O Reexame Necess Rio E A Efetividade Da Tutela Jurisdicional
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O Reexame Necess Rio E A Efetividade Da Tutela Jurisdicional
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Author : Humberto Theodoro Jr.
language : pt-BR
Publisher: Livraria do Advogado Editora
Release Date : 2021-07-22
O Reexame Necess Rio E A Efetividade Da Tutela Jurisdicional written by Humberto Theodoro Jr. and has been published by Livraria do Advogado Editora this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-07-22 with Law categories.
Abordando-se os principais temas desenvolvidos pela doutrina especializada, pátria e alienígena, e comumente presentes na prática jurisprudencial, procura-se revisitar criticamente os pontos vitais e polêmicos que envolvem a preclusão.São costuradas as noções fundamentais do instituto, a partir de uma primeira aproximação da preclusão com o fenômeno processual moderno, na sequência , a exposição das ricas peculiaridades da utilização da técnica preclusiva frente ao Estado-juiz e às partes.
The Nature And Authority Of Precedent
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Author : Neil Duxbury
language : en
Publisher:
Release Date : 2008
The Nature And Authority Of Precedent written by Neil Duxbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Judicial process categories.
Neil Duxbury examines how precedents constrain legal decision-makers and how legal decision-makers relax and avoid those constraints. There is no single principle or theory which explains the authority of precedent but rather a number of arguments which raise rebuttable presumptions in favour of precedent-following. This book examines the force and the limitations of these arguments and shows that although the principal requirement of the doctrine of precedent is that courts respect earlier judicial decisions on materially identical facts, the doctrine also requires courts to depart from such decisions when following them would perpetuate legal error or injustice. Not only do judicial precedents not 'bind' judges in the classical-positivist sense, but, were they to do so, they would be ill suited to common-law decision-making. Combining historical inquiry and philosophical analysis, this book will assist anyone seeking to understand how precedent operates as a common-law doctrine.
Jurisdiction And Arbitration Agreements And Their Enforcement
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Author : David Joseph
language : en
Publisher:
Release Date : 2015
Jurisdiction And Arbitration Agreements And Their Enforcement written by David Joseph and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Arbitration and award categories.
Precedent In Law
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Author : Laurence Goldstein
language : en
Publisher: Oxford University Press, USA
Release Date : 1987
Precedent In Law written by Laurence Goldstein 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 1987 with Stare decisis categories.
It has been said that precedent is the life blood of legal systems. Certainly, an understanding of precedent is vital to an understanding of the workings of law. The principle that decisions should follow those of past similar cases seems simple enough, yet it turns out to be beset with difficulties. What is the justification for following precedents? Do we want absolute, unswerving following of past decisions or a weaker implementation that allows for limited departures? What social and theoretical forces wrought changes in the doctrine? Are judicial pronouncements on precedent rules or just conventions? How do we identify the ratio decidendi of a case? What are the means by which a general "projectable" conclusion may be elicited from a particular judgment? These are some of the problems addressed by contributors to this volume.
Fundamental Guarantees Of The Parties In Civil Litigation
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Author : Mauro Cappelletti
language : fr
Publisher: Oceana Publications
Release Date : 1973
Fundamental Guarantees Of The Parties In Civil Litigation written by Mauro Cappelletti and has been published by Oceana Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Law categories.
Metropolitan Governance
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Author : Richard C. Feiock
language : en
Publisher: Georgetown University Press
Release Date : 2004-08-23
Metropolitan Governance written by Richard C. Feiock and has been published by Georgetown University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004-08-23 with Political Science categories.
Metropolitan Governance is the first book to bring together competing perspectives on the question and consequences of centralized vs. decentralized regional government. Presenting original contributions by some of the most notable names in the field of urban politics, this volume examines the organization of governments in metropolitan areas, and how that has an effect on both politics and policy. Existing work on metropolitan governments debates the consequences of interjurisdictional competition, but neglects the role of cooperation in a decentralized system. Feiock and his contributors provide evidence that local governments successfully cooperate through a web of voluntary agreements and associations, and through collective choices of citizens. This kind of "institutional collective action" is the glue that holds institutionally fragmented communities together. The theory of institutional collective action developed here illustrates the dynamics of decentralized governance and identifies the various ways governments cooperate and compete. Metropolitan Governance provides insight into the central role that municipal governments play in the governance of metropolitan areas. It explores the theory of institutional collective action through empirical studies of land use decisions, economic development, regional partnerships, school choice, morality issues, and boundary change—among other issues. A one-of-a-kind, comprehensive analytical inquiry invaluable for students of political science, urban and regional planning, and public administration—as well as for scholars of urban affairs and urban politics and policymakers—Metropolitan Governance blazes new territory in the urban landscape.
Clientelismo E Pol Tica No Brasil Do S Culo Xix
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Author : Richard Graham
language : pt
Publisher:
Release Date : 1997
Clientelismo E Pol Tica No Brasil Do S Culo Xix written by Richard Graham and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1997 with Brazil categories.
Freedom Of Expression In The Marketplace Of Ideas
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Author : Douglas M. Fraleigh
language : en
Publisher: SAGE
Release Date : 2010-05-19
Freedom Of Expression In The Marketplace Of Ideas written by Douglas M. Fraleigh and has been published by SAGE this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-05-19 with Law categories.
A comprehensive guide to effective participation in the public debate about our most indispensable right: freedom of expression Encouraging readers to think critically about freedom of speech and expression and the diverse critical perspectives that challenge the existing state of the law, this text provides a comprehensive analysis of the historical and legal contexts of the First Amendment, from its early foundations all the way to censorship on the Internet. Throughout the book, authors Douglas M. Fraleigh and Joseph S. Tuman use the "Marketplace of Ideas" metaphor to help readers visualize a world where the exchange of ideas is relatively unrestrained and self-monitored. The text provides students with the opportunity to read significant excerpts of landmark decisions and to think critically about the issues and controversies raised in these cases. Students will appreciate the treatment of contemporary issues, including free speech in a post-9/11 world, free expression in cyberspace, and First Amendment rights on college campuses. Features: Demystifies free speech law, encouraging readers to grapple with the complexities of significant ethical and legal issues Sparks student interest in "big picture" issues while simultaneously covering important foundational material, including incitement, fighting words, true threats, obscenity, indecency, child pornography, hate speech, time place and manner restrictions, symbolic expression, restrictions on the Internet, and terrorism. Includes significant excerpts from landmark freedom of expression cases, including concurring or dissenting opinions where applicable, to help students become active learners of free expression rights Offers critical analysis and alternative perspectives on free expression doctrines to demonstrate that existing doctrine is not necessarily ideal or immutable Includes a global perspective on free expression including a chapter on international and comparative perspectives that helps students see how the values of different cultures influence judicial decisions
Constitutional Courts And Deliberative Democracy
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Author : Conrado Mendes
language : en
Publisher: Oxford University Press, USA
Release Date : 2013-12
Constitutional Courts And Deliberative Democracy written by Conrado Mendes 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 2013-12 with Law categories.
It is often argued that courts are better suited for impartial deliberation than partisan legislatures, and that this capacity justifies handing them substantial powers of judicial review. This book provides a thorough analysis of those claims, introducing the theory of deliberative capacity and its implications for institutional design.
The Rule Of Law History Theory And Criticism
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Author : Pietro Costa
language : en
Publisher: Springer Science & Business Media
Release Date : 2007-05-06
The Rule Of Law History Theory And Criticism written by Pietro Costa 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 2007-05-06 with Law categories.
Authors Costa and Zolo share the conviction that a proper understanding of the rule of law today requires reference to a global problematic horizon. This book offers some relevant guides for orienting the reader through a political and legal debate where the rule of law (and the doctrine of human rights) is a concept both controversial and significant at the national and international levels.
