Commitment And Cooperation On High Courts

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Commitment And Cooperation On High Courts

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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017

Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

Commitment and cooperation on high courts -- How do judges decide? -- Planting the seed : choosing high court judges -- Who hears the particular appeal? -- Do judges care about others? -- Slipping through the screen: how do courts choose the cases they hear? -- The influence of the parties on judges : accuracy or affiliation? -- Norms, leadership, and consensus

Commitment And Cooperation On High Courts

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Author : Benjamin Alarie
language : en
Publisher: Oxford University Press
Release Date : 2017-07-25

Commitment And Cooperation On High Courts written by Benjamin Alarie and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-25 with Law categories.

Judicial decision-making may ideally be impartial, but in reality it is influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preference. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. Four basic institutional questions from a comparative perspective help address these studies regardless of institutional context or government framework. Who decides, or how is a justice appointed? How does an appeal reach the court; what processes occur? Who is before the court, or how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal, or what institutional norms and strategic behaviors do the judges perform to obtain their preferred outcome? This book explains how the answers to these institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. The authors apply these four fundamental institutional questions to empirical work on the Supreme Courts of the US, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.

High Courts In Global Perspective

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Author : Nuno Garoupa
language : en
Publisher: University of Virginia Press
Release Date : 2021-08-27

High Courts In Global Perspective written by Nuno Garoupa and has been published by University of Virginia Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-27 with Political Science categories.

High courts around the world hold a revered place in the legal hierarchy. These courts are the presumed impartial final arbiters as individuals, institutions, and nations resolve their legal differences. But they also buttress and mitigate the influence of other political actors, protect minority rights, and set directions for policy. The comparative empirical analysis offered in this volume highlights important differences between constitutional courts but also clarifies the unity of procedure, process, and practice in the world’s highest judicial institutions. High Courts in Global Perspective pulls back the curtain on the interlocutors of court systems internationally. This book creates a framework for a comparative analysis that weaves together a collective narrative on high court behavior and the scholarship needed for a deeper understanding of cross-national contexts. From the U.S. federal courts to the constitutional courts of Africa, from the high courts in Latin America to the Court of Justice of the European Union, high courts perform different functions in different societies, and the contributors take us through particularities of regulation and legislative review as well as considering the legitimacy of the court to serve as an honest broker in times of political transition. Unique in its focus and groundbreaking in its access, this comparative study will help scholars better understand the roles that constitutional courts and judges play in deciding some of the most divisive issues facing societies across the globe. From Africa to Europe to Australia and continents and nations in between, we get an insider’s look into the construction and workings of the world’s courts while also receiving an object lesson on best practices in comparative quantitative scholarship today. Contributors:Aylin Aydin-Cakir, Yeditepe University, Turkey * Tanya Bagashka, University of Houston * Clifford Carrubba, Emory University * Amanda Driscoll, Florida State University * Joshua Fischman, University of Virginia * Joshua Fjelstul, Washington University in St. Louis * Tom Ginsburg, University of Chicago * Melinda Gann Hall, Michigan State University * Chris Hanretty, University of London * Lori Hausegger, Boise State University * Diana Kapiszewski, Georgetown University * Lewis A. Kornhauser, New York University * Dominique H. Lewis, Texas A&M University * Chien-Chih Lin, Academia Sinica, Taiwan * Sunita Parikh, Washington University in St. Louis * Russell Smyth, Monash University, Australia * Christopher Zorn, Pennsylvania State University Constitutionalism and Democracy

Towering Judges

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Author : Rehan Abeyratne
language : en
Publisher: Cambridge University Press
Release Date : 2021-03-25

Towering Judges written by Rehan Abeyratne and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.

This first-of-its-kind volume surveys twenty constitutional judges who 'towered' over their peers, exploring their complexities and flaws.

The Pursuit Of A Brave New World In International Law

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Author : Tiyanjana Maluwa
language : en
Publisher: BRILL
Release Date : 2017-01-09

The Pursuit Of A Brave New World In International Law written by Tiyanjana Maluwa and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-09 with Law categories.

The Pursuit of a Brave New World in International Law presents critical perspectives on various inter-related themes in the areas of human rights, international law, terrorism and international criminal justice. The discussions reflect the wide-ranging subjects that John Dugard has engaged with over the last five decades as an international law scholar, teacher and judge. The essays pay homage to Professor Dugard’s impressive body of work as both a theorist and practitioner of international law and international human rights law. While some of the discussions in the volume critically examine his views, as expressed in his academic writings, judicial opinions and official United Nations reports, others deal with subjects that have been inspired by or are related to Dugard’s work. Contributors are: Neil Boister, Trevor P. Chimimba, James Crawford, David Dyzenhaus, Christopher Greenwood, Larissa van den Herik, Christof Heyns, Maurice Kamto, Tiyanjana Maluwa, Max du Plessis, Thomas Probert, Arnold Pronto, Philippe Sands, William A. Schabas, Ivan Shearer, Hennie Strydom, Mia Swart, Dire Tladi, Annemarieke Vermeer-Künzli and Abdulqawi Yusuf.

Contemporary Issues In Finance And Insolvency Law Volume 1

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Author : Leon Trakman
language : en
Publisher: Taylor & Francis
Release Date : 2022-08-17

Contemporary Issues In Finance And Insolvency Law Volume 1 written by Leon Trakman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-17 with Law categories.

There is increasing regulatory interdependence amongst Central, East and South East Asian, European and North American financial markets, and these markets account for over one-third of the world’s population and global financial markets. As Asian markets become more integral to global financial economy, more cohesive, compatible and integrated insolvency and restructuring laws are essential. This two-volume work reviews why we should internationalise current cross-border insolvency and how we could restructure laws to address inadequacies. The two volumes evaluate international regulatory reforms directed at detecting and managing cross-border insolvency and restructuring crises across the entire economy including financial markets. The authors call for schemes of arrangements and letters of comfort to be formally accepted as international legal tools. The work also assesses recent, but as yet largely unregulated developments in financial agreements, particularly the use of close-out netting provisions that serve as significant protective mechanisms prior to the declaration of an insolvency. It discusses international arbitration, data protection and artificial intelligence in crossborder insolvency and restructuring. Finally, the book seeks a meaningful balance between self-regulation through financial contracts and other party practices, and regulation imposed by governments and international financial regulators. This extensive work will be a useful reference for legal practitioners, policy makers and scholars working on financial regulation and international financial laws.

The Annotated Digest Of The International Criminal Court 2008

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Author : Cyril Laucci
language : en
Publisher: BRILL
Release Date : 2010-10-15

The Annotated Digest Of The International Criminal Court 2008 written by Cyril Laucci and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-15 with Law categories.

The Annotated Digest of the International Criminal Court, 2008, is the third volume in an annual series, which compiles a selection of the most significant legal findings from public decisions rendered by the International Criminal Court in 2008. A total of 472 public decisions were reviewed for the preparation of this volume. The selected abstracts include an extraordinary number of landmark decisions on substantive and procedural issues including, among others, the constitutive elements of crimes against humanity and war crimes, the rights of victims to participate in different stages of proceedings, the guarantees of a fair trial, and the prosecutorial obligation to disclose potentially exculpatory evidence in its possession. The year was marked by two new arrests, one in the situation from the Democratic Republic of Congo (Ngudjolo), the other in the situation from the Central African Republic (Bemba), as well as confirmation of charges in the joint case The Prosecutor v. Katanga and Ngudjolo. Finally, 2008 paved the way for commencement of the first trials in the history of the International Criminal Court, which officially began in 2009. Abstracts included in this series were selected based on the following criteria: (i) clarification of a legal issue or interpretation of a legal provision; (ii) implementation or application of a legal provision; and (iii) meaningfulness with respect to international justice, human rights, or international humanitarian law. Passages are normally quoted in English, except where the English translation has not been made available; in such circumstances, abstracts are provided in French with an accompanying English-language summary. Selected abstracts are organized under the relevant Statute, Rule of Procedure and Evidence, or Regulation of the Court. A short description or summary is provided for each topic, and a reference system and index allow for easy reference to other decisions quoted in the Digest series.

The International Criminal Court

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Author : Marlies Glasius
language : en
Publisher: Routledge
Release Date : 2006-03-29

The International Criminal Court written by Marlies Glasius and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-03-29 with Law categories.

A universal criminal court : the emergence of an idea -- The global civil society campaign -- The victory : the independent prosecutor -- The defeat : no universal jurisdiction -- The controversy : gender and forced pregnancy -- The missed chance : banning weapons -- A global civil society achievement : why rejoice?

Easier Said Than Done A Report On Commitments And Performances Of The Commonwealth Members Of The Un Human Rights Council 2007

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Author :
language : en
Publisher: CHRI
Release Date :

Easier Said Than Done A Report On Commitments And Performances Of The Commonwealth Members Of The Un Human Rights Council 2007 written by and has been published by CHRI this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.

The Law And Practice Of The International Criminal Court

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Author : Carsten Stahn
language : en
Publisher: Oxford University Press, USA
Release Date : 2015

The Law And Practice Of The International Criminal Court written by Carsten Stahn and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.

The International Criminal Court has significantly grown in importance and impact over the decade of its existence. This book assesses its impact, providing a comprehensive overview of its practice. It shows how the Court has contributed to major developments in international criminal law, and identifies the ways in which it is in need of reform.