Download or read book Supreme Courts Under Pressure written by Pablo Bravo-Hurtado and published by Springer Nature. This book was released on 2021-03-13 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses civil litigation at the supreme courts of nine jurisdictions – Argentina, Austria, Croatia, England and Wales, France, Germany, Italy, Spain and the United States – and focuses on the available instruments used to keep the caseload of these courts within acceptable limits. Such instruments are necessary in order to allow supreme courts to fulfil their main duties, that is, the administration of justice in individual cases (private function) and providing for the uniformity and development of the law within their respective jurisdictions (public function). If the number of cases at the supreme court level is too high, the result is undue delays, which are mainly problematic with regard to the private function. It may also put the quality of the court’s judgments under pressure, which can affect its public and private function alike. Thus, measures aimed at avoiding excessive caseloads need to take both functions into account. Increasing the capacity of the court to handle larger numbers of cases may result in the court being unable to adequately fulfil its public function, since large numbers of court decisions make it difficult to guarantee the uniformity of the law and its development. Therefore, a balanced approach is needed to safeguard capacity and quality. As shown by the contributions gathered here, the nature of reform in this area is not the same everywhere. There are a variety of reasons for this heterogeneity, ranging from different understandings of the caseload problem itself, local conceptions regarding the purpose of the Supreme Court, and strong entitlements concerning the right to appeal to budgetary restrictions and extremely rigid legislation. The book also shows that the implementation of similar solutions to case overload, such as access filters, may have different effects in different jurisdictions. The conclusion might well be that the problem of overburdened courts is multifactorial and context-dependent, and that easy, one-size-fits-all solutions are hard to find and perhaps even harder to implement.

Download or read book On Civil Procedure written by J. A. Jolowicz and published by Cambridge University Press. This book was released on 2000-02-17 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professor Jolowicz's comparative analysis of civil procedure concentrates on the purposes served by the institution of litigation rather than on the intentions of those who litigate. Stressing that those purposes go beyond mere dispute resolution by non-violent means, Jolowicz surveys a variety of topics of procedural law, making substantial use of the comparative method, in the attempt to examine and explain the ideas which underlie some of the most important of its constituent elements. In the final section, he deals with the reform of English law and ventures a prediction of the consequences that the new Civil Procedure Rules, together with the reforms which more or less immediately preceded them, will have on the character of English procedural law.

Download or read book Supreme Courts in Transition in China and the West written by Cornelis Hendrik (Remco) van Rhee and published by Springer. This book was released on 2017-02-20 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume looks at supreme courts in China and the West. It examines the differences and similarities between the Supreme People’s Court of Mainland China and those that follow Western models. It also offers a comparative study of a selection of supreme courts in Europe and Latin America. The contributors argue that the Supreme Courts should give guidance to the development of the law and provide legal unity. For China, the Chinese author argues, that therefore there should be more emphasis on the procedure for reopening cases. The chapters on Western-style supreme courts argue that there should be adequate access filters; the procedure of reopening cases is considered to be problematic from the perspective of the finality of the administration of justice. In addition, the authors discuss measures that allow supreme courts in both regions to deal with their existing caseload, to reduce this caseload, and to avoid divergences in the case law of the supreme court. This volume offers ideas that will help supreme courts in both the East and the West to remove unmanageable caseloads. As a result, these courts will be better able to assist in the interpretation and clarification of the law, to provide for legal unity, and to give guidance to the development of the law.

Download or read book Autonomous Vehicles and Civil Liability in a Global Perspective written by Hans Steege and published by Springer Nature. This book was released on with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Piercing the Corporate Veil in Latin American Jurisprudence written by Jose Maria Lezcano and published by Routledge. This book was released on 2015-12-14 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method. The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region. Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions. This book will be of great interest to scholars of company and comparative law, and business studies in general.

Download or read book Case Law in Roman Anglosaxon and Continental Law written by Mar a Jos Falc N y Tella and published by Martinus Nijhoff Publishers. This book was released on 2011-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no one definition of case law, but rather a plurality of meanings. In this respect, after an analysis of Roman iurisprudentia and Anglo-Saxon case law, this work considers the Spanish legal system, as an example of a Continental jurisdiction.

Download or read book Translation of the Law of Criminal Procedure for Cuba and Porto Rico with Spanish Text written by Cuba and published by . This book was released on 1901 with total page 766 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Translation of the Law of Criminal Procedure for Cuba and Porto Rico written by Cuba and published by . This book was released on 1901 with total page 782 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Creatures of Jurisprudence written by Edward Mussawir and published by Taylor & Francis. This book was released on 2024-09-11 with total page 163 pages. Available in PDF, EPUB and Kindle. Book excerpt: To what extent can an animal constitute a ‘juridical species’? This highly original book considers how animals have been integral to law and to legal thinking. Going beyond the traditional approaches to animal rights and the question of whether non-human animals may be considered legal ‘subjects,’ this book follows two types of animal – bears and bees – and asks what existence these species have maintained in juridical thought. Uncovering surprising roles that the animals play in the imagination of and solution to jurisprudential problems, the book offers a counter-argument to the view that juridical thought reduces one’s appreciation for the singularity and independence of their lives. It shows, rather, that the animals exert a remarkable influence on the creative dimensions of law, offering a liveliness to it that is worthy of close attention. Contributing to new directions at the intersection of jurisprudence and human–animal studies, this book will appeal to those with interests in either of these areas.

Download or read book Understanding Due Process in Non Criminal Matters written by Ricardo Lillo Lobos and published by Springer Nature. This book was released on 2022-07-20 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: How we understand what procedure is due as a fundamental or constitutional right can have a critical impact on designing a civil procedure. Drawing on comparative law and empirically oriented methodologies, in this book the author provides a thorough analysis of how procedural due process is understood both in national jurisdictions and in the field of international human rights law. The book offers a suitable due process theory for civil matters in general, assessing the different roles that this basic international human right plays in comparison with criminal justice. In this regard, it argues that the civil justice conception of due process has grown under the shadow of criminal justice for too long. Moreover, the theory answers the question of what the basic requirements are concerning the right to a fair trial on civil matters, i.e., the question of what we can and cannot sacrifice when designing a civil procedure that correctly distributes the risk of moral harm while remaining accessible to people with complex and simple legal needs, in order to reconcile the requirements of procedural fairness with social demands for justice. This book makes a valuable contribution to the field of civil justice, legal design, and access to justice by providing an empirically based normative theory regarding the right to a fair trial. As such, it will be of interest to a broad audience: policymakers, practitioners and judges, but also researchers and scholars interested in theoretical questions in jurisprudence, and those familiar with empirical legal studies, comparative law, and other socio-legal studies.

Download or read book Elihu Root Collection of United States Documents written by and published by . This book was released on 1895 with total page 778 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Future of Contract Law in Latin America written by Rodrigo Momberg and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents, analyses and evaluates the Principles of Latin American Contract Law (PLACL), a recent set of provisions aiming at the harmonisation of contract law at a regional level. As such, the PLACL are the most recent exponent of the many proposals for transnational sets of 'principles of contract law' that were drafted or published over the past 20 years, either at the global or the regional level. These include the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law, the (European) Draft Common Frame of Reference and the Principles of Asian Contract Law. The PLACL are the product of a working group comprising legal academics from Argentina, Brazil, Colombia, Chile, Paraguay, Uruguay and Venezuela. The 111 articles of the instrument deal with problems of general contract law, such as formation, interpretation and performance of contracts, as well as remedies for breach. The book aims to introduce the PLACL to an international audience by putting them in their historical and comparative context, including other transnational harmonisation measures and initiatives. The contributions are authored by drafters of the PLACL and contract law experts from Europe and Latin America.

Download or read book Bibliograf a jur dica de Am rica Latina 1810 1965 written by Alberto Villalón-Galdames and published by Editorial Jurídica de Chile. This book was released on 1969 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Disrupci n tecnol gica transformaci n y sociedad written by Juan Carlos Henao and published by Universidad Externado. This book was released on 2021-06-01 with total page 903 pages. Available in PDF, EPUB and Kindle. Book excerpt: La tercera edición de la colección "Así habla el Externado" examina el impacto que las tecnologías disruptivas y la transformación digital están teniendo sobre el conjunto de la sociedad, bajo una lente humanista e interdisciplinar, propia de nuestra institución. La Cuarta Revolución Industrial (4RI), que ha permeado todos los campos de la actividad humana y la sociedad, ofrece la inmensa oportunidad de reducir las brechas de conocimiento e ingreso económico y generar progreso social y democrático, pero puede también tener el efecto contrario. El lector y la lectora encontrarán en estos cuatro tomos reflexiones valiosas, en sus 74escritos, para comprender en todo su alcance estas innovaciones y poder contribuir así a la construcción de realidades cada vez más incluyentes y participativas. Este tomo III, titulado "Derecho, innovación y tecnología: fundamentos para una Lex Informático", tiene por objeto responder la siguiente pregunta: ¿de qué manera las nuevas tecnologías y la economía colaborativa están transformando el derecho, sus principios e instituciones? Para ello, el presente volumen estudia en detalle las promesas, retos y problemas jurídicos suscitados por la aplicación de la inteligencia artificial, el Big Data, el Blockchain y el loT en distintos ámbitos del derecho público y privado. Los diferentes capítulos presentan debates en torno a la forma en que dichas tecnologías vienen afectando profundamente al mundo del derecho, con el fin de construir un marco conceptual que no solo sirva de base para sostener una discusión académica sólidamente fundamentada sobre estos temas, sino también para despejar las dudas jurídicas que pueden existir con el fin de facilitar y acelerar el desarrollo e implementación práctica de estas tecnologías, así como de contribuir a orientar la agenda académica sobre estos asuntos en América Latina.

Download or read book The Investor State Dispute Settlement System written by Alan M. Anderson and published by Kluwer Law International B.V.. This book was released on 2020-11-27 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: Investor-State disputes are increasing and damage awards are often significant. It is thus no surprise that the investor-State dispute settlement (ISDS) system has come under scrutiny. Perceptions have arisen that ISDS is inconsistent, lacks transparency, and is simply unfair. This book delves into the ongoing worldwide debate and discussions regarding the ISDS system. Drawing contributors from around the world, the authors provide insights on critical topics and address the key question facing the ISDS system and the international community it serves: Should the present ISDS system be reformed, replaced, or simply remain as is? The contributors represent points of view ranging from academia to practice to governmental entities, addressing such topics as: the possible consequences of wholesale replacement or elimination of the current ISDS system; mediation as an alternative to resolve ISDS disputes; the creation of a multinational investment court or appellate review mechanism; lack of an early dismissal mechanism to eliminate meritless claims; issues regarding arbitrators, including their appointment and ethical obligations; how investors may retain their right to pursue claims for violations of investment protection following termination of an agreement; a State’s right to assert a counterclaim against an investor-claimant; the role of ISDS in promoting and protecting renewable energy production; the liability of State-controlled entities; the effects and implications of third-party funding; the duty to mitigate damages in the light of excessive damages awards; and improvements and issues relating to post-award enforcement, duration, and cost of ISDS. This book considers the ongoing deliberations and reform measures proposed by UNCITRAL’s Working Group III and provides insights into how several geographic regions and economic cooperation areas have sought to address the question of reform of the ISDS system, including the European Union, the Middle East, and the new United States-Mexico-Canada Agreement. With its much-needed and deeply informed balancing of investor and State rights and duties, this book will be welcomed by all who practise in the ISDS field, including arbitrators, State governments and non-governmental organizations, regional economic organizations, and international investors.

Download or read book Proceedings of the Eighth American Scientific Congress Held in Washington May 10 18 1940 Under the Auspices of the Government of the United States of America written by Paul Henry Oehser and published by . This book was released on 1941 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Actas del Octavo Congreso Cient fico Americano written by and published by . This book was released on 1941 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: