the transformative power of third-party interventions in ensuring justice and public transparency. The book explores real-world examples where amicus briefs have played pivotal roles in landmark cases, from human rights advancements to environmental protections. It discusses the strategic importance of these briefs and how they democratize the legal process by allowing more voices to be heard. By fostering a deeper understanding of the complexities and significance of Amicus Curiae, this book empowers readers to appreciate the intricate interplay between law and societal change. Ideal for legal professionals, academics, and anyone interested in law and society, this book is an essential guide to understanding the impact of Amicus Curiae on the judicial process. Whether you are a seasoned lawyer, a policymaker, or a curious reader, this book provides a comprehensive and engaging exploration of one of the most influential elements in contemporary jurisprudence.
Amicus Curiae before International Courts and Tribunals
Author: Astrid Wiik
Publisher: Nomos Verlag
Published: 2018-03-19
Total Pages: 734
ISBN-13: 3845275928
DOWNLOAD EBOOKSeit Ende der 90er Jahre wächst die Teilnahme von amici curiae in Verfahren vor internationalen Gerichten und Schiedsgerichten, obwohl Umfang, Funktion und Mehrwert des amicus curiae und die Folgen seiner Einbindung für Verfahren und die internationale Streitbeilegung kaum untersucht worden sind. Dieses Werk unternimmt eine umfassende empirische Bestandsaufnahme des Instruments in der völkerrechtlichen Streitbeilegung. Es definiert und ordnet das Instrument ein in das Völkerprozessrecht. Darüber hinaus prüft die Arbeit, ob die Teilnahme von amici curiae von Nutzen oder Schaden ist für Verfahren und inzident für die internationale Streitbeilegung insbesondere, ob amicus curiae Schriftsätze in Urteilen Berücksichtigung finden, und ob amici curiae effiziente Vertreter öffentlicher Interessen sind, die Legitimität und Transparenz internationaler Gerichte und ihrer Urteile erhöhen, und die Kohärenz der Völkerrechts stärken.
The Jewish Law Annual Volume 22
Author: Benjamin Porat
Publisher: Taylor & Francis
Published: 2023-12-11
Total Pages: 283
ISBN-13: 1317200403
DOWNLOAD EBOOKVolume 22 of The Jewish Law Annual adds to the growing list of articles on Jewish law that have been published in volumes 1–21 of this series, providing English-speaking readers with scholarly articles presenting jurisprudential, historical, textual and comparative analysis of issues in Jewish law. This volume features articles on rabbinic criminal law, tort law, jurisprudence, and judicial practice.
Yale Law Journal
Author: Yale Law Journal
Publisher: Quid Pro Books
Published: 2013-04-26
Total Pages: 385
ISBN-13: 1610278992
DOWNLOAD EBOOKOne of the world's leading law journals is available as an ebook. This issue of The Yale Law Journal (the sixth of Volume 122, academic year 2012-2013) features new articles and essays on law and legal theory by internationally recognized scholars. Contents include an article analyzing rape-by-deception and the mythical idea of sexual autonomy, by Jed Rubenfeld; an essay on extortion and the principle of abuse of property right, by Larissa Katz; and a book review essay on the new generation of civil rights lawyers and the construction of racial identity, by Anthony Alfieri and Angela Onwuachi-Willig. The issue also features extensive student research, in the form of Notes and Comments, on such cutting-edge subjects as mandatory arbitration and contract procedure; the concept of ride-through in bankruptcy law as an economic good; kidney allocation and the limits of age discrimination law; and how civil law jurisdictions treat amici curiae parties and briefs. Quality ebook formatting includes fully linked notes and an active Table of Contents (including linked Contents for individual articles and essays), as well as active URLs in notes.
Constitutionalization of Politics in Comparative Perspective
Author: Paweł Laidler
Publisher: Taylor & Francis
Published: 2024-11-25
Total Pages: 329
ISBN-13: 1040188796
DOWNLOAD EBOOKScholars from political science and law examine the latest research on the constitutionalization of politics in comparative perspective. The scope includes both inter- country and intra- country perspectives, institutional and systemic analyses, common and civil law systems, focusing on historical and contemporary case studies. There are chapters limited to a concrete legal and political system, analyzing the tools and processes guarding constitutionalization of politics in such countries as the United States, Germany, France, Italy, Poland, Finland, and Bulgaria, as well as studies offering comparative analysis of various institutions representing different countries and different legal and political systems. Taken together, this book uncovers a wide variety of legal and political cultures, systems of governments, and forms of territorial organization. Once uncovered, this approach makes it easier to determine repetitive patterns which may be observed in constitutional review and constitutional interpretation, or significant differences occurring in the models of constitutionalization of politics around the world. Constitutionalization of Politics in Comparative Perspective tackles important debates among academics interested in the theoretical and practical aspects of constitutions and constitutionalism and will appeal to social scientists, including sociologists, philosophers, security studies and international relations experts but also cultural studies scholars.
The Oxford Handbook of Political Networks
Author: Jennifer Nicoll Victor
Publisher: Oxford University Press
Published: 2018
Total Pages: 1011
ISBN-13: 0190228210
DOWNLOAD EBOOKPolitics is intuitively about relationships, but until recently the network perspective has not been a dominant part of the methodological paradigm that political scientists use to study politics. This volume is a foundational statement about networks in the study of politics.
AAA Handbook on International Arbitration and ADR - Second Edition
Author: American Arbitration Association
Publisher: Juris Publishing, Inc.
Published: 2010-10-01
Total Pages: 492
ISBN-13: 1933833483
DOWNLOAD EBOOKAssembled from Dispute Resolution Journal - the flagship publication of the American Arbitration Association - the chapters in the Handbook have all, where necessary, been revised and updated prior to publication. The book is succinct, comprehensive and a practical introduction to the use of arbitration and ADR, written by leading practitioners and scholars. The Handbook contains valuable guidance on international commercial arbitration, including the management of arbitration disputes, how to select an international arbitral institution, an explanation of the effect of international public policy, the duties of arbitrators, the presentation and evaluation of evidence in international arbitration, and how to arbitrate against a state sovereign. The enforcement of international arbitral awards is explored, including interim relief and problems with enforcement, the New York Convention, parallel proceedings, and pivotal decisions such as Chromalloy and TermoRio. International mediation is also examined, including guidelines for selecting the best mediator for an international dispute, the power of mediation to resolve international commercial disputes, and the differences in U.S. and European approaches. Lastly, the section on investment and trade arbitration and mediation explores bilateral investment treaties, examines WTO arbitration procedures, offers advice on saving time and money in cross-border commercial disputes, and provides guidance for U.S. investors to follow in dealing with sovereign states. The chapters in the Handbook were selected from an extensive body of writings and, in the main, represent world-class assessments of arbitration and ADR practice. All the major facets of the field are addressed and provide the reader with comprehensive and accurate information, lucid evaluations, and an indication of future developments. They not only acquaint, but also ground the reader in the field.
Civil Rights and EU Citizenship
Author: Sybe de Vries
Publisher: Edward Elgar Publishing
Published: 2018-10-26
Total Pages: 335
ISBN-13: 1788113446
DOWNLOAD EBOOKThe process of European integration has had a marked influence on the nature and meaning of citizenship in national and post-national contexts as well as on the definition and exercise of civil rights across Member States. This original edited collection brings together insights from EU law, human rights and comparative constitutional law to address this underexplored nexus. Split into two distinct thematic parts, it first evaluates relevant frameworks of civil rights protection, with special attention on enforcement mechanisms and the role of civil society organisations. Next, it engages extensively with a series of individual rights connected to EU citizenship. Comprising detailed studies on access to nationality, the right to free movement, non-discrimination, family life, data protection and the freedom of expression, this book maps the expanding role of European law in the national sphere. It identifies a number of challenges to core civil rights that the current supranational framework is at pains to address. The contributors suggest and develop several new ideas on how to take the EU integration project forward. Civil Rights and EU Citizenshipprovides an innovative perspective on both the conceptual dimensions and the actual realities of rights-based citizenship which will be of interest to legal scholars, practitioners and policy-makers alike. Contributors include: S. Adamo, P.J. Blanco, S. de Vries, H. de Waele, T. Dudek, M.-P. Granger, K. Irion, Á.E. Menéndez, J. Morijn, P. Phoa, O. Salat, H. van Eijken, J.G. Vega
The Amicus Curiae in International Criminal Justice
Author: Sarah Williams
Publisher: Bloomsbury Publishing
Published: 2020-02-06
Total Pages: 423
ISBN-13: 1509913343
DOWNLOAD EBOOKThe amicus curiae – or friend of the court – is the main mechanism for actors other than the parties, including civil society actors and states, to participate directly in proceedings in international criminal tribunals. Yet reliance on this mechanism raises a number of significant questions concerning: the functions performed by amici, which actors seek to intervene and why, and the influence of amicus interventions on judicial outcomes. Ultimately, the amicus curiae may have a significant impact on the fairness, representativeness and legitimacy of the tribunals' proceedings and decisions. This book provides a comprehensive examination of the amicus curiae practice of the International Criminal Court and other major international criminal tribunals and offers suggestions for the role of the amicus curiae. In doing so, the authors develop a framework to augment the potential contributions of amicus participation in respect of the legitimacy of international criminal tribunals and their decisions, while minimising interference with the core judicial competence of the tribunal and the right of the accused to a fair and expeditious trial.
