A Matter of Dispute

A Matter of Dispute
Author: Christopher J. Peters
Publisher: Oxford University Press
Total Pages: 377
Release: 2011-01-19
Genre: Law
ISBN: 0199749957

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Law often purports to require people, including government officials, to act in ways they think are morally wrong or harmful. What is it about law that can justify such a claim? In A Matter of Dispute: Morality, Democracy, and Law, Christopher J. Peters offers an answer to this question, one that illuminates the unique appeal of democratic government, the peculiar structure of adversary adjudication, and the contested legitimacy of constitutional judicial review. Peters contends that law should be viewed primarily as a device for avoiding or resolving disputes, a function that implies certain core properties of authoritative legal procedures. Those properties - competence and impartiality - give democracy its advantage over other forms of government. They also underwrite the adversary nature of common-law adjudication and the duties and constraints of democratic judges. And they ground a defense of constitutionalism and judicial review against persistent objections that those practices are "counter-majoritarian" and thus nondemocratic. This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. Written for specialists and non-specialists alike, A Matter of Dispute explains why each of us individually, and all of us collectively, have reason to obey the law - why democracy truly is a system of government under law.

A Matter of Dispute

A Matter of Dispute
Author: Christopher J. Peters
Publisher: Oxford University Press, USA
Total Pages: 377
Release: 2011
Genre: Law
ISBN: 0195387228

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This work canvasses fundamental problems within the diverse disciplines of legal philosophy, democratic theory, philosophy of adjudication, and public-law theory and suggests a unified approach to unraveling them. It also addresses practical questions of law and government in a way that should appeal to anyone interested in the complex and often troubled relationship among morality, democracy, and the rule of law. --

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

International Dispute Settlement

International Dispute Settlement
Author: J. G. Merrills
Publisher: Cambridge University Press
Total Pages: 387
Release: 2011-03-17
Genre: Law
ISBN: 1139500120

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A guide to the techniques and institutions used to solve international disputes, how they work and when they are used. This textbook looks at diplomatic (negotiation, mediation, inquiry and conciliation) and legal methods (arbitration, judicial settlement). It uses many, often topical, examples of each method in practice to place the theory of how things should work in the context of real-life situations and to help the reader understand the strengths and weaknesses of different methods when they are used. It also looks at organisations such as the International Court and the United Nations and has been fully updated to include the most recent arbitrations, developments in the WTO and the International Tribunal for the Law of the Sea, as well as case law from the International Court of Justice.

Jurisdiction of the International Court of Justice

Jurisdiction of the International Court of Justice
Author: Hanqin Xue
Publisher: BRILL
Total Pages: 262
Release: 2017-07-03
Genre: Law
ISBN: 9004342761

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The International Court of Justice, principal judicial organ of the United Nations, plays an important and unique role in the peaceful settlement of international disputes. As a third-party mechanism, it is a highly technical and well-structured institution. Through its continuous and consistent jurisprudence, it provides legal certainty, stability and predictability to the interpretation and application of international law. This special course intends to introduce some general concepts that underlie international adjudication and the basic rules and principles governing the competence and jurisdiction of the Court. Notwithstanding its prominence, the Court does not have a general and unconditional competence in dispute resolution. Its jurisdiction is based on the consent of the States, both in general terms as well as in each specific case, which reflects the attributes of the State system. Jurisdiction is a substantive matter. The Court’s decision on the question of jurisdiction is no less important than on the merits.

Business Law I Essentials

Business Law I Essentials
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher:
Total Pages: 180
Release: 2019-09-27
Genre:
ISBN: 9781680923025

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A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.

Mega-Regional Trade Agreements

Mega-Regional Trade Agreements
Author: Thilo Rensmann
Publisher: Springer
Total Pages: 377
Release: 2017-07-20
Genre: Law
ISBN: 3319566636

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This book provides an in-depth analysis of "Mega-Regionals", the new generation of trans-regional free-trade agreements (FTAs) currently under negotiation, and their effect on the future of international economic law. The main focus centres on the EU-US Transatlantic Trade and Investment Partnership (TTIP), the Trans-Pacific Partnership (TPP) and the EU-Canada Comprehensive Economic and Trade Agreement (CETA), but the findings are also applicable to similar agreements under negotiation, such as the Regional Comprehensive Economic Partnership (RCEP).The specific features of Mega-Regional Trade Agreements raise a number of issues with respect to their potential effect on the current system of international trade and investment law. These include the consequences of Mega-Regionals for the most-favoured-nation (MFN) principle, their relation to the multilateral system of the World Trade Organization (WTO), their democratic legitimacy and their interaction with existing bilateral investment treaties (BITs).The book is intended for academics and practitioners working in the field of international economic law.

Dispute Processes

Dispute Processes
Author: Michael Palmer
Publisher: Cambridge University Press
Total Pages: 433
Release: 2020-07-09
Genre: Law
ISBN: 1107070546

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This new edition considers a wide range of materials dealing with dispute processes and current debates on civil justice.

International Dispute Resolution

International Dispute Resolution
Author: Vesna Lazić
Publisher: Springer
Total Pages: 131
Release: 2018-07-26
Genre: Law
ISBN: 946265252X

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The contributions in this book cover a wide range of topics within modern disputeresolution, which can be summarised as follows: harmonisation, enforcement andalternative dispute resolution. In particular, it looks into the impact of harmonisedEU law on national rules of civil procedure and addresses the lack of harmonisationin the US regarding the recognition and enforcement of foreign judgments. Furthermore,the law on enforcement is examined, not only by focusing on US law, but also onhow to attach assets in order to enforce a judgment. Finally, it addresses certain typesof alternative dispute resolution. In addition, the book looks into the systems andcultures of dispute resolution in several regions of the world, such as the EU, the US andChina, that have a high impact on globalisation. Hence, the book is diverse in the senseof dealing with multiple issues in the field of modern dispute resolution./div The book offers explorations of the impact of international rules and EU law on domesticcivil procedure, through case studies from, among others, the US, China, Belgium andthe Netherlands. The relevance of EU law for the national debate and its impact on theregulation of civil procedure is also considered. Furthermore, several contributions discussthe necessity and possibility of harmonisation in the emergency arbitrator mechanisms inthe EU. The harmonisation of private international law rules within the EU, particularlythose of a procedural nature, is juxtaposed to the lack thereof in the US. Also, the bookoffers an overview of the current dispute settlement mechanisms in China. The publication is primarily meant for legal academics in private international law andcivil procedure. It will also prove useful to practitioners regularly engaged in cross-borderdispute resolution and will be of added value to advanced students, as well as to those withan interest in international litigation and more generally in the area of dispute resolution. Vesna Lazić is Senior Researcher at the T.M.C. Asser Institute, Associate Professor ofPrivate Law at Utrecht University and Professor of European Civil Procedure at theUniversity of Rijeka. Steven Stuij is an expert in Private International Law and a PhD Candidate/GuestResearcher at the Erasmus School of Law, Rotterdam. Ton Jongbloed is Guest Editor on this volume./div

The Handbook of Family Dispute Resolution

The Handbook of Family Dispute Resolution
Author: Alison Taylor
Publisher: John Wiley & Sons
Total Pages: 497
Release: 2012-07-12
Genre: Family & Relationships
ISBN: 0787962813

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No matter your profession (attorney, clinician, family therapist) or skill level (seasoned professional or novice), The Handbook of Family Dispute Resolution is an invaluable resource that outlines the most effective mediation approaches, techniques, and skills. The Handbook of Family Dispute Resolution is a practical and comprehensive guide that includes * A review of professional ethics and standards * Help for attorneys who are not trained in the skills needed for working with families * Information about cultural issues that affect families during mediation * Highlights of key legal and negotiation skills * Guidelines for understanding complex family dynamics and conflicts * A screening tool for evaluating domestic violence * A matrix for starting discussions of parenting plans based on children's needs * An examination of specialized practices for family mediation * Direction for assessing one's professional approach to family mediation