Download or read book Free Movement of Lawyers in the European Union written by Sjoerd Joseph Franciscus Johannes Claessens and published by . This book was released on 2008 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Partnership Rights Free Movement and EU Law written by Helen Toner and published by Bloomsbury Publishing. This book was released on 2004-12-21 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the case for modernising partnership rights in EC family reunification law. Existing Community law traditionally guarantees immigration rights only to spouses and yet there is a growing diversity of national laws on same-sex marriage, registered partnerships and recognition of cohabitation. The Community institutions which have recently framed new legislation seem to view this as a question that can be settled by political agreement with little or no outside constraint. The book challenges this assumption. The book outlines recent developments in national legal systems and traces the development of the recent Community legislation. Then, drawing on basic ECHR principles, the place of the ECHR in Community law, and on basic Community law principles of free movement and discrimination the book argues that the right of a migrant EU Citizen to family reunification for a cohabiting partner is presumptively protected and therefore justification for refusing to admit such partners must be provided. It also considers the possible justifications for marriage-partners only immigration policies and concludes that although possible, such justifications are far from certain to succeed. The discussion also tackles the question of whether judicial activism is appropriate or whether there should be judicial deference to the legislative process recently completed. The book concludes with a wider discussion of the proper response of Community law to the increasing diversity of Member States family laws and policies beyond the field of immigration rights. The book will be of value not only to immigration lawyers, but also to those interested in partnership rights generally, as well as to a wider audience of EU lawyers, primarily academics but also graduate students and practitioners.
Download or read book The Coherence of EU Free Movement Law written by Niamh Nic Shuibhne and published by . This book was released on 2013-08-29 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
Download or read book European Union Business Law written by Lloyd Bonfield and published by West Academic Publishing. This book was released on 2018-03-14 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the machinations accompanying the British decision to leave the European Union, the EU still remains a potent economic and political force on the international stage. American businesses, and their lawyers, cannot afford to ignore its institutions and law, because the Union is America's largest trading partner. While the book places the Union in its historical and jurisprudential context and parses its institutional and constitutional structure, its focus is squarely upon the exposition of business law. It introduces American law students and lawyers to substantive law of the Union focusing upon free movement (of goods, workers, the self-employed, cross-border service providers, business entities, and capital), competition law, merger control, state subsidies, and cross-border investment regulation. Although the presentation excerpts seminal cases in each area of business law, its format does not resemble the traditional law school casebook. The focus is upon exposition and explanation, with the authors (academics and practitioners) offering synthesis, analysis and context in each substantive area of law under observation.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 1092 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
Download or read book Cause Lawyers and Social Movements written by Austin Sarat and published by Stanford University Press. This book was released on 2006 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cause Lawyers and Social Movements seeks to reorient scholarship on cause lawyers, inviting scholars to think about cause lawyering from the perspective of those political activists with whom cause lawyers work and whom they seek to serve. It demonstrates that while all cause lawyering cuts against the grain of conventional understandings of legal practice and professionalism, social movement lawyering poses distinctively thorny problems. The editors and authors of this volume explore the following questions: What do cause lawyers do for, and to, social movements? How, when, and why do social movements turn to and use lawyers and legal strategies? Does their use of lawyers and legal strategies advance or constrain the achievement of their goals? And, how do movements shape the lawyers who serve them and how do lawyers shape the movements?
Download or read book The Legal Aid Market written by Jo Wilding and published by Policy Press. This book was released on 2023-03 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though legal aid is available for people seeking asylum, there is uneven access to advice across Britain. Based on empirical research, this book offers fresh thinking on what has gone wrong in the legal aid market. It presents a rare picture of the barristers, solicitors and caseworkers practising immigration law in charities and private firms. In doing so, this book examines supply and demand and illuminates what constitutes high-quality legal aid work/provision, subsequent conflicts with financial rationality and how practitioners resolve these issues. Challenging existing legal aid policy, this book presents innovative insights to ensure public service markets around the globe function well for all those involved.
Download or read book International Migration Law written by Vincent Chetail and published by Oxford University Press. This book was released on 2019-03-29 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.
Download or read book Lawyers as Changemakers written by J. Kim Wright and published by . This book was released on 2016 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: Integrative lawyers are the harbingers of a new cultural consciousness and are leaders in social evolution. This books describes this fundamental shift in world view, exploring and drawing upon many disciplines and wisdom traditions, such as philosophy, science, psychology, and spirituality.
Download or read book Lawyers of the Right written by Ann Southworth and published by University of Chicago Press. This book was released on 2009-08-01 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A timely and multifaceted portrait of the lawyers who serve the diverse constituencies of the conservative movement, Lawyers of the Right explains what unites and divides lawyers for the three major groups—social conservatives, libertarians, and business advocates—that have coalesced in recent decades behind the Republican Party. Drawing on in-depth interviews with more than seventy lawyers who represent conservative and libertarian nonprofit organizations, Ann Southworth explores their values and identities and traces the implications of their shared interest in promoting political strategies that give lawyers leading roles. She goes on to illuminate the function of mediator organizations—such as the Heritage Foundation and the Federalist Society for Law and Public Policy—that have succeeded in promoting cooperation among different factions of conservative lawyers. Such cooperation, she finds, has aided efforts to drive law and the legal profession politically rightward and to give lawyers greater prominence in the conservative movement. Southworth concludes, though, that tensions between the conservative law movement’s elite and populist elements may ultimately lead to its undoing.
Download or read book Free Movement of Legal Ideas written by Thomas Wilhelmsson and published by Bloomsbury Publishing. This book was released on 2024-07-11 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal book develops a new perspective on the debate concerning the Europeanisation of private law. The theory is both realistic, building on existing experience, and normative as it focuses on the future. It outlines 'good' Europeanisation in which legal sources can be used across borders; hence the free movement of legal ideas. At its core, is the analysis of the legal consequences of growing societal uncertainty and increasing use of micro-politics, leading to a situation where the law develops through small narratives rather than according to a coherent master plan. The inevitable rule of law concerns around such a development, have to be addressed by transparent legal reasoning. The author masterfully illustrates how this can be achieved in decision-making across Europe, drawing on arguments which are both substantive and authoritative in nature. He shows how all legal actors, including decision-makers and scholars, are morally responsible for the choices made. This is a fascinating intervention in the field of European private law by one of its leading authorities.
Download or read book Foundations of International Migration Law written by Brian Opeskin and published by Cambridge University Press. This book was released on 2012-09-27 with total page 495 pages. Available in PDF, EPUB and Kindle. Book excerpt: International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Download or read book Primary EU Law and Private Law Concepts written by Hans-W. Micklitz and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume focuses on the interplay between, and influence exerted on, approaches and legal concepts of private law-including property rights law-by primary EU law, particularly with internal market law. The European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. This project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It gives ground-breaking analyses of private law concepts (the person, property, contract and tort, and remedies) which are used, created, or adjusted by the Court. Each analysis is a result of obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court's case law, disconnected from national meanings of such concepts. The analysis takes as its starting point the case before continuing on to the concept, not the other way around; the cases and the facts behind the cases are the starting point. Preconceptions based on national private law systems are avoided. In addition to an introductory chapter offering broader contextual information, this volume is built around contributions covering: i) the free movement of goods (Articles 34 and 35 TFEU) and services (Article 56 TFEU); ii) the free movement of capital (Article 62 TFEU) and the freedom of establishment (Article 49 TFEU); iii) competition law (Articles 101 and 102 TFEU); iv) State aid law (Articles 107 and 108 TFEU); and v) intellectual property law. The contributions and possible conclusions were extensively discussed in two workshops held at the EUI in Florence in 2013 and at the University of Nijmegen in 2014. The editors would like to thank A. Hartkamp and the late N. Reich, who encouraged and accompanied the project with their enthusiasm and deep knowledge, and the ERC authorities. This book will be useful for academics, practitioners and students interested in EU internal market law and the relationship between primary EU law and private law. Subject: EU Law, Private Law]
Download or read book Women Business and the Law written by The World Bank and published by A&C Black. This book was released on 2013-11-07 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Women perform 66% of the world's work, produce 50% of the food, but earn 10% of the income and own 1% of the property. To shed light on why this grim statistic still holds true, Women, Business and the Law aims to examine legal differentiations on the basis of gender in 143 of the world's economies. Women, Business and the Law tracks governments' actions to expand economic opportunities for women across six key areas: accessing institutions, using property, getting a job, providing incentives to work, building credit and going to court. The report uncovers legal differentiations for women and married versus unmarried women such as being able to register a business, open a bank account and work at night. These issues are of fundamental importance. When, because of tradition, social taboos or simple prejudice, half of the world's population is prevented from making its contribution to the life of a nation, the economy will suffer. The empirical evidence does suggest that, slowly but surely, governments are making progress in expanding opportunities for women. It is our hope that data presented in Women, Business and the Law will both facilitate research on linkages between legal differentiation and outcomes for women, and promote better informed policy choices on what governments can do to expand opportunities for women.
Download or read book Lawyers as Peacemakers written by J. Kim Wright and published by American Bar Association. This book was released on 2010 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers as Peacemakers can teach lawyers new ways of finding satisfaction in thier practice and providing comprehensive, solution-focused services to clients; sometimes it's not about winning, it's about finding the best possible answer for everyone involved. These practices focus on a more holistic, humanistic, solution-based approach to resolving legal problems, an approach that many clients want and need.
Download or read book Law of the European Union written by Trevor Redmond and published by Clarus Press. This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to the core foundations of EU law, with relevant Irish examples and practices.
Download or read book The Global Clinical Movement written by Frank S. Bloch and published by . This book was released on 2011 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: Clinical legal education is playing an increasingly important role in educating lawyers worldwide. In The Global Clinical Movement: Educating Lawyers for Social Justice, editor Frank S. Bloch and contributors describe the central concepts, goals, and methods of clinical legal education from a global perspective, with a particular emphasis on its social justice mission. With chapters written by leading clinical legal educators from every region of the world, The Global Clinical Movement demonstrates how the emerging global clinical movement can advance social justice through legal education. Professor Bloch and the contributors also examine the influence of clinical legal education on the legal academy and the legal profession and chart the global clinical movement's future role in educating lawyers for social justice. The Global Clinical Movement consists of three parts. Part I describes clinical legal education programs from every region of the world and discusses those qualities that are unique to a particular country or region. Part II discusses the various ways that clinical programs and the clinical methodology advance the cause of social justice around the world. Part III analyzes the current state of the global clinical movement and sets out an agenda for the movement to advance social justice through socially relevant legal education.