Courts As Catalysts

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Courts as Catalysts

Author : Matthew H. Bosworth
Publisher : SUNY Press
Page : 302 pages
File Size : 50,7 Mb
Release : 2001-06-07
Category : Political Science
ISBN : 0791450139

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Courts as Catalysts by Matthew H. Bosworth Pdf

Discusses state supreme courts and funding equity reform in Texas, Kentucky, and North Dakota.

Complementarity, Catalysts, Compliance

Author : Christian M. De Vos
Publisher : Cambridge University Press
Page : 389 pages
File Size : 43,5 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108472487

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Complementarity, Catalysts, Compliance by Christian M. De Vos Pdf

Critically explores the International Criminal Court's evolution and the domestic effects of its interventions in three African countries.

Constituting Economic and Social Rights

Author : Katharine G. Young
Publisher : OUP Oxford
Page : 376 pages
File Size : 50,7 Mb
Release : 2012-08-23
Category : Law
ISBN : 9780191639746

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Constituting Economic and Social Rights by Katharine G. Young Pdf

Food, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimum bundles of commodities or entitlements to processes of value-based, deliberative problem solving. Theories of constitutionalism and governance inform the potential of this approach to reconcile economic and social rights with both democratic and market principles, while addressing the material inequality, poverty and social conflict caused, in part, by law itself.

Current Legal Problems 2010

Author : George Letsas,Colm O'Cinneide
Publisher : Current Legal Problems
Page : 695 pages
File Size : 40,9 Mb
Release : 2011-01-30
Category : Law
ISBN : 9780199602582

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Current Legal Problems 2010 by George Letsas,Colm O'Cinneide Pdf

This year's volume covers topics such as military detention, English criminal law, terrorism, democracy, human rights, civil liberties, the media and international law, family law, child welfare, health, feminism, economic theory, corporate law, competition regulation, contract law, biotechnology, biodiversity and more.

From Schoolhouse to Courthouse

Author : Joshua Dunn,Martin R. West
Publisher : Rowman & Littlefield
Page : 290 pages
File Size : 43,5 Mb
Release : 2010-02-01
Category : Education
ISBN : 9780815703839

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From Schoolhouse to Courthouse by Joshua Dunn,Martin R. West Pdf

A Brookings Institution Press and the Thomas B. Fordham Institute publication From race to speech, from religion to school funding, from discipline to special education, few aspects of education policy have escaped the courtroom over the past fifty years. Predictably, much controversy has ensued. Supporters of education litigation contend that the courts are essential to secure student (and civil) rights, while critics insist that the courts distort policy and that the mere threat of litigation undermines the authority of teachers and administrators. From Schoolhouse to Courthouse brings together experts on law, political science, and education policy to test these claims. Shep Melnick (Boston College) and James Ryan (University of Virginia School of Law) draw lessons from judicial efforts to promote school desegregation and civil rights. Martha Derthick (University of Virginia), John Dinan (Wake Forest University), and Michael Heise (Cornell Law School) discuss litigation over high-stakes testing and school finance in the era of No Child Left Behind. Richard Arum (New York University), Samuel R. Bagenstos (Washington University Law School), and Frederick M. Hess (American Enterprise Institute) analyze the consequences of court rulings for school discipline, special education, and district management. Finally, editors Joshua Dunn and Martin R. West probe the tangled relationship between religious freedom, student speech, and school choice.

Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases

Author : United States. Patent Office
Publisher : Unknown
Page : 692 pages
File Size : 48,7 Mb
Release : 1961
Category : Copyright
ISBN : STANFORD:36105062488601

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Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases by United States. Patent Office Pdf

"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.

The Remaking of the Courts

Author : Dr Sarah Murray
Publisher : Federation Press
Page : 320 pages
File Size : 49,8 Mb
Release : 2014-03-21
Category : Law
ISBN : 9781760020217

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The Remaking of the Courts by Dr Sarah Murray Pdf

The Remaking of the Courts: Less-Adversarial Practice and the Constitutional Role of the Judiciary in Australia centres on the changing nature of courts within the Australian constitutional context. In essence, the monograph explores the degree to which less-adversarial innovations and the remodelling of the judicial role can be accommodated within Australia’s constitutional framework. The work draws upon comparative principles, separation of powers, jurisprudence and the theoretical perspectives of constitutionalism and neo-institutionalism. By examining Chapter III of the Commonwealth Constitution, and applying Chapter III approaches to less-adversarial case-studies traversing state and federal fields, the book argues that less-adversarial judicial practices can be broadly accommodated by the Australian constitutional framework. However, the book asserts that the clarity and suitability of the Chapter III constitutional approaches employed would be significantly improved by the adoption of a ‘contextual incompatibility’ methodology which would protect the constitutional role of the courts while not forestalling constitutionally compatible reform.

Revisiting Judicial Politics in the European Union

Author : Mark Dawson,Bruno de Witte,Elise Muir
Publisher : Edward Elgar Publishing
Page : 389 pages
File Size : 46,9 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035313518

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Revisiting Judicial Politics in the European Union by Mark Dawson,Bruno de Witte,Elise Muir Pdf

Addressing the tensions between the political and the legal dimension of European integration as well as intra-institutional dynamics, this insightful book navigates the complex topic of judicial politics. Providing an overview of key topics in the current debate and including an introductory chapter on different conceptions of judicial politics, experts in law and politics interrogate the broader political role of the European Court of Justice.

Oxford Handbook of Comparative Environmental Law

Author : Emma Lees,Jorge E. Viñuales
Publisher : Oxford Handbooks
Page : 1316 pages
File Size : 42,8 Mb
Release : 2019-04
Category : Law
ISBN : 9780198790952

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Oxford Handbook of Comparative Environmental Law by Emma Lees,Jorge E. Viñuales Pdf

This Handbook is the first comprehensive account of comparative environmental law. It examines in detail the methodological foundations of the discipline as well as the substance of environmental law across countries from four vantage points: country studies from all continents, responses to common problems (including air pollution, water management, nature conservation, genetically modified organisms, climate change and energy, chemicals, waste), foundational components of environmental law systems (including principles, property rights, administrative and judicial organisation, command-and-control regulation, market mechanisms, informational techniques and liability mechanisms), and common interactions of environmental protection with the broader public, private, and criminal law contexts. 0The volume brings together the foremost authorities in this field from around the world to provide a concise, self-contained, and technically rigorous account of environmental law as a single overall system.

Cases Decided in United States Court of Customs and Patent Appeals

Author : United States. Court of Customs and Patent Appeals
Publisher : Unknown
Page : 808 pages
File Size : 48,5 Mb
Release : 1970
Category : Customs administration
ISBN : UOM:39015057256979

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Cases Decided in United States Court of Customs and Patent Appeals by United States. Court of Customs and Patent Appeals Pdf

Court of Customs and Patent Appeals

Author : United States. Court of Customs and Patent Appeals
Publisher : Unknown
Page : 944 pages
File Size : 47,5 Mb
Release : 1964
Category : Customs administration
ISBN : UOM:39015057257209

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Court of Customs and Patent Appeals by United States. Court of Customs and Patent Appeals Pdf

The Occupation of Justice

Author : David Kretzmer,Yaël Ronen
Publisher : Oxford University Press, USA
Page : 561 pages
File Size : 55,6 Mb
Release : 2021
Category : Law
ISBN : 9780190696023

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The Occupation of Justice by David Kretzmer,Yaël Ronen Pdf

"This book is an updated and expanded study of the manner in which the Supreme Court of Israel has related to petitions challenging actions of the Israeli authorities in the territories occupied by Israel during the 1967 War. The first edition of the study was published two decades ago by one of the present authors, David Kretzmer. The original work was completed just before the second intifida began in September 2000. It covered decisions of the Supreme Court both during the formative years of the Court's jurisprudence on the occupation, and during the first intifada that broke out in December 1987. As stated in the preface to the first edition, the beginning of the second intifada proved that the hopes that the historic Oslo Accords between Israel and the PLO (1993-1995) would lead to peace between Israel and the Palestinians and to the end of the occupation were premature. At the present time (2020) an end to direct Israeli control over the West Bank and restrictions on life in Gaza does not seem to be in sight. The so-called peace plan published by the Trump Administration in February 2020, as we were completing the manuscript, does not alter that picture, although it may contribute to changes in the regime in the West Bank. Much that has happened since the first edition was published has affected the type of cases that reach the Supreme Court, and consequently the topics covered in this study. After a wave of suicide bombings in Israel in 2001 and 2002 the IDF embarked on a military operation in the West Bank. This operation and subsequent hostilities between the IDF and armed Palestinian groups yielded a host of petitions relating to means and methods of warfare and to judicial review during active hostilities. In 2002 the Israeli government began the construction of a separation barrier in the West Bank, the declared purpose of which was to make it more difficult for potential Palestinian terrorists to enter Israel itself. The barrier's route not only spurred close to two hundred petitions to the Supreme Court; it was also the subject of an advisory opinion by the International Court of Justice. In August 2005 Israel withdrew its armed forces and civilian settlements from the Gaza Strip under the Disengagement Plan, and the government announced that Israel no longer had responsibility for Gaza. Controversy arose whether Gaza remained occupied territory. In 2006 the Hamas movement gained control over Gaza and the Government of Israel declared Gaza to be 'hostile territory.' The relations between Israel and Gaza have been tense ever since, with firing of rockets and bombs on Israeli towns and villages, severe restrictions on supply of goods to Gaza and movement of people between Gaza and the West Bank, and periods of active hostilities between Israel and Gaza. Since the first edition of this study was completed there has been a dramatic expansion in the number of Israeli settlements and settlers in the West Bank. This expansion has had various legal and practical consequences, including the emergence of two different legal regimes applicable to Israelis and to Palestinians resident in the West Bank"--

Court of Customs and Patent Appeals Reports

Author : United States. Court of Customs and Patent Appeals
Publisher : Unknown
Page : 936 pages
File Size : 46,5 Mb
Release : 1930
Category : Customs administration
ISBN : OSU:32437000578191

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Court of Customs and Patent Appeals Reports by United States. Court of Customs and Patent Appeals Pdf