Regulation And The Courts

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Regulation And The Courts

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Author : R. Shep Melnick
language : en
Publisher: Brookings Institution Press
Release Date : 2010-12-01

Regulation And The Courts written by R. Shep Melnick and has been published by Brookings Institution Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-01 with Law categories.

In recent years, federal courts have become increasingly aggressive in shaping regulatory policy, abandoning their traditional deference to bureaucratic expertise. This new judicial activism has been particular evident in the regulation of air pollution. R. Shep Melnick analyzes the effects a variety of court decisions have had on federal air pollution control policy and assesses the courts’ institutional capacity for policymaking in such a complex arena. In six cases studies of environmental programs or issues he examines the interplay among the courts, the Environmental Protection Agency, Congress, and the White House. The conventional wisdom is that the courts have improved environmental policymaking, but Melnick concludes that as a whole “the consequences of court action under the Clean Air Act are neither random nor beneficial.” He finds that “court action has encouraged legislators and administrators to establish goals without considering how they can be achieved,” widening the gap between promise and performance. The results, he charges, have been increased cynicism, serious inefficiencies and inequities, and a lack of rational debate. An analysis of the institutional characteristics of the judicial branch reveals how these problems have come about and why they are likely to afflict other programs as well as environmental regulation. The author proposes several reforms to improve the courts’ ability to handle regulatory cases.

Constitutional Courts In Asia

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Author : Hongyi Chen
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-20

Constitutional Courts In Asia written by Hongyi Chen 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 2018-09-20 with Law categories.

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

International Law In Domestic Courts

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Author : André Nollkaemper
language : en
Publisher:
Release Date : 2018

International Law In Domestic Courts written by André Nollkaemper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018 with Law categories.

The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

International Commercial Disputes

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Author : Jonathan Hill
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-24

International Commercial Disputes written by Jonathan Hill and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-24 with Law categories.

This is the fourth edition of this highly regarded work on the law of international commercial litigation as practised in the English courts. As such it is primarily concerned with how commercial disputes which have connections with more than one country are dealt with by the English courts. Much of the law which provides the framework for the resolution of such disputes is derived from international instruments, including recent Conventions and Regulations which have significantly re-shaped the law in the European Union. The scope and impact of these European instruments is fully explained and assessed in this new edition. The work is organised in four parts. The first part considers the jurisdiction of the English courts and the recognition and enforcement in England of judgments granted by the courts of other countries. This part of the work, which involves analysis of both the Brussels I Regulation and the so-called traditional rules, includes chapters dealing with jurisdiction in personam and in rem, anti-suit injunctions and provisional measures. The work's second part focuses on the rules which determine whether English law or the law of another country is applicable to a given situation. The part includes a discussion of choice of law in contract and tort, with particular attention being devoted to the recent Rome I and Rome II Regulations. The third part of the work includes three new chapters on international aspects of insolvency (in particular, under the EC Insolvency Regulation) and the final part focuses on an analysis of legal aspects of international commercial arbitration. In particular, this part examines: the powers of the English courts to support or supervise an arbitration; the effect of an arbitration agreement on the jurisdiction of the English courts; the law which governs an arbitration agreement and the parties' dispute; and the recognition and enforcement of foreign arbitration awards. This title is included in Bloomsbury Professional's International Arbitration online service.

Policy Change Courts And The Canadian Constitution

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Author : Emmett Macfarlane
language : en
Publisher: University of Toronto Press
Release Date : 2018-01-01

Policy Change Courts And The Canadian Constitution written by Emmett Macfarlane and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

Asian Courts In Context

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Author : Jiunn-rong Yeh
language : en
Publisher: Cambridge University Press
Release Date : 2015

Asian Courts In Context written by Jiunn-rong Yeh 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 2015 with Law categories.

Analyzes courts in fourteen selected Asian jurisdictions to provide the most up-to-date and comprehensive interdisciplinary book available.

The Financial Courts

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Author : Jo Braithwaite
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07

The Financial Courts written by Jo Braithwaite 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 2021-01-07 with Law categories.

Explains the legal implications of internationalisation, standardisation and diversification in modern derivatives markets, demonstrating the key role of national courts.

International Judicial Practice On The Environment

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Author : Christina Voigt
language : en
Publisher: Cambridge University Press
Release Date : 2019-04-18

International Judicial Practice On The Environment written by Christina Voigt 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 2019-04-18 with Law categories.

Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Foreign Law In English Courts

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Author : Richard Fentiman
language : en
Publisher: Clarendon Press
Release Date : 1998

Foreign Law In English Courts written by Richard Fentiman and has been published by Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Law categories.

This book is concerned with the pleading and proof of foreign law in English courts. Fentiman argues that the law is both more complex and more defensible than had previously been supposed. By providing a practical guide to the subject, he presents the conflict of laws in a way which is both novel and illuminating.

The Collapse Of Constitutional Remedies

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Author : Aziz Z. Huq
language : en
Publisher: Oxford University Press
Release Date : 2021

The Collapse Of Constitutional Remedies written by Aziz Z. Huq 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 2021 with Law categories.

In The Collapse of Constitutional Remedies, Aziz Z. Huq examines what happens when our constitutional rights are violated. Many people think that federal courts will step in then and provide a remedy. But for most people, and especially for the vulnerable in our society, they won't lift a finger. As Huq argues, the powerful often get quicker access to the courts and more fulsome judicial review, which shows a break from the way in which the courts were originally designed. This book shows the deep ironies of judicial independence and charts a part of getting free of its most baleful effects.