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Books > Law > Laws of other jurisdictions & general law > Courts & procedure

Nazi-Looted Art and the Law - The American Cases (Hardcover, 1st ed. 2017): Bruce L Hay Nazi-Looted Art and the Law - The American Cases (Hardcover, 1st ed. 2017)
Bruce L Hay
R4,972 Discovery Miles 49 720 Ships in 12 - 19 working days

This book offers a clear, accessible account of the American litigation over the restitution of works of art taken from Jewish families during the Holocaust. For the past two decades, the courts of the United States have been an arena of conflict over this issue that has recently captured widespread public attention. In a series of cases, survivors and heirs have come forward to claim artworks in public and private collections around the world, asserting that they were seized by the Nazis or were sold under duress by owners desperate to escape occupied countries. Spanning two continents and three-quarters of a century, the cases confront the courts with complex problems of domestic and international law, clashes among the laws of different jurisdictions, factual uncertainties about the movements of art during and after the war, and the persistent question whether restitution claims have been extinguished by the passage of time.Through individual case studies, the book examines the legal questions these conflicts have raised and the answers the courts have given. From the internationally celebrated "Woman in Gold" lawsuit against Austria to lesser-known claims against Germany, Hungary, Spain, and museums and private collections in the United States, the book synthesizes the legal and evidentiary materials and judicial rulings in each case, creating a coherent narrative of proceedings that are often labyrinthine in complexity. Written by a leading authority on litigation and procedure, the book will be of interest to readers in various fields of the humanities and social sciences as well as law, and to anyone interested in the fate of artworks that have been called the "last prisoners" of the Second World War.

Foreshadows of the Law - Supreme Court Dissents and Constitutional Development (Hardcover, New): Donald E Lively Foreshadows of the Law - Supreme Court Dissents and Constitutional Development (Hardcover, New)
Donald E Lively
R2,766 Discovery Miles 27 660 Ships in 10 - 15 working days

The Supreme Court has final authority in determining what the Constitution means. The Court's findings have not, however, always been final. Lively focuses on several landmark dissenting opinions--resisted initially--later redefining the meaning of the Constitution. Each opinion arises from a rich historical context and involves constitutional issues of pointed significance. Vivid descriptions of some of the colorful personalities behind the opinions add appeal. Lively conveys the evolutionary and dynamic nature of the law demonstrating the relationship between present and past understanding of the Constitution. He describes the competitive nature of constitutional development and identifies the relevance of factors including subjective preference, values, vying theories, and ideologies.

The role of the Court, is addressed as are the federal government's relationship to the states and their citizens; slavery; property rights; substantive due process; freedom of speech; and the right to be left alone. This is a clearly presented and highly instructive consideration of how the Constitution's interpretation has been fashioned over time with important insights relevant to today's Court and contemporary cases.

Class Actions in Europe - Holy Grail or a Wrong Trail? (Hardcover, 1st ed. 2021): Alan Uzelac, Stefaan Voet Class Actions in Europe - Holy Grail or a Wrong Trail? (Hardcover, 1st ed. 2021)
Alan Uzelac, Stefaan Voet
R4,601 Discovery Miles 46 010 Ships in 12 - 19 working days

Not so long ago, class actions were considered to be a textbook example of American exceptionalism; many of their main features were assumed to be incompatible with the culture of the civil law world. However, the tide is changing; while there are now trends in the USA toward limiting or excluding class actions, notorious cases like Dieselgate are moving more and more European jurisdictions to extend the reach of their judicial collective redress mechanisms. For many new fans of class actions, collective redress has become a Holy Grail of sorts, a miraculous tool that will rejuvenate national systems of civil justice and grant them unprecedented power. Still, while the introduction of various forms of representative action has virtually become a fashion, it is anything but certain that attempting to transplant American-style class action will be successful. European judicial structures and legal culture(s) are fundamentally different, which poses a considerable challenge. This book investigates whether class actions in Europe are indeed a Holy Grail or just another wrong turn in the continuing pursuit of just and effective means of protecting the rights of citizens and businesses. It presents both positive and critical perspectives, supplemented by case studies on the latest collectivization trends in Europe's national civil justice systems. The book also shares the experiences of some non-European jurisdictions that have developed promising hybrid forms of collective redress, such as Canada, Brazil, China, and South Africa. In closing, a selection of topical international cases that raise interesting issues regarding the effectiveness of class actions in an international context are studied and discussed.

Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings - With Special Emphasis on the... Applications of the 'Fair Hearing' Norm in ECHR Article 6(1) to Civil Proceedings - With Special Emphasis on the Balance Between Procedural Safeguards and Efficiency (Hardcover, 1st ed. 2016)
Ola Johan Settem
R6,331 Discovery Miles 63 310 Ships in 12 - 19 working days

This book focuses on the most important implications of the "fair hearing" right for conducting civil proceedings. It provides a thorough and critical analysis of the case law of the European Court of Human Rights (the Strasbourg Court) regarding Article 6 of the European Convention on Human Rights. It puts forward a generally applicable framework for the analysis of the various procedural issues to which the "fair hearing" right may give rise, then applies that framework to discuss a selection of specific procedural issues. The book investigates several important questions of general scope in the context of ECHR Article 6, such as: What is the relevance of case law regarding criminal proceedings when the "fair hearing" right is applied to civil proceedings? How does the Strasbourg Court actually proceed when evaluating whether specific court proceedings have been "fair"? What are the roles of fundamental concepts such as the "margin of appreciation" and proportionality in this regard? In the subsequent discussion of specific procedural issues, the focus is on the balance that must be struck between procedural safeguards and the objectives of efficiency and economy. The book considers specific procedural issues such as: When must an oral hearing be held in order for civil proceedings to be "fair"? When will a refusal of specific evidence render civil proceedings unfair? When is a civil litigant entitled to le gal aid? As such, the book not only presents current case law; it also compares various strands of the case law regarding the "fair hearing" right, and argues that the Strasbourg Court's approach to various pertinent issues needs to become more consistent. Offering an in-depth examination of the Strasbourg Court's case law regarding ECHR Article 6, this book should be consulted by anyone interested in fundamental fair trial rights.

Trying Cases to Win Vol. 3 - Cross-Examination (Hardcover): Herbert Jay Stern Trying Cases to Win Vol. 3 - Cross-Examination (Hardcover)
Herbert Jay Stern
R5,309 Discovery Miles 53 090 Ships in 10 - 15 working days

Cross-Examination. Volume III, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1993. Reprinted 2013 by The Lawbook Exchange, Ltd. xviii, 450 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is available separately.
In this volume, Cross-Examination, Stern shows how to argue a case through opposition witnesses, convert the information provided on direct examination to the benefit of the cross-examiner's case, and limit the direct testimony so it is not detrimental.
Contents:
1. Introduction;
2. The Methods of Cross-Examination;
3. The Three Techniques of Cross-Examination;
4. Controlling the Witness under Cross-Examination;
5. The First Great Tool of Cross-Examination-Impeaching Material;
6. Applications of the Principles to Cases;
7. United State v. Weber;
8. The Second Great Tool of Cross-Examination-The Rules and Laws of Probability;
9. The Case of Queen Caroline;
10. Cross-Examination Should Not Avoid the Central Issue of the Case;
11. Edward Bennett Williams Cross-Examines;
12. Credibility Attacks;
13. The Order and Organization of Cross-Examination;
14. The Triangle Shirtwaist Fire Case;
15. Conclusion;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

Trying Cases to Win Vol. 2 - Direct Examination (Hardcover): Herbert Jay Stern Trying Cases to Win Vol. 2 - Direct Examination (Hardcover)
Herbert Jay Stern
R5,310 Discovery Miles 53 100 Ships in 10 - 15 working days

Direct Examination. Volume II, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1992. Reprinted 2013 by The Lawbook Exchange, Ltd. xv, 457 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately.
In this volume, Direct Examination, Stern provides a variety of direct examination techniques, using transcripts from a variety of cases.
Contents:
1. Introduction;
2. The Purpose of Direct Examination: To Argue Your Case;
3. Edward Bennett Williams Introduces His Witnesses;
4. Witness Preparation and Delivery of the Testimony;
5. Applications of the Principles to Cases;
6. The Bank of the United States Case;
7. Exhibits;
8. Making a Witness Invulnerable to Cross-Examination;
9. The Ultimate Protection is to Prevent Cross-Examination;
10. The City of Newark Case;
11. Conclusion;
Appendix A: The Bank of the United States Case-Excerpt of Direct Examination;
Appendix B: The Bank of the United States Case-Excerpt of Cross-Examination;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

Neo-Babylonian Trial Records (Hardcover): Shalom E. Holtz Neo-Babylonian Trial Records (Hardcover)
Shalom E. Holtz
R1,303 Discovery Miles 13 030 Ships in 10 - 15 working days
Governance, Social Control and Legal Reform in China - Community Sanctions and Measures (Hardcover, 1st ed. 2018): Qi Chen Governance, Social Control and Legal Reform in China - Community Sanctions and Measures (Hardcover, 1st ed. 2018)
Qi Chen
R3,620 Discovery Miles 36 200 Ships in 10 - 15 working days

This book outlines how community sentences and early release options are administered in China. Chen provides empirical insights into the emerging community sector of the Chinese penal system, and illustrates how Chinese criminal courts decide between imprisonment and community sentences. Drawing on interviews with government and non-governmental supervisors, this methodological and rigorous study offers an in-depth discussion of the enforcement of these community sanctions and measures (CSM). By using the CSM reform as an example, this book illustrates the adaptation of Chinese governance and social control. Ultimately, Chen argues that the current model of governance in China (disciplinary governance) cannot guarantee an effective state-agent relationship; it also denies local governments sufficient legitimacy to secure social stability. Finally, proposing that only the rule of law and an active judiciary can complement these two deficiencies, this book will be of great interest to scholars of criminology, law, and penology, as well as anyone who is interested in how China is held together in a socio-legal sense.

Malingering, Lies, and Junk Science in the Courtroom (Hardcover, New): Jack Kitaeff Malingering, Lies, and Junk Science in the Courtroom (Hardcover, New)
Jack Kitaeff
R3,351 Discovery Miles 33 510 Ships in 10 - 15 working days

This book presents a scholarly examination of some of the most popular psychiatric disorders, psychological syndromes, trauma disorders, addictions, and emotional injury claims in an attempt to determine if these are merely forms of malingering being used to achieve financial gain through litigation, or as a means of escaping criminal or civil responsibility. The book also examines unreliable and unsubstantiated treatment and assessment methods used by the mental health industry which find their way into the courtroom. There has been a significant amount of research (and anecdotal evidence) recently presented in the scientific literature regarding many of the above-mentioned topics. In addition, there is a seemingly neverending parade of legal cases in the media which are examples of some of the topics of this book (e.g., the Andrea Yates case and others). What distinguishes this edited book from others is (1) it does not shy away from confronting the unusual and even bizarre psychological phenomena which the legal profession must deal with; (2) it provides a solid theoretical review from renown psychologists, psychiatrists, and lawyers; (3) it provides the latest psychological research findings relating to various questionable disorders and methods; (4) it presents real-life experiences from the courtroom; and (5) relevant case law is discussed. This book will be of monumental use to practicing attorneys and law students, practicing psychologists and psychiatrists, and students in mental health and criminal justice. The book will allow for a clear understanding of "syndrome" evidence, its uses and abuses, malingering, phony and bogus "diseases" and "addictions," and how patients, clients, and defendants (as well as psychiatrists, psychologists, and lawyers) abuse the mental health and legal systems in order to escape criminal culpability, attain benefits, or make a case.

Criminal Justice Research in Libraries - Strategies and Resources (Hardcover): J. E. Ferrall Criminal Justice Research in Libraries - Strategies and Resources (Hardcover)
J. E. Ferrall
R1,653 Discovery Miles 16 530 Ships in 10 - 15 working days

Because of its eclectic nature, criminal justice can be a difficult discipline to research. This readable guide should help students through the maze of data. "Choice"

Lutzker and Ferrall skillfully introduce the student, professor, or researcher to the sources in the field and suggest logical ways of approaching them when doing research. "Reference Books Journal"

A Declaration of Legal Faith (Hardcover): Wiley Rutledge A Declaration of Legal Faith (Hardcover)
Wiley Rutledge
R1,201 Discovery Miles 12 010 Ships in 12 - 19 working days

The Judicial Philosophy of Justice RutledgeIn the first part of this book Justice Rutledge states his faith in judicial and governmental activism. He elaborates these principles in the second part, "The Commerce Clause: A Chapter in Democratic Living," which addresses changing judicial interpretations of the Constitutional delegation of power to regulate commerce. He concludes that the commerce clause's pre-eminence in the scheme of federation ensured the adoption of theConstitution and preserved its success ever since."He once said that before he could sign an opinion he not only had to be satisfied that it was logically sound but must feel intuitively that it was right. The same thought is found in the early pages of his Declaration of Legal Faith. The easy way was not the way of Wiley Rutledge. He abjured the merely supportable. The basic tenet of his philosophy, I believe, was this: that law must be the servant of the people, not their master. He has declared in moving words his faith in a trinity-law conjoined with freedom and justice. To the principle that law must serve the ends of freedom and justice he dedicated his life."--Fred M. Vinson, Chief Justice, United States Supreme Court 1946-1953, 25 Indiana Law Journal 421 1949-1950Wiley Blount Rutledge 1894-1949] was the last of Franklin Roosevelt's appointments to the Supreme Court and a staunch defender of the New Deal. He served as an Associate Justice to the United States Supreme Court from 1943 until his death in 1949.

Appellate Courts in the United States and England (Hardcover, New edition): Delmar Karlen Appellate Courts in the United States and England (Hardcover, New edition)
Delmar Karlen
R2,219 Discovery Miles 22 190 Ships in 10 - 15 working days

This book grew out of an experiment in Anglo-American legal study, in which distinguished American and English jurists studied the appellate courts of each other's countries, with a view to improving such courts in their own. Professor Karlen describes in detail the tribunals observed, and in a final chapter compares and contrasts appellate procedures in each country.

Supreme Court Agenda Setting - Strategic Behavior during Case Selection (Hardcover): U. Sommer Supreme Court Agenda Setting - Strategic Behavior during Case Selection (Hardcover)
U. Sommer
R1,508 Discovery Miles 15 080 Ships in 10 - 15 working days

Much research is devoted to the decision-making power and precedent set by the Supreme Court. Less attention, however, is given to the strategic behavior during case selection. This book argues that case selection is done strategically, and by means of various criteria - influencing its constitutional position and importance.

Constitutional Courts in Comparison - The US Supreme Court and the German Federal Constitutional Court (Hardcover, 2 Rev Ed):... Constitutional Courts in Comparison - The US Supreme Court and the German Federal Constitutional Court (Hardcover, 2 Rev Ed)
Ralf Rogowski, Thomas Gawron
R3,040 Discovery Miles 30 400 Ships in 12 - 19 working days

Constitutional litigation in general attracts two distinct types of conflict: disputes of a highly politicized or culturally controversial nature and requests from citizens claiming a violation of a fundamental constitutional right. The side-by-side comparison between the U.S. Supreme Court and the German Federal Constitutional Court provides a novel socio-legal approach in studying constitutional litigation, focusing on conditions of mobilisation, decision-making and implementation. This updated and revised second edition includes a number of new contributions on the political status of the courts in their democratic political cultures.

Life without Parole - America's New Death Penalty? (Hardcover, New): Charles J. Ogletree, Jr., Austin Sarat Life without Parole - America's New Death Penalty? (Hardcover, New)
Charles J. Ogletree, Jr., Austin Sarat
R3,105 Discovery Miles 31 050 Ships in 10 - 15 working days

Is life without parole the perfect compromise to the death penalty? Or is it as ethically fraught as capital punishment? This comprehensive, interdisciplinary anthology treats life without parole as "the new death penalty." Editors Charles J. Ogletree, Jr. and Austin Sarat bring together original work by prominent scholars in an effort to better understand the growth of life without parole and its social, cultural, political, and legal meanings. What justifies the turn to life imprisonment? How should we understand the fact that this penalty is used disproportionately against racial minorities? What are the most promising avenues for limiting, reforming, or eliminating life without parole sentences in the United States? Contributors explore the structure of life without parole sentences and the impact they have on prisoners, where the penalty fits in modern theories of punishment, and prospects for (as well as challenges to) reform.

Trying Cases to Win Vol. 1 - Voir Dire and Opening Argument (Hardcover): Herbert Jay Stern Trying Cases to Win Vol. 1 - Voir Dire and Opening Argument (Hardcover)
Herbert Jay Stern
R5,375 Discovery Miles 53 750 Ships in 10 - 15 working days

Voir Dire and Opening Argument. Volume I, Trying Cases to Win. Description (3900 characters maximum): Originally published: New York: Aspen Publishers, 1991. Reprinted 2013 by The Lawbook Exchange, Ltd. xv, 685 pp. The trial process is the sum of its parts-opening argument, direct and cross examination, and summation. In Trying Cases to Win, nationally known trial lawyer Herbert J. Stern provides an overall blueprint for conduct in the courtroom as he guides the reader through each of these segments. Rather than a collection of anecdotal war stories from various trials, Stern outlines the nuts and bolts of the right-and wrong-approach, processes and strategies for every component needed for trial success. Each volume is also available separately.
In this volume, Voir Dire and Opening Argument, Stern describes tactics for the voir dire process and the construction and delivery of a successful opening to lay the foundation for the overall argument.
Contents:
1. Introduction;
2. Rule I: Personal Advocacy;
3. Rule II: One Central Theme;
4. Rule II: Make the Case Bigger than its Facts;
5. The Four Laws: Primacy, Recency, Frequency and Vividness;
6. Opening Argument-Not Opening Statement;
7. Problems to Confront in Openings;
8. The Form of the Opening;
9. Final Considerations for Opening;
10. Edward Bennett Williams Opens;
11. Openings in Nonjury Trials;
12. Applications of the Principles to a Case;
13. The Colonial Pipeline Case;
14. Jury Voir Dire;
15. Voir Dire in Two Actual Cases;
16. Conclusion,
Appendix A: United States v. Weber-Opening for the Government;
Appendix B: United States v. Weber-Opening for the Defense;
Index. Author Bio (3900 characters maximum): Herbert J. Stern is a highly regarded trial lawyer and accomplished teacher of trial techniques. A partner and founding member in the New Jersey law firm of Stern & Kilcullen, Stern is a former Federal Judge, having served as United States district judge for the District of New Jersey from 1974 to 1987. He established his reputation as an advocate while serving as a trial attorney with the Organized Crime and Racketeering Section of the United States Department of Justice from 1965 to 1969 and as United States attorney for the District of New Jersey from 1970 to 1974 when he won a national reputation for unprecedented convictions of numerous public officials. He was founder and Co-Director of the Advocacy Institute at the University of Virginia School of Law from 1980 to the present. He was Special Counsel for Hon. Lawrence Walsh, Independent Counsel, Iran-Contra Prosecution, 1988. Judge Stern was the subject of the book, Tiger in the Court (Chicago: Playboy Press, 1973). He is the author of Judgment in Berlin (New York: Universe Books, 1984) which was made into a major motion picture with Sean Penn, and Martin Sheen playing Judge Stern; and, most recently, Diary of a DA: The True Story of the Prosecutor Who Took On the Mob, Fought Corruption, and Won (New York: Skyhorse Publishing, 2012). Review 1 (3900 characters maximum): ... a crowning achievement in a career devoted to helping all lawyers, from beginners to veterans, become more knowledgeable in the art of advocacy. Source: -- Arthur J. Greenbaum, Cowan, Liebowitz & Latman, PC, New York, NY

A Sword for the Convicted - Representing Indigent Defendants on Appeal (Hardcover, New): David Wasserman A Sword for the Convicted - Representing Indigent Defendants on Appeal (Hardcover, New)
David Wasserman
R2,791 Discovery Miles 27 910 Ships in 10 - 15 working days

Using New York City as a research model, this study explores the organizational, tactical, and ethical challenges of providing zealous advocacy for every convicted indigent wishing to appeal. David Wasserman, a former staff attorney with New York's Legal Aid Society, examines the unique form of representation that has emerged since the Supreme Court recognized the right to free appellate counsel, and details the conflict between the role of assigned appellate counsel and the demands of an overcrowded and underfunded criminal justice system. As the first study of indigent criminal appellate representation in the United States, this work brings a neglected form of legal service into the mainstream of criminal justice policy analysis.

The book is divided into three parts. Through the use of existing research and commentary, Part I analyzes the impact of the Supreme Court's Douglas v. California decision on the appellate courts and representation and on the organization of defense services. Part II offers an empirical study of criminal appeals in New York City, addressing such issues as the quality and impact of appellate defenders and the division of the indigent caseload. In Part III, Wasserman discusses the implications of this research in relation to the analysis of indigent defense developed in Part I, and considers measures for improving the quality of assigned appellate counsel. The work concludes with an appendix listing suggestions for further reading. This study, which provides the only available information on criminal appellate dispositions in New York City, will be an important resource for courses in law and social science, criminal justice, and appellate or trial practice. It will also be useful to the criminal justice community, particularly to public defender and legal aid groups, and appellate judges and their staffs.

Building the UK's New Supreme Court - National and Comparative Perspectives (Hardcover, New): Andrew Le Sueur Building the UK's New Supreme Court - National and Comparative Perspectives (Hardcover, New)
Andrew Le Sueur
R4,188 Discovery Miles 41 880 Ships in 12 - 19 working days

Building the UK's New Supreme Court is a collection of essays by academics and legal practitioners on questions relating to the institutional and procedural design of the UK's proposed new top-level court. They consider the interrelationships between the work of the Law Lords and courts in Scotland, Northern Ireland, the Court of Appeal, the European Court of Justice, and the European Court of Human Rights. Other essays examine the scope for lesson-learning from the experiences of top courts outside the UK - the US Supreme Court, the Supreme Court of Canada, and the German and Spanish constitutional courts.

The Paradoxes of Freedom (Hardcover, New edition): Sidney Hook The Paradoxes of Freedom (Hardcover, New edition)
Sidney Hook
R1,414 Discovery Miles 14 140 Ships in 10 - 15 working days
The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law  -La Cour de Justice... The Court of Justice and the Construction of Europe: Analyses and Perspectives on Sixty Years of Case-law -La Cour de Justice et la Construction de l'Europe: Analyses et Perspectives de Soixante Ans de Jurisprudence (English, French, Hardcover, 2013 ed.)
Court of Justice of the European Un; Editorial coordination by A. Rosas, E. Levits, Y. Bot
R3,035 Discovery Miles 30 350 Ships in 10 - 15 working days

This book is a contributed volume published by the Court of Justice of the European Union on the occasion of its 60th anniversary. It provides an insight to the 60 years of case-law of the Court of Justice and its role in the progress of European Integration. The book includes contributions from eminent jurists from almost all the EU Member States. All the main areas of European Union are covered in a systematic way. The contributions are regrouped in four chapters dedicated respectively to the role of the Court of Justice and the Judicial Architecture of the European Union, the Constitutional Order of the European Union, the Area of EU Citizens and the European Union in the World. The topics covered remain of interest for several years to come. This unique book, a "must-have" reference work for Judges and Courts of all EU Members States and candidate countries, and academics and legal professionals who are active in the field of EU law, is also valuable for Law Libraries and Law Schools in Europe, the United States of America, Latin America, Asia and Africa and law students who focus their research and studies in EU law.

The EU Private Damages Directive - Practical Insights: Minutes of the Closed Workshop 2016 (Paperback): Frank Wijckmans The EU Private Damages Directive - Practical Insights: Minutes of the Closed Workshop 2016 (Paperback)
Frank Wijckmans
R1,484 Discovery Miles 14 840 Ships in 12 - 19 working days

This book on the EU Private Damages Directive (PDD) offers an in-depth discussion of selected issues of interpretation of the PDD. The Directive sets out certain rules necessary to ensure that anyone who has suffered harm caused by an infringement of competition law by an undertaking or by an association of undertakings, can effectively claim full compensation for that harm from that undertaking or association.Each section corresponds with a chapter of the PDD and commences with a description of the general context within which the specific questions must be placed and understood. The outcome of the actual discussion is then provided in a Q&A format. The chapters are the result of a Closed Workshop organised on 21 May 2015 in Brussels, Belgium and which was attended by a group of competition law specialists from the majority of the EU Member States.

The Law of Arbitration in Israel (Hardcover): Smadar Ottolenghi The Law of Arbitration in Israel (Hardcover)
Smadar Ottolenghi
R12,124 Discovery Miles 121 240 Ships in 12 - 19 working days

Since Smadar Ottolenghi first published her detailed analysis of Israel's new arbitration law in 1970, she has remained the unrivalled interpreter of arbitration law in her country, and a tireless theorist of improved arbitral procedure. Virtually every Israeli judgement with regard to arbitration in the last thirty years has drawn on her definitive Hebrew treatise, "Arbitration: Law and Procedure", which has been revised and extended twice, in 1980 and again in 1990. This book is Professor Ottolenghi's own English adaptation of her peerless work, and is in fact the most up-to-date edition, as it includes references to hundreds of judgements and other developments that have occurred in the ten years since the publication of the most recent (third) Hebrew edition. Anyone with the need or opportunity to arbitrate in Israel should find all the details they need, including expert guidance on such important substantive and procedural matters as the following: phrasing the arbitration clause; matters in rem; sole arbitration versus party arbitration; successors to arbitration agreements; settlement of labour disputes under arbitral agreements; The court's involvement in arbitration proceedings; responsibility for arbitrator's remuneration; limitations upon the arbitrator's powers; setting aside an arbitrator's award; effect of international conventions; and enforcement of foreign arbitral awards. To enhance communication between English-speaking readers - lawyers, arbitrators, and other professionals and business people who should find this book immensely useful - and their Israeli correspondents, the paragraph numbering in this edition is identical with that of the third Hebrew Edition. Detailed indexes should add greatly to the book's usefulness by making it easy to find material through several different avenues.

Free Press v. Fair Trial - Supreme Court Decisions Since 1807 (Hardcover, New): Douglas S. Campbell Free Press v. Fair Trial - Supreme Court Decisions Since 1807 (Hardcover, New)
Douglas S. Campbell
R2,785 Discovery Miles 27 850 Ships in 10 - 15 working days

This volume takes a historical approach in analyzing all of the major United States Supreme Court cases relevant to the conflict between a free press and fair trial. Campbell's thorough analysis, which relates 30 primary cases to each other and to nearly 70 associated supporting cases, consists of five parts: (1) legal backgrounds; (2) immediate historical circumstances giving rise to the cases; (3) complete summaries of all court opinions, concurring opinions, and dissenting opinions, often using the Justices' own words; (4) the Court's ruling; and (5) analysis of the significance of the cases.

The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hardcover, New): Ole... The Practice of International and National Courts and the (De-)Fragmentation of International Law (Hardcover, New)
Ole Kristian Fauchald, Andre NollKaemper
R3,394 Discovery Miles 33 940 Ships in 12 - 19 working days

In recent decades there has been a considerable growth in the activities of international tribunals and the establishment of new tribunals. Furthermore, supervisory bodies established to control compliance with treaty obligations have adopted decisions in an increasing number of cases. National courts further add to the practice of adjudication of claims based on international law. While this increasing practice of courts and supervisory bodies strengthens the adjudicatory process in international law, it also poses challenges to the unity of international law. Most of these courts operate within their own special regime (functional, regional, or national) and will primarily interpret and apply international law within the framework of that particular regime. The role of domestic courts poses special challenges, as the powers of such courts to give effect to international law, as well as their actual practice in applying such law, largely will be determined by national law. At the same time, both international and national courts have recognised that they do not operate in isolation from the larger international legal system, and have found various ways to counteract the process of fragmentation that may result from their jurisdictional limitations. This book explores how international and national courts can, and do, mitigate fragmentation of international law. It contains case studies from international regimes (including the WTO, the IMF, investment arbitration and the ECtHR) and from various national jurisdictions (including Japan, Norway, Switzerland and the UK), providing a basis for conclusions to be drawn in the final chapter.

Annotated Leading Cases of International Criminal Tribunals - volume 52 - The International Criminal Court 16 July 2010 - 1... Annotated Leading Cases of International Criminal Tribunals - volume 52 - The International Criminal Court 16 July 2010 - 1 August 2011 (Paperback, Annotated Ed)
Andre Klip, Steven Freeland; Contributions by Andre Klip
R6,151 Discovery Miles 61 510 Ships in 12 - 19 working days

This fifty-second volume of the Annotated Leading Cases of International Criminal Tribunals contains decisions taken by the International Criminal Court 16 July 2010-1 August 2011. It provides the reader with the full text of the most important decisions, identical to the original version and including concurring, separate and dissenting opinions. Distinguished experts in the field of international criminal law have commented on the decisions.The Annotated Leading Cases of International Criminal Tribunals is useful for students, scholars, legal practitioners, judges, prosecutors and defence counsel who are interested in the various legal aspects of the law of the ICTY, ICTR, ICC and other forms of international criminal adjudication.The Annotated Leading Cases of International Criminal Tribunals is also available online. This service facilitates various search functions on all volumes of all international criminal tribunals. See for information the online version of the series:http://www.annotatedleadingcases.com/about.aspx

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