Smoke Signals from The South : The Unanticipated Effects of an "Unsuccessful" Litigation on Brazil's Anti-tobacco War
Manuel A. Gomez
In recent years collective litigation procedures have spread across the globe, accompanied by hot controversy and normative debate. Yet virtually nothing is known about how these procedures operate in practice. Based on extensive documentary and interview research, this volume presents the results of the first comparative investigation of class actions and group litigation 'in action'. Produced by a multinational team of legal scholars, this book spans research from ten different countries in the Americas, Europe, Asia and the Middle East, including common law and civil law jurisdictions. The contributors conclude that to understand how class actions work in practice, one needs to know the cultural factors that shape claiming, the financial arrangements that enable or impede litigation and how political actors react when mass claims erupt. Substantive law and procedural rules matter, but culture, economics and politics matter at least as much. This book will be of interest to students and scholars of law, business and politics. It will also be of use to public policy makers looking to respond to mass claims; financial analysts looking to understand the potential impact of new legal instruments; and global lawyers who litigate transnationally.
Corporations and other Business Enterprises : Cases and Materials
Thomas Lee Hazen, Jerry W. Markham, and John F. 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.
Charles C. Jalloh
This book chapter, which appears in The Cambridge Companion to International Criminal Law edited by Prof. William A. Schabas, examines the landmark trial of ex-Liberian president Charles Taylor, the first former African head of state to be tried – and convicted – by an international criminal court for his involvement in the commission of war crimes, crimes against humanity and other serious violations of international humanitarian law in a neighboring African State. It exposes the various controversies that dogged the Taylor Trial from the first through to its last day, and assesses its historic and symbolic significance for the United Nations backed Special Court for Sierra Leone and for international criminal law.
The Rights of the Accused under the Sixth Amendment: Trials, Presentation of Evidence, and Confrontation, Second Edition
Paul Marcus, David K. Duncan, Tommy Miller, and Joëlle Anne Moreno
The Rights of the Accused under the Sixth Amendment, 2nd Edition examines the wide range of criminal justice topics that fall within the scope of the Sixth Amendment. This resource offers fascinating historical perspective, modern interpretations, and insight on this critical component of the U.S. Constitution.
Florida Wills, Trusts, and Estates: Cases and Materials, 3rd ed.
Elena Marty-Nelson, Eloisa Rodriguez-Dod, Gail Levin Richmond, and Donna Litman
To encourage students to view wills, trusts, and estates issues from the standpoint of both planners and litigators, the authors include numerous questions that require students to think about ways to draft or plan to avoid litigation, while accomplishing clients’ goals. While the book is intended for the basic wills and trusts course, it may also be used in advanced trusts and estates courses, as it includes chapters on estate planning, powers of appointment, advanced directives, and probate. The rules governing wills and trusts continue to be state-law-driven. The authors’ philosophy is that students gain critical insights into complex issues by studying the laws of one jurisdiction as a whole. Florida law is a perfect platform for this endeavor because it has extensive probate and trust codes and significant case decisions addressing current and cutting-edge issues.
Bases y Puntos de Partida para la Organización Política de la República Argentina, Juan Bautista Alberdi
Matthew C. Mirow
This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each ‘old book’ is analyzed by a recognized specialist in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them.
Causas Civiles En La Florida Oriental, 1785-1821 [Civil Cases in East Florida, 1785-1821]
Matthew C. Mirow
A study of civil litigation in the Spanish province of East Florida from 1785 to 1821. (Un estudio de las causas civiles en la Florida Oriental, 1785-1821).
Gonzalo Herrera y las Floridas Frente a las Cortes (Gonzalo Herrera and the Floridas Before the Cortes)
Matthew C. Mirow
Esta contribución explora la promulgación de la Constitución de Cádiz en las Floridas y la representación de las Floridas por Gonzalo Herrera en las Cortes de Cádiz en 1813. Es un intento de colocar el trabajo de Herrera en el contexto de la participación de la Florida en el imperio colonial español y sus experiencias constitucionales. Primero, este estudio ofrece un breve resumen de la adopción de la Constitución por la Florida Oriental y la implementación de su estructura constitucional. Segundo, la representación de las Floridas por Herrera ante las Cortes es discutida desde el punto de vista de los documentos disponibles. This contribution explores the promulgation of the Constitution of Cádiz in the Floridas and the representation of the Floridas by Gonzalo Herrera in the Cortes de Cádiz in 1813. It attempts to place Herrera’s work in the context of Florida’s participation in the Spanish Empire and its constitutional experience. First, the study offers a summary of the adoption of the Constitution in East Florida and the implementation of its constitutional structure. Second, Herrera’s representation before the Cortes is examined from the standpoint of the available sources.
Marbury En Mexico: La Precoz Migracion De La Judicial Review Al Sur [Marbury in Mexico: Judicial Review's Precocious Southern Migration]
M. C. Mirow
Spanish Abstract: Una versión revisada y traducida del Marbury in Mexico: Judicial Review's Precocious Southern Migration, 35 Hastings Constitutional Law Quarterly 41-177 (2007). Traducción de Ruben Sanchez Gil e Isaac Josue Cervantes Castro.
English Abstract: This is a revised and translated version of Marbury in Mexico: Judicial Review's Precocious Southern Migration, 35 Hastings Constitutional Law Quarterly 41-117 (2007). Translated by Ruben Sanchez Gil and Isaac Josue Cervantes Castro.
The Law Reports of the Special Court for Sierra Leone, Volume III: Prosecutor v. Charles Ghankay Taylor (The Taylor Case)
Charles C. Jalloh and Simon Meisenberg eds.
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. The tribunal has tried various persons, including former Liberian President Charles Ghankay Taylor, for allegedly bearing "greatest responsibility" 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, presents, for the first time in a single place, a comprehensive collection of all the interlocutory decisions and final trial and appeals judgments issued by the court in the case Prosecutor v. Charles Ghankay Taylor.
Counterinsurgency as Genocidal Intent: From the Ottoman Christians to the Bosnian Muslims
According to publications and statements by the Turkish government, the question of genocide in the late Ottoman Empire is ultimately a question of intent. The Turkish Foreign Ministry, as well as many contemporary Turkish and US-based scholars, argues that Ottoman imperial leaders lacked genocidal intent during the First World War and its aftermath because Armenians, Assyrians and Greeks rebelled against the government, killed Turkish and Kurdish civilians, and survived in some areas of the empire, including Constantinople, Smyrna, Aleppo and Mosul. These factors allegedly indicate an intention on the part of Ottoman officials to engage in military operations rather than to target civilian communities for destruction. Surveying the reports of the German and Austro-Hungarian allies of the Ottomans during the war, this chapter points out that genocidal intent on the part of imperial leaders preceded the larger-scale outbreak of Armenian rebellions in the eastern Ottoman Empire. Genocidal intent, according to the ICTY's jurisprudence, is consistent with war and rebellion, and may be inferred from repeated or systematic atrocities, and expressions of a desire to seek vengeance, prior to or during a war. On the whole, the German and Austro-Hungarian diplomatic traffic, as previously argued by Vahakn Diadrian and other scholars, supports the conclusion that the Ottoman policy was disconnected from rebellious activity,dispropor-tionate in the historical context of warfare, and uniquely religious and sectarian in its motivation and execution. The chapter concludes that denialist arguments misunderstand the nature of genocide, which does not necessarily refer to the complete destruction of a group or a totally one-sided slaughter.
The Economics of Book Digitization and the Google Books Litigation
Electronic commerce is big business, and it is getting bigger: it now accounts for 7.5 percent of all retail sales in the US, and continues to expand at double-digit annual rates. The steady growth of Internet commerce over the past twenty years has given rise to a host of new legal issues in a broad range of fields. This authoritative Research Handbook comprises chapters by leading scholars in the field. Their explanations and insights will provide a solid foundation for newcomers to the subject, and will also broaden and deepen the understanding of e-commerce experts. Key topics covered include: contracting, payments, intellectual property, extraterritorial enforcement, alternative dispute resolution, social media, consumer protection, network neutrality, online gambling, domain name governance, and privacy. With the rise of Internet commerce, this book will be an invaluable resource for business lawyers as well as legal scholars with an interest in any phase of e-commerce law-- Provided by publisher.
When the UN Refuses to Prevent Genocide : Legal, Political, and Religious Factors
The Convention on the Prevention and Punishment of the Crime of Genocide was the first human rights treaty adopted by the United Nations, reflecting the global commitment to 'never again' in the wake of the Holocaust. Seven decades on, The United Nations and Genocide examines how the UN has met, and failed to meet, the commitment to 'prevent and punish' the crime of genocide. It explores why the UN was unable to respond effectively to the genocides in Cambodia, Rwanda, the Balkans and Darfur, and considers new approaches recently adopted by the UN to address genocide. This volume asks the crucial question: can the UN protect peoples from genocide in the modern world?.
United States of America
Hannibal Travis, George C. Harris, and Sabrina Larson
The banking and financial services industry is one of the largest segments of the US economy and operates in a highly complex regulatory framework at both the national and state level. The result is a dual banking system in which parallel state and federal banking systems coexist. Federal banks operate under federal charters and federal laws, while state banks operate under state charters and state laws. The two systems are, however, interrelated, and most state-chartered banks are subject to certain federal regulations, while federal banks are subject to certain ate laws. Commentators note that a benefit of the dual system is that state and national banks can innovate in the interest of customer service in spheres of different sizes, with state banks serving in a way as laboratories for new developments in bank powers, structures and consumer protection. One commentator states: “When state or national regulatory programs saw customers migrating from one charter to the other, regulators responded with measures enhancing the ability of banks to provide services that customers wanted. That is no small reason why so many innovations in bank services in the last century were developed by U.S. banks”. State law that conflicts with federal law is pre-empted under the US Constitution. Various uniform codes have been promulgated, such as the Uniform Commercial Code (UCC) and the Uniform Trust Code, as guidelines that states may adopt and modify, in an effort to promote consistency in fundamental areas of law. The restatements of law, such as the Restatement of Torts and the Restatement of Trusts; serve this function as well.
Fatal love : Spousal Killers, Law, and Punishment in the Late Colonial Spanish Atlantic
Victor M. Uribe-Uran
For historians, spousal murders are significant for what they reveal about social and family history, in particular the hidden history of day-to-day gender relations, conflicts, crimes, and punishments. Fatal Love examines this phenomenon in the late colonial Spanish Atlantic, focusing on incidents occurring in New Spain (colonial Mexico), New Granada (colonial Colombia), and Spain from the 1740s to the 1820s. In the more than 200 cases consulted, it considers not only the social features of the murders, but also the legal discourses and judicial practices guiding the historical treatment of spousal murders, helping us understand the historical intersection of domestic violence, private and state/church patriarchy, and the law.
The Uncertain Hope of Body Cameras
Police body cameras offer numerous benefits and are likely a net positive, especially with members of the public increasingly concerned about police misconduct and excessive force and increasingly armed with their own recording technology. But the public debate about body cameras must reflect the nuance and complexity of camera policy, grounded in the limitations of video evidence and the hard questions of implementation. The current discussion-in which cameras are erroneously touted as magic solutions that resolve all problems-highlights the failure to recognize that complexity. And it should prompt government officials and all other stakeholders in the public debate to take a more cautious, realistic, and, hopefully, more effective approach to body cameras and to video evidence. If there is a common lesson from Ferguson, that should be it.
The Bluebook Uncovered : A Practical Guide to Mastering Legal Citation : (Twentieth Edition of the Bluebook)
Dionne E. Anthon
"This book is designed to help first-year law students master the fundamental Bluebook citation rules that will be needed in legal research and writing courses (LRW) and in legal practice. It can also act as a Bluebook refresher for other law students, clerks, attorneys, judges, and paralegals"--P. xi.
Governance Feminism’s Imperial Misadventure: Progress International Law, and the Security of Afghan Women
Cyra Akila Choudhury
Contesting Feminisms explores how Asian Muslim women make decisions on appropriating Islam and Islamic lifestyles through their own participation in the faith. The contributors highlight the fact that secularism has provided the space for some women to reclaim their religious identity and their own feminisms. Through compelling case studies and theoretical discussions, this volume challenges mainstream Western and national feminisms that presume homogeneity of Muslim women’s lives to provide a deeper understanding of the multiple realities of feminism in Muslim communities.
El Nuevo Latinoamericanismo Jurídico
Jorge L. Esquirol
El análisis de la economía política del conocimiento jurídico pone en evidencia que el conocimiento jurídico es una forma de poder que tiene dinámicas propias e importantes implicaciones prácticas. El conjunto de normas y actividades que componen esta economía política determina cuestiones como cuáles son los objetos de estudio que se consideran valiosos en las facultades de derecho; cuáles son los contextos de producción de conocimiento jurídico que se imaginan ricos o pobres; cuál es la dirección que toma el intercambio de productos jurídicos en un mundo globalizado, y cómo se describen los aportes que hacen los países del Norte y del Sur global a las tradiciones dominantes.
Think Again : Contrarian Reflections on Life, Culture, Politics, Religion, Law, and Education
Stanley E. Fish
From 1995 to 2013, Stanley Fish's provocative New York Times columns consistently generated passionate discussion and debate. In Think Again, he has assembled almost one hundred of his best columns into a thematically arranged collection with a substantial new introduction that explains his intention in writing these pieces and offers an analysis of why they provoked so much reaction. Some readers reported being frustrated when they couldn't figure out where Fish, one of America's most influential thinkers, stood on the controversies he addressed in the essays--from atheism and affirmative action to plagiarism and postmodernism. But, as Fish says, that is the point. Opinions are cheap; you can get them anywhere. Instead of offering just another set of them, Fish analyzes and dissects the arguments put forth by different sides--in debates over free speech, identity politics, the gun lobby, and other hot-button topics--in order to explain how their arguments work or don't work. In short, these are essays that teach you not what to think but how to think more clearly. Brief and accessible yet challenging, these essays provide all the hard-edged intellectual, cultural, and political analysis one expects from Fish. At the same time, the collection includes a number of revealing and even poignant autobiographical essays in which, as Fish says, "readers will learn about my anxieties, my aspirations, my eccentricities, my foibles, my father, and my obsessions--Frank Sinatra, Ted Williams, basketball, and Jews." Reflecting the wide-ranging interests of one of today's leading critics, this is Fish's broadest and most engaging book to date.
Central Banks, Systemic Lending, and Collateral Markets
Jose M. Gabilondo
This chapter examines the evolving role that central banks play in funding private banks and, increasingly, a wider range of nonbank financial intermediaries. During periods of financial stability, the central bank may provide last resort funding to an individual bank suffering a temporary liquidity shortage due to factors specific to that bank. During a financial crisis in which it is not individual banks but, rather, a sector of the funding market that becomes illiquid, the central bank will also engage in systemic lending to help stabilize an entire sector of the financial market. Traditionally, access to the central bank’s last resort liquidity was available only to depository banks with a preexisting relationship to the central bank and with collateral that met strict guidelines. This chapter analyzes how the traditional approach to central bank funding has changed. The first part of this chapter situates last resort lending by the central bank in the context of the recent emergence of the interbank funding channel, a liquidity clearinghouse more inclusive of collateral and counterparties than the traditional money market. The second part focuses on how central banks changed their traditional approach to providing last resort lending after the 2007 liquidity break. Previous approaches had emphasized efforts to ensure that solvent banks remained liquid. This time, though, central banks served a wider range of financial intermediaries and became willing to accept as collateral a wider range of private assets, including structured finance instruments.
La Manipulación del Derecho a Través de la Agenda Social : el Caso Dos Misiones Bolivarianas
Manuel A. Gomez
La idea del derecho como instrumento no es nueva. Por mas de un siglo el derecho ha sido visto como un medio para alcanzar un fin en vez de un valor en si mismo (Gilmore, 1961) Los objetivos perseguidos por el derecho generalmente se relacionan con la consecución de propósitos ejemplares (Tamanaha, 2007) tales como la justicia (Pound, 1913), el cambio social (Ball et al, 1962) o el desarrollo económico (Garcia-Bolivar, 2008). Las formas concretas como el derecho puede ser utilizado para lograr estos objetivos son de variada índole. En terminos generales, sin embargo, los instrumentos jurídicos suelen oscilar entre dos extremos. De una parte, la ley aparece como un mecanismo que limita la conducta oficial, como una forma de facilitar la iniciativa privada y la libertad. Esto es, el derecho es concebido como una herramienta facilitadora. En el otro extremo, el derecho es visto como un instrumento de largo alcance cuya función primordial es extender la acción del estado a todos los ámbitos de la vida social, regulando la conducta y minimizando la iniciativa privada.
Cultura Jurídica y Política en Venezuela Revolucionaria (1999-2013)
Manuel A. Gómez and Rogelio Pérez Perdomo
Estudio Introductorio: Cultura Jurídica y Política en Tiempos de Chavez
Manuel A. Gomez and Rogelio Perez-Perdomo
Generalmente se admite que Venezuela inició en 1999 un nuevo período de su historia política que ha implicado cambios importantes en su sistema político, en la economía, el derecho y, en general, en la sociedad. El gobierno mismo dice que estamos viviendo una revolución socialista y que se han producido cambios capaces de producir una sociedad y un hombre nuevos. Se puede discutir que sea una revolución socialista, o aún una revolución, se podría discutir también que sea bolivariana, como inicialmente fue bautizada, pero estos no son temas que nos preocuparán en esta obra. Lo que creemos que esta fuera de duda es que ha implicado importantes cambios en la sociedad, la economía, la política y el derecho, y nos interesa especialmente detectar cuáles de esos cambios son culturales en el sentido de que no se quedan en los meros instrumentos jurídicos aprobados o las políticas públicas anunciadas, sino que afecten las valoraciones, creencias y actitudes de la población o de ciertos sectores de ella.
The Law and Politics of the Charles Taylor Case
Charles C. Jalloh
This cahpter discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who worked as an interim court-appointed defense attorney during the opening of the trial in The Hague in June 2007, is the first to comprehensively evaluate this significant international case since it concluded. I expose the numerous controversies that dogged the trial of Liberia’s former president — from the questions that arose about how best to sequence peace for Liberia and justice for Sierra Leone following the prosecution’s initial unveiling of his judicially sealed indictment through to concerns about whether he should be tried in the heart of Europe, as opposed to Africa, to the completion of appeals. I conclude that the trial of former President Taylor is significant for the SCSL because he was the most powerful suspect to be indicted by the court. Although it may be too early to draw definitive conclusions, a key lesson that we can derive for international criminal justice is that the indictment of a sitting president for international crimes may sometimes help loosen his grip on power, thereby enabling his subsequent prosecution.
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