Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative borrowing. But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Download or read book Abusive Constitutional Borrowing written by Rosalind Dixon and published by Oxford University Press. This book was released on 2021-07-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is fast globalizing as a field, and many lawyers, judges and political leaders are engaged in a process of comparative "borrowing". But this new form of legal globalization has darksides: it is not just a source of inspiration for those seeking to strengthen and improve democratic institutions and policies. It is increasingly an inspiration - and legitimation device - for those seeking to erode democracy by stealth, under the guise of a form of faux liberal democratic cover. Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy outlines this phenomenon, how it succeeds, and what we can do to prevent it. This book address current patterns of democratic retrenchment and explores its multiple variants and technologies, considering the role of legitimating ideologies that help support different modes of abusive constitutionalism. An important contribution to both legal and political scholarship, this book will of interest to all those working in the legal and political disciplines of public law, constitutional theory, political theory, and political science.

Download or read book Legal Accents Legal Borrowing written by James L. Nolan Jr. and published by Princeton University Press. This book was released on 2009-03-31 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: A wide variety of problem-solving courts have been developed in the United States over the past two decades and are now being adopted in countries around the world. These innovative courts--including drug courts, community courts, domestic violence courts, and mental health courts--do not simply adjudicate offenders. Rather, they attempt to solve the problems underlying such criminal behaviors as petty theft, prostitution, and drug offenses. Legal Accents, Legal Borrowing is a study of the international problem-solving court movement and the first comparative analysis of the development of these courts in the United States and the other countries where the movement is most advanced: England, Scotland, Ireland, Canada, and Australia. Looking at the various ways in which problem-solving courts have been taken up in these countries, James Nolan finds that while importers often see themselves as adapting the American courts to suit local conditions, they may actually be taking in more aspects of American law and culture than they realize or desire. In the countries that adopt them, problem-solving courts may in fact fundamentally challenge traditional ideas about justice. Based on ethnographic research in all six countries, the book examines these cases of legal borrowing for what they reveal about legal and cultural differences, the inextricable tie between law and culture, the processes of globalization, the unique but contested global role of the United States, and the changing face of law and justice around the world.

Download or read book Music Borrowing and Copyright Law written by Enrico Bonadio and published by Bloomsbury Publishing. This book was released on 2023-10-19 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices. Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others. This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.

Download or read book Borrowing Justification for Proportionality written by João Andrade Neto and published by Springer. This book was released on 2018-11-11 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: The proportionality test, as proposed in Robert Alexy’s principles theory, is becoming commonplace in comparative constitutional studies. And yet, the question “are courts justified in borrowing proportionality?” has not been expressly put in many countries where judicial borrowings are a reality. This book sheds light on this question and examines the circumstances under which courts are authorized to borrow from alien legal sources to rule on constitutional cases. Taking the Supreme Federal Court of Brazil – and its enthusiastic recourse to proportionality when interpreting the Federal Constitution – as a case study, the book investigates the normative reasons that could justify the court’s attitude and offers a comprehensive overview of its case law on controversial constitutional matters like abortion, same-sex union, racial quotas, and the right to public healthcare. Providing a valuable resource for those interested in comparative constitutional law and legal theory, or curious about Brazilian constitutional law, this book questions the alleged universality of the proportionality test, challenges the premises of Alexy’s principles theory, and discloses more than 68 Brazilian Supreme Court decisions delivered from 2003 to 2018 that would otherwise have remained unknown to an English-speaking audience.

Download or read book How Does Public External Debt Affect Corporate Borrowing Costs In Emerging Markets written by Oya Celasun and published by International Monetary Fund. This book was released on 2009-12-01 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using data on syndicated loan issuances by emerging market firms, we find that an increase in the external debt of emerging market governments significantly raises the borrowing costs of the domestic corporate sector. This finding suggests that a higher level of public external debt "crowds out" foreign credit to the private sector by increasing the risk of a sovereign debt crisis and thereby making exposure to corporate sector debt less desirable. The effect is stronger in countries with weak creditor rights. The results highlight the potential costs of fiscal expansions for the domestic corporate sector even when debt is issued in foreign markets.

Download or read book International Labour Review written by and published by . This book was released on 1925 with total page 946 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Borrowing Money Guide written by Joseph R. Miller and published by . This book was released on 2003 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting unbiased information about borrowing money and an understandig of the processes involved, this easy-to-read, step-by-step book will help you avoid costly credit mistakes and show you how o protect one of your most prized assets ---your credit

Download or read book Albany Law Journal written by and published by . This book was released on 1907 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Company Law written by Sir Francis Beaufort Palmer and published by . This book was released on 1921 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Current Law written by and published by . This book was released on 1904 with total page 1234 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The University Library Cambridge written by Cambridge University Library and published by . This book was released on 1895 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Borrowing to Live written by Nicolas P. Retsinas and published by Brookings Institution Press. This book was released on 2009-10-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Brookings Institution Press and Harvard University Joint Center for Housing Studies publication Americans are awash in debt, and the U.S. economy is in trouble. Credit undergirds daily life more than ever—it has become one of the defining aspects of American life, and the ramifications are becoming clearer by the day. The already considerable damage from a depressed housing market has been exacerbated by the subprime lender implosion, sending shock waves through the financial sector, international economies, and government at all levels. Most low- or moderate-income people borrow, but that should not be construed as uniformly poor judgment or lack of disciplines—Americans are not borrowing merely to keep up with the Joneses, but too often simply to stay afloat. In Borrowing to Live, the Joint Center for Housing Studies of Harvard University brings together a group of experts drawn from the best of academia, research, and public services. Together with editors Nicolas Retsinas and Eric Belsky, they dissect the worrisome current state of consumer and mortgage credit in the United States and help point the way out of the current struggles. Contributors: Michael S. Barr, Eric S. Belsky, Raphael W. Bostic, Shawn Cole, Amy Crews Cutts, Kathleen C. Engel, Ren S. Essene, Elaine Kempson, Patricia A. McCoy, William A. Merrill, Sendhil Mullainathan, Anthony Pennington-Cross, Elizabeth Renuart, Eldar Shafir, Edna R. Sawady, Jennifer Tescher, John Thompson, Peter Tufano, Susan M. Wachter

Download or read book Palmer s Company Law written by Francis Beaufort Palmer and published by . This book was released on 1905 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Canadian Company Law written by Cornelius Arthur Masten and published by . This book was released on 1901 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Military Law Review written by and published by . This book was released on 1994 with total page 1058 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Globalization and Law written by Adam Gearey and published by Rowman & Littlefield. This book was released on 2005 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand globalized law it is necessary to bring together insights gained from disparate strands of study: international political economy, economic law, human rights law, and the law of war. Focusing on WTO, the UN, the World Bank, and the IMF, Globalization and Law shows how their legal and regulatory regimes are linked to the politics of world markets. It also looks at the operation of law and economy at a national level where globalized law can be seen in action. Chapters consider the politics of oil and human rights in Nigeria, and the invasion and 'reconstruction' of Iraq. Other broad themes are also examined. Looking at the fate of people in the third world who are the subjects of economic development and development law, we can bring to light the power relationships and ideologies that are attendant on the development project. In conclusion, it is argued that we need to engage with the claims to humanity that lie behind the notion of human rights, the war against terrorism and military intervention. Globalized law raises fraught questions about the role of international regimes and the interests and values in whose name they claim to operate.