In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Law and Justice around the World is designed to introduce students to comparative law and justice, including cross-national variations in legal and justice systems as well as global and international justice. The book draws students into critical discussions of justice around the world today by: taking a broad perspective on law and justice rather than limiting its focus to criminal justice systems examining topics of global concern, including governance, elections, environmental regulations, migration and refugee status, family law, and others focusing on a diverse set of global examples, from Europe, North America, East Asia, and especially the global south, and comparing the United States law and justice system to these other nations continuing to cover core topics such as crime, law enforcement, criminal courts, and punishment including chapter goals to define learning outcomes sharing case studies to help students apply concepts to real life issues Instructor resources include discussion questions; suggested readings, films, and web resources; a test bank; and chapter-by-chapter PowerPoint slides with full-color maps and graphics. By widening the comparative lens to include nations that are often completely ignored in research and teaching, the book paints a more realistic portrait of the different ways in which countries define and pursue justice in a globalized, interconnected world.
Veteran legal issues reporter Kim Eisler takes us behind the scenes into mega law firm Williams & Connolly, guiding us on a journey through the many storied cases that have served to shape current policies in public and private sector alike For the past twenty years, author and journalist Kim Eisler has covered the law firm of Williams & Connolly, first at American Lawyer Magazine, then for Legal Times and since 1993 as National Editor of Washingtonian Magazine. More than any other writer, Kim has unprecedented and unusual contacts and relationships with the partners, as well as a background knowledge and familiarity with the firm's history and personnel over the past two decades. In Masters of the Game, Eisler sets out to demonstrate how the disciples of Edward Bennett Williams went beyond anyone's expectations and came to occupy key roles in American culture and business. In the last ten years of his life, Williams, the founder of Williams and Connolly, often said he was building not just a law firm but a monument. Masters of the Game is not only about a law firm, but about how the philosophy and practices of this particular law firm have spread out beyond Washington to dominate business, finance, sports and the American psyche itself through its influence with past, present and future political, corporate and media figures.
This is primarily a textbook for graduate and upper-level undergraduate students of law. However, practising lawyers and policy-makers who are looking for an introduction to WTO law will also find it invaluable. The book covers both the institutional and substantive law of the WTO. While the treatment of the law is often quite detailed, the main aim of this textbook is to make clear the basic principles and underlying logic of WTO law and the world trading system. Each section contains questions and assignments, to allow students to assess their understanding and develop useful practical skills. At the end of each chapter there is a helpful summary, as well as an exercise on specific, true-to-life international trade problems.
The second edition of this casebook has been updated and trimmed, although it retains a wide range of topics and materials. It covers a variety of private international law issues, including child abduction, child custody, adoption, child support enforcement, and recognition of marriages and divorces. The book also explores the impact of public international law on both domestic and international regulation of the family, using topics such as family violence and the rights of the child. Finally, the book uses comparative law materials to examine traditional family law topics, such as the regulation of marriage, the rights of same-sex couples, adoption, reproductive freedom, and more.
This collection contributes to the wider theoretical debate concerning the movement of law and legal norms by engaging with concrete examples of legal diffusion in jurisdictions as diverse as Albania, the Czech Republic, Poland and Kuwait. The volume is international, multi-disciplinary and multi-methodological in approach and brings together scholars from law and social science with experience in mixed and hybrid jurisdictions. The book provides timely new insights and a comprehensive illustration of the theoretical debates concerning the diffusion of laws and norms in terms of both process and form.
The world of law is a world of information. Rules, judgments, decisions, interpretations, and agreements all involve using and communicating information. Today, we are experiencing a significant transition, from letters fixed on paper to information stored electronically. The digital era, where information is created, stored, and communicated electronically, is quickly approaching, if not already here. The future of law will no longer be found in impressive buildings and leather-bound books, but in small pieces of silicon, in streams of light, and in millions of miles of wires and cable. It will be a world of new relationships and greater possibilities for individual and group communication, an environment where the value of information increases as it is shared. In Law in a Digital world, M. Ethan Katsh explores how these new technologies will alter one of our most central institutions. He considers the different ways in which people will not only electronically read and write, but also interact with our vast storehouses of legal knowledge and information. He envisions how sounds and pictures will play into the largely imageless print world of law, and looks at the future importance of graphic and nontextual communication. He explores how the flexible, personalized organization of data will transform the way we gather information, and whether information can or cannot be contained, raising questions of copyright and privacy. What happens to the law when information is more plentiful and accessible? What happens to those people who suddenly have access to information never before available? Does the use of information in a new form change the institution, the user, and those who come in contact with the user? And, what role does the lawyer play in all of this? For citizens, for lawyers, for all those who will be part of the digital world rushing toward us, Katsh answers these questions while considering the implications of this new era.
Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in capitalist economies. Setting forth a new analytic framework for understanding these problems, Law and Capitalism examines such contemporary corporate governance crises in six countries, to shed light on the interaction of legal systems and economic change. This provocative book debunks the simplistic view of law’s instrumental function for financial market development and economic growth. Using comparative case studies that address the United States, China, Germany, Japan, Korea, and Russia, Curtis J. Milhaupt and Katharina Pistor argue that a disparate blend of legal and nonlegal mechanisms have supported economic growth around the world. Their groundbreaking findings show that law and markets evolve together in a “rolling relationship,” and legal systems, including those of the most successful economies, therefore differ significantly in their organizational characteristics. Innovative and insightful, Law and Capitalism will change the way lawyers, economists, policy makers, and business leaders think about legal regulation in an increasingly global market for capital and corporate governance.
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
How as a society can we find ways of ensuring the people who are the most vulnerable or have little voice can avail themselves of the protection in law to improve their social, cultural, health and economic outcomes as befits civilised society? Better Law for a Better World answers this question by looking at innovative practices and developments emerging within law practice and education and shares the skills and techniques that could lead to confidence in the law and its ability to respond. Using recent research from Australia, practice initiatives and information, the book breaks down ways for law students, legal educators and law practitioners (including judicial officers, law administrators, legislators and policy makers) to enhance access to justice and improve outcomes through new approaches to lawyering. These can include: Multi-Disciplinary Practice (including health justice partnerships); integrated justice practice; restorative practice; empowerment modes (community & professional development and policy skills); client-centred approaches and collaborative interdisciplinary practice informed by practical experience. The book contains critical information on what such practice might look like and the elements that will be required in the development of the essential skills and criteria for such practice. It seeks to open up a dialogue about how we can make the law better. This includes making the community more central to the operation of the law and improving client-centred practice so that the Rule of Law can deliver on its claims to serve, protect and ensure equality before the law. It explores practical ways that emerging lawyers can be trained differently to ensure improved communication, collaboration, problem solving, partnership and interpersonal skills. The book explores the challenges of such work. It also gives suggestions on how to reduce professional barriers and variations in practice to effectively, humanely and efficiently make a difference in people’s lives. The book builds essential skills and new approaches to lawyering for law students, legal educators, new lawyers and seasoned lawyers, judicial members and law administrators to equip them to better respond to community need. It looks at the law in context by also exploring the role of the law in improving the social determinants of health and socially just outcomes.
