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A Primer on the Jurisdiction of the U.S. Courts of Appeals
Thomas E. Baker
This primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals. Disciplines
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Institutional Credit Markets Structure, Funding, and Regulation
Jose Gabilondo
Institutional Credit Markets provides a framework for understanding the institutional funding markets that undergird the U.S. credit system. It traces the evolution of the depository bank model, its non-bank competitors, and the financial conglomerates that span credit and capital markets.
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Cryptocurrency Regulation: A Primer
Jerry W. Markham
This incisive and thought-provoking book examines the regulation of cryptocurrency trading by state and federal financial services regulators, in order to understand why these statutes proved to be ineffective in regulating this new asset class. Furthermore, it analyzes and evaluates pending proposals in Congress for more effective cryptocurrency regulation.
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The Greek Minority's Fate in the Former Ottoman Empire as a Human Rights Crisis
Hannibal Travis
The genocide in Pontos and in other parts of Anatolia, as well as Thrace, is not merely a part of history but a window into a contemporary human rights crisis. The destruction continues in a somewhat less violent form in our time as the culture, language, and religious rites of the Ottoman Greeks are lost due to massacres, forcible exile, and expropriations of sacred sites. This chapter introduces relevant human rights norms and argues that measures implemented by the international community after other genocides could be a model for restitution and guarantees of non-recurrence in Pontos and other parts of Turkey.
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Understanding Civil Rights Litigation, Third Edition
Howard Wasserman
The third edition:
- Covers all aspects of civil rights and constitutional litigation, including the history of civil rights legislation in the United States; the substantive elements of Section 1983 and Bivens causes of action; individual immunity defenses; governmental liability and immunity; procedural and jurisdictional hurdles; abstention; and remedies.
- Explores the doctrinal areas that have undergone substantial changes or challenges since the prior edition, including the retraction of Bivens; the extension, criticism, and cross-ideological calls for reform of qualified immunity; the narrowing of abstention; debates over the scope of injunctive relief; and the Supreme Court's increasing engagement earlier in constitutional cases.
- Explores new applications of long-standing doctrines, including controversies over when social-media companies and public officials act under color of state law in controlling who has access to sites and pages.
- Adds new and expanded "Puzzles" for most topics within the book. These short problems, drawn from news stories, lawsuits, and lower-court decisions, challenge students to work through and apply the doctrine. The book can serve as a primary source for a problem-centered civil rights courses.
- Includes appendices containing the United States Constitution, Emancipation Proclamation, and selected substantive, jurisdictional, and procedural federal statutes and rules that govern in civil rights and constitutional litigation.
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First Amendment Law: Freedom of Expression and Freedom of Religion
Thomas E. Baker
This is a casebook for First Amendment courses in law schools in the United States. It covers all the major topics under the First Amendment, including freedom of speech, freedom of association, freedom of the press, and the Religion Clauses. Our casebook is designed to be approachable to a wide range of instructors and students. It emphasizes the actual language of important Supreme Court decisions in this area and presents opinions with relatively light editing. The book also avoids long, discursive note materials that, in the authors' view, tend to distract or overwhelm most students. Finally, this casebook relies heavily on problems as a tool that instructors can employ to advance and confirm students' understanding of the covered topics.
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Comentario al Artículo 7 de la Ley de Arbitraje Comercial Venezolana
Gilberto A. Guerrero-Rocca
El tribunal arbitral está facultado para decidir acerca de su propia competencia, incluso sobre las excepciones relativas a la existencia o a la validez del acuerdo de arbitraje. A ese efecto el acuerdo de arbitraje que forme parte de un contrato se considerará como un acuerdo independiente de las demás estipulaciones del mismo. La decisión del tribunal arbitral de que el contrato es nulo no conlleva la nulidad del acuerdo de arbitraje.
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PANES OF THE GLASS CEILING: The Unspoken Beliefs Behind the Law's Failure to Help Women Achieve Professional Parity
Kerri Lynn Stone
More than fifty years of civil rights legislation and movements have not ended employment discrimination. This book reframes the discourse about the “glass ceiling” that women face with respect to workplace inequality. It explores the unspoken, societally held beliefs that underlie and engender workplace behaviour and failures of the law, policy, and human nature that contribute “panes” and (“pains”) to the “glass ceiling.” Each chapter identifies an “unspoken belief” and connects it with failures of law, policy, and human nature. It then describes the resulting harm and shows how this belief is not imagined or operating in a vacuum, but is pervasive throughout popular culture and society. By giving voice to previously unvoiced – even taboo – beliefs, we can better address and confront them and the problems they cause.
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Contributor, in COLLECTIVE WISDOM: When to Impeach With an Inconsistent Statement
H. Scott Fingerhut
In that trial is competitive storyshowing in context, H.T. Smith, Director of FIU’s Trial Advocacy Program, rightly insists that the trial lawyer necessarily filters most every advocacy decision through the prism of “it depends,” including when on cross-examination to impeach a witness with a prior inconsistent statement. Whether the prior statement helps you, hurts you, or, albeit inconsistent, does neither, the when question takes these factors into consideration: • Significance―the contrast between the statements • Materiality―the importance of the impeachment to your case • Timing―when you learn of the impeachment opportunity Do the math.
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Family Law in Latin America: Procedural and Substantive Issues. Derecho de Familia & Sucesiones en Latinoamérica. Jurisdicción y Derecho aplicable
Gilberto A. Guerrero-Rocca and Gilberto Guerrero-Quintero
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The Law Reports of the Special Court for Sierra Leone: Volume IV: Prosecutor v. Sesay, Kallon and Gbao (The RUF Case) (Set of 3)
Charles C. Jalloh and Simon Meisenberg
The Special Court for Sierra Leone was established through signature of a bilateral treaty between the United Nations and the Government of Sierra Leone in early 2002, making it the third modern ad hoc international criminal tribunal. It has tried various persons, including former Liberian President Charles Ghankay Taylor, for serious violations of international humanitarian law committed during the latter half of the Sierra Leonean armed conflict. It completed its work in December 2013. A new Residual Special Court for Sierra Leone, based in Freetown and with offices in The Hague, has been created to carry out its essential “residual” functions.
This volume, which consists of three books and a CD-ROM and is edited by two legal experts on the Sierra Leone Court, completes the set of edited Law Reports started in 2012. Together, the Law Reports fill the gap of a single and authoritative reference source of the tribunal’s jurisprudence. The law reports are intended for national and international judges, lawyers, academics, students and other researchers as well as transitional justice practitioners in courts, tribunals and truth commissions, and anyone seeking an accurate record of the trials conducted by the Special Court for Sierra Leone. -
Corporations and Other Business Enterprises, Cases and Materials 5th Edition
Jerry W. Markham, Thomas Lee Hazen, and John Coyle
In addition to the law of corporations, the casebook explores the law of partnerships and the law of limited liability companies. It contains specialized treatment of fiduciary duties and closely-held corporations. It addresses the federal securities laws, Sarbanes-Oxley, SEC proxy rules, and insider trading. The casebook also discusses mergers and acquisitions, corporate finance, and the role of corporate lawyers in effectuating business transactions. Suitable for use in basic as well as advanced courses.
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El Derecho Indiano y la Transferencia de la Florida Oriental al Reino de España (1783-1785) Indian Law and the Transfer of East Florida to Spain (1783-1785)
M C. Mirow
In July 1784, Governor Vicente Manuel de Zéspedes took possession of East Florida for the Spanish crown and reestablished Spanish institutions, tribunals and structures under Derecho Indiano. To resolve disputes between British subjects under his jurisdiction, Zéspedes named John Leslie, a successful Scots trader, and Francis Philip Fatio, a Swiss planter, as judges for British cases. This study examines their work in the transition of the province from British to Spanish control.
En julio de 1784, el Gobernador Vicente Manuel de Zéspedes tomó posesión de la provincia de la Florida Oriental para la corona española y restableció las instituciones, los tribunales y las estructuras españolas bajo el Derecho Indiano. Para resolver las disputas entre los súbditos británicos bajo su jurisdicción, Zéspedes nombró a John Leslie, un exitoso comerciante escocés, y a Francis Philip Fatio, un suizo propietario de una plantación, como jueces para casos británicos. Este estudio examina su trabajo en la transición de la provincia de manos británicas a españolas.
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Legal Iconography and Painting Constitutional Law
M C. Mirow
Predominantly a European phenomenon, the study of legal iconography has expanded to the common law world and informed approaches to Anglo-American legal development. European painting, sculptures, and other artwork were used in forensic settings to channel behavior of judges, lawyers, and litigants. Such artwork often combined religious perspectives, such as depictions of the Last Judgment, but might also reflect more secular notions such as Justice. Cultural historians and theorists have supplemented these traditional approaches by expanding the scope of the analysis of the relationship between image and law. This book continues these scholarly efforts. It is, in essence, a study of legal iconography at ground level. The viewers, interpreters, and expositors of Cortada’s paintings are constitutional scholars rather than historians or theorists of law, art, or culture. This work analyses common law materials, constitutional cases, and the depiction of specific cases in twenty-first century artwork. It illustrates the potential for legal iconography to offer deeper insights into law, legal institutions, justice, injustice, and legal change in modern society.
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African Union Continental Free Trade Area: Opportunities for New Regional Discourse?
J. Janewa OseiTutu
This chapter begins with a brief introduction to existing international Intellectual Property (IP) obligations. It then discusses the African Unions (AU's) IP policies as derived from AU policy statements and language from the statute of the Pan-African Intellectual Property Organization (PAIPO). One of the initiatives of the AU was to adopt an instrument establishing the PAIPO to address IP throughout the African continent. Among other things, the PAIPO shall “harmonize intellectual property standards that reflect the needs of the AU,” its member states, and regional organizations. The preamble to the PAIPO statute makes it clear that “development” is one of the priorities of the organization, stating that AU member states are “determined to promote a development-oriented intellectual property system in order to achieve the objectives of the African Union. The PAIPO preamble also speaks to the need to strengthen national capacity and affirms the recommendations of the WIPO development Agenda.
