La Regulaci N Jur Dica De La Nacionalidad En M Xico
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The Idea Of Arbitration
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Author : Jan Paulsson
language : en
Publisher:
Release Date : 2013-11
The Idea Of Arbitration written by Jan Paulsson and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11 with Law categories.
Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.
The Living Constitution
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Author : David A. Strauss
language : en
Publisher: Oxford University Press
Release Date : 2010-05-19
The Living Constitution written by David A. Strauss 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 2010-05-19 with Law categories.
Supreme Court Justice Antonin Scalia once remarked that the theory of an evolving, "living" Constitution effectively "rendered the Constitution useless." He wanted a "dead Constitution," he joked, arguing it must be interpreted as the framers originally understood it. In The Living Constitution, leading constitutional scholar David Strauss forcefully argues against the claims of Scalia, Clarence Thomas, Robert Bork, and other "originalists," explaining in clear, jargon-free English how the Constitution can sensibly evolve, without falling into the anything-goes flexibility caricatured by opponents. The living Constitution is not an out-of-touch liberal theory, Strauss further shows, but a mainstream tradition of American jurisprudence--a common-law approach to the Constitution, rooted in the written document but also based on precedent. Each generation has contributed precedents that guide and confine judicial rulings, yet allow us to meet the demands of today, not force us to follow the commands of the long-dead Founders. Strauss explores how judicial decisions adapted the Constitution's text (and contradicted original intent) to produce some of our most profound accomplishments: the end of racial segregation, the expansion of women's rights, and the freedom of speech. By contrast, originalism suffers from fatal flaws: the impossibility of truly divining original intent, the difficulty of adapting eighteenth-century understandings to the modern world, and the pointlessness of chaining ourselves to decisions made centuries ago. David Strauss is one of our leading authorities on Constitutional law--one with practical knowledge as well, having served as Assistant Solicitor General of the United States and argued eighteen cases before the United States Supreme Court. Now he offers a profound new understanding of how the Constitution can remain vital to life in the twenty-first century.
Human Nature And The French Revolution
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Author : Xavier Martin
language : en
Publisher: Berghahn Books
Release Date : 2003-12
Human Nature And The French Revolution written by Xavier Martin and has been published by Berghahn Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-12 with History categories.
What view of man did the French Revolutionaries hold? Anyone who purports to be interested in the "Rights of Man" could be expected to see this question as crucial and yet, surprisingly, it is rarely raised. Through his work as a legal historian, Xavier Martin came to realize that there is no unified view of man and that, alongside the "official" revolutionary discourse, very divergent views can be traced in a variety of sources from the Enlightenment to the Napoleonic Code. Michelet's phrases, "Know men in order to act upon them" sums up the problem that Martin's study constantly seeks to elucidate and illustrate: it reveals the prevailing tendency to see men as passive, giving legislators and medical people alike free rein to manipulate them at will. His analysis impels the reader to revaluate the Enlightenment concept of humanism. By drawing on a variety of sources, the author shows how the anthropology of Enlightenment and revolutionary France often conflicts with concurrent discourses.
Constitutional Theory
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Author : Carl Schmitt
language : en
Publisher: Duke University Press
Release Date : 2008-01-23
Constitutional Theory written by Carl Schmitt and has been published by Duke University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-23 with Law categories.
Carl Schmitt’s magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt’s masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original—and, because of his collaboration with the Nazi party, controversial—political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt’s more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Civil Litigation In A Globalising World
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Author : X.E. Kramer
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-02-02
Civil Litigation In A Globalising World written by X.E. Kramer and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-02 with Law categories.
Globalization of legal traffic and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may consequently jeopardize access to justice. This triggers the debate on the need for harmonization of civil procedure. In recent years, this debate has gained in importance because of new legislative and practical developments both at the European and the global level. This book discusses the globalization and harmonization of civil procedure from the angles of legal history, law and economics and (European) policy. Attention is paid to the interaction with private law and private international law, and European and global projects that aim at the harmonization of civil procedure or providing guidelines for fair and efficient adjudication. It further includes contributions that focus on globalization and harmonization of civil procedure from the viewpoint of eight different jurisdictions. This book is an unique combination of theory and practice and valuable for academic researchers in the area of civil procedure, private international law, international law as well as policy makers (national and EU), lawyers, judges and bailiffs.
Tica Profesional En El Ejercicio Del Derecho
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Author : Marina del Pilar Olmeda García
language : es
Publisher: Uabc
Release Date : 2005
Tica Profesional En El Ejercicio Del Derecho written by Marina del Pilar Olmeda García and has been published by Uabc this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law and ethics categories.
Victims And Restorative Justice
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Author : Inge Vanfraechem
language : en
Publisher: Routledge
Release Date : 2015-05-15
Victims And Restorative Justice written by Inge Vanfraechem and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-15 with Social Science categories.
Restorative justice aims to address the consequences of crime by encouraging victims and offenders to communicate and discuss the harm caused by the crime that has been committed. In the majority of cases, restorative justice is facilitated by direct and indirect dialogue between victims and offenders, but it also includes support networks and sometimes involves professionals such as police, lawyers, social workers or prosecutors and judges. In theory, the victim is a core participant in restorative justice and the restoration of the harm is a first concern. In practice, questions arise as to whether the victim is actively involved in the process, what restoration may entail, whether there is a risk of secondary victimisation and whether the victim is truly at the heart of the restorative response, or whether the offender remains the focal point of attention. Using a combination of victimological literature and empirical data from a European research project, this book considers the role and the position of the victim in restorative justice practices, focusing on legislative, organisational and institutional frameworks of victim-offender mediation and conferencing programmes at a national and local level, as well as the victims’ personal needs and experiences. The findings are essential reading for academics and students engaged in the study of justice, victimology and law. The publication will also be valuable to policymakers and professionals such as social workers, lawyers and mediators.
Recueil Des Cours Collected Courses 1980
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Author :
language : en
Publisher: BRILL
Release Date : 1983-03-21
Recueil Des Cours Collected Courses 1980 written by and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983-03-21 with Law categories.
The Academy is a prestigious international institution for the study and teaching of Public and Private International Law and related subjects. The work of the Hague Academy receives the support and recognition of the UN. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the Collected Courses of the Hague Academy of International Law .
America S New Immigration Law
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Author : Wayne A. Cornelius
language : en
Publisher:
Release Date : 1983
America S New Immigration Law written by Wayne A. Cornelius and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1983 with Law categories.
Conference report, commentary on draft immigration legislation in the USA - discusses the economic policy of immigration, historical and theoretical background, failures of migration policies and employer sanctions, issues relating to legislation control of irregular migrants, etc.; critically analyses the 1982 Simpson-Mazzoli Bill (incl. Legal aspects and administrative aspects); examines the likely impact on Latin American (partic. Mexican) immigrants; and cites jurisprudence. Photographs and references. Conference held in San Diego 1982 Nov.
International Surrogacy Arrangements
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Author : Katarina Trimmings
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-05-17
International Surrogacy Arrangements written by Katarina Trimmings and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-05-17 with Law categories.
This book addresses the pressing challenges presented by the proliferation of international surrogacy arrangements. The book is divided into three parts. Part 1 contains National Reports on domestic approaches to surrogacy from Argentina, Australia, Belgium, Brazil, China, Czech Republic, France, Germany, Greece, Guatemala, Hungary, India, Ireland, Israel, Mexico, Netherlands, New Zealand, Russia, South Africa, Spain, Ukraine, United Kingdom, United States and Venezuela. The reports are written by domestic specialists, each demonstrating the difficult and urgent problems arising in many States as a result of international surrogacy arrangements. These National Reports not only provide the backdrop to the authors' proposed model regulation appearing in Part 3, but serve as a key resource for scrutinising the most worrying incompatibilities in national laws on surrogacy. Part 2 of the book contains two contributions that provide international perspectives on cross-border surrogacy such as the 'human rights' perspective. Part 3 contains a General Report, which consists of an analysis of the National Reports appearing in Part 1, together with a proposed model of regulation of international surrogacy arrangements at the international level written by the two co-editors, Paul Beaumont and Katarina Trimmings. The research undertaken by Katarina Trimmings and Paul Beaumont from 2010 to 2012 was funded by the Nuffield Foundation. This title is included in Bloomsbury Professional's Family Law online service.