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Books > Law > International law > General
A critical history of the Americanization of legal education in
fourteen countries The second half of the twentieth century
witnessed the export of American power-both hard and
soft-throughout the world. What role did US cultural and economic
imperialism play in legal education? American Legal Education
Abroad offers an unprecedented and surprising picture of the
history of legal education in fourteen countries beyond the United
States. Each study in this book represents a critical history of
the Americanization of legal education, reexamining prevailing
narratives of exportation, transplantation, and imperialism.
Collectively, these studies challenge the conventional wisdom that
American ideas and practices have dominated globally. Editors Susan
Bartie and David Sandomierski and their contributors suggest that
to understand legal education and to respond thoughtfully to the
mounting present-day challenges, it is essential to look beyond a
particular region and consider not only the ideas behind legal
education but also the broader historical, political, and cultural
factors that have shaped them. American Legal Education Abroad
begins with an important foundational history by leading Harvard
Law School historian Bruce Kimball, who explains the factors that
created a transportable American legal model, and the book
concludes with reflections from two prominent American law
professors, Susan Carle and Bob Gordon, whose observations on
recent disruptions within US law schools suggest that their
influence within the global order of legal education may soon fall
into further decline. This book should be considered an invaluable
resource for anyone in the field of law.
The ever-growing interaction between member States and
international organisations results, all too often, in situations
of non-conformity with international law (eg peacekeeping
operations, international economic adjustment programmes,
counter-terrorism sanctions). Seven years after the finalisation of
the International Law Commission's Articles on the Responsibility
of International Organisations (ARIO), international law on the
allocation of international responsibility between these actors
still remains unsettled. The confusion around the nature and
normative calibre of the relevant rules, the paucity of relevant
international practice supporting them and the lack of a clear and
principled framework for their elaboration impairs their
application and restricts their ability to act as effective
regulatory formulas. This study aims to offer doctrinal clarity in
this area of law and purports to serve as a point of reference for
all those with a vested interest in the topic. For the first time
since the publication of the ARIO, all international responsibility
issues dealing with interactions between member States and
international organisations are put together in one book under a
common approach. Structured around a systematisation of the
interactions between these actors, the study provides an analytical
framework for the regulation of indirect responsibility scenarios.
Based on the ideas of the intellectual fathers of international
law, such as Scelle's 'dedoublement fonctionnel' theory and Ago's
'derivative responsibility' model, the book employs old ideas to
add original argumentation to a topic that has been dealt with
extensively by recent commentators.
International Arbitration: Issues, Perspectives and Practice is a
three-part compendium of contributions annotated to reflect Neil
Kaplans over 40-year career as a Judge of the Supreme Court of
Hong Kong. Neil is widely referred to as the father of arbitration
in Hong Kong who has gone on to become one of the members of the
upper echelons of the great and the good of international
arbitration.
On the occasion of his 75th birthday, Neil Kaplans unparalleled
influence in the field of international arbitration is celebrated
in this book which comprises contributions from over twenty-five
renowned international arbitration practitioners, all of whom
credit Kaplan as having impacted the development of arbitration in
their respective jurisdictions or professionally.
The sexual abuse of children and teens by rogue priests in the U.S.
Catholic Church is a heinous crime, and those who pray for a
religious community as its ministers, priests and rabbis should
never tolerate those who prey on that community. The legal disputes
of recent years have produced many scandalous headlines and fuelled
public discussion about the sexual abuse crisis within the clergy,
a crisis that has cost the U.S. Catholic Church over $3 billion. In
The Clergy Sex Abuse Crisis and the Legal Responses, two eminent
experts, James O'Reilly and Margaret Chalmers, draw on the lessons
of recent years to discern the interplay between civil damages law
and global church-based canon law. In some countries civil and
canon law, although autonomous systems of law, both form part of
the church's legal duties. In the United States, freedom of
religion issues have complicated how the state adjudicates both
cases of abuse and who can be held responsible for clerical
oversight. This book examines questions of civil and criminal
liability, issues of respondeat superior and oversight, issues with
statutes of limitations and dealing with allegations that occurred
decades ago, and how the Church's internal judicial processes
interact or clash with the civil pursuit of these cases.
The Yearbook aims to promote research, studies and writings in the
field of international law in Asia, as well as to provide an
intellectual platform for the discussion and dissemination of Asian
views and practices on contemporary international legal issues.
The West's cherished dream of social harmony by numbers is today
disrupting all our familiar legal frameworks - the state, democracy
and law itself. Its scientistic vision shaped both Taylorism and
Soviet Planning, and today, with 'globalisation', it is flourishing
in the form of governance by numbers. Shunning the goal of
governing by just laws, and empowered by the information and
communication technologies, governance champions a new normative
ideal of attaining measurable objectives. Programmes supplant
legislation, and governance displaces government. However,
management by objectives revives forms of law typical of economic
vassalage. When a person is no longer protected by a law applying
equally to all, the only solution is to pledge allegiance to
someone stronger than oneself. Rule by law had already secured the
principle of impersonal power, but in taking this principle to
extremes, governance by numbers has paradoxically spawned a world
ruled by ties of allegiance.
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