Download or read book Judicial Reliance on Foreign Law written by United States. Congress and published by Createspace Independent Publishing Platform. This book was released on 2017-12-15 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial reliance on foreign law : hearing before the Subcommittee on the Constitution of the Committee on the Judiciary, House of Representatives, One Hundred Twelfth Congress, first session, December 14, 2011.
Download or read book Judicial Reliance on Foreign Law written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2012 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Reliance on Foreign Law written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2012 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Judicial Cosmopolitanism written by Giuseppe Franco Ferrari and published by BRILL. This book was released on 2019-09-24 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial Cosmopolitanism: The Use of Foreign Law in Contemporary Constitutional Systems offers a detailed account of the use of foreign law by supreme and constitutional Courts of Europe, America and East Asia.
Download or read book The Court and the World written by Stephen Breyer and published by Vintage. This book was released on 2016-08-23 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by . This book was released on 2006 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: Your next course in foreign relations law can be as riveting as tomorrow's headlines when you adopt this timely revision. FOREIGN RELATIONS LAW: Cases and Materials, Second Edition, provides an up-to-the-minute examination of the constitutional and statutory law that regulates the conduct of contemporary U.S. foreign relations. The book features extensive coverage of current controversies, such as: The scope of the President's war powers, including his powers in the war on terrorism the relationship between national foreign affairs powers, including the treaty power, and structural principles of federalism and separation of powers the validity of executive agreements the status of customary international law in the U.S. legal system, including its role in international human rights litigation in U.S. courts judicial reliance on foreign and international materials to interpret the Constitution the relationship between international tribunals and U.S. decisionmaking structures, including issues of delegation of authority and international comity extraterritorial application of federal law the authors stimulate understanding through: a mix of leading cases and non-case materials, such as excerpts of statutes, treaties, and Executive Branch pronouncements abundant notes and questions for each topic, including rich discussions of historical background, other relevant cases, and academic debates a cohesive theoretical framework that illuminates the increasingly important intersection between international law and U.S. domestic law; the importance of constitutional structure in regulating foreign affairs; the relevance of history to modern controversies; the ways the constitutional law of foreign affairs is often developed outside the courts; And The significance of the increasingly blurred line between domestic and foreign affairs Thoroughly updated, The Second Edition offers: broader coverage of the war on terrorism, including detailed treatment of the Executive's power to target, detain, and try terrorist enemy combatants excerpts of recent Supreme Court decisions, including Hamdi v. Rumsfeld (concerning the military detention of a U.S. citizen as an enemy combatant), Sosa v. Alvarez-Machain (the scope of human rights litigation under the Alien Tort Statute), Altmann v. Republic of Austria (the retroactive application of the Foreign Sovereign Immunities Act), and American Ins. Assiquest;n v. Garamendi (the preemptive effect of executive agreements) condensed coverage of foreign sovereign immunity, now divided between Chapter 2 on the role of the courts in foreign affairs and Chapter 7 on international human rights litigation, integrating the material with related topics and making it easier to teach a revised Teacher's Manual with additional syllabi, a new section of sample exams, and answers to all the questions in the casebook
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Foreign Relations Law written by Curtis A. Bradley and published by Aspen Publishers. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading casebook in foreign relations, Foreign Relations Law: Cases andExamples, examines the constitutional and statutory law that regulates theconduct of contemporary U.S. foreign relations. Using a compelling mix of caseand noncase materials, Bradley and Goldsmith focus on U.S. affairs abroad andinternational cases in which the U.S. exercises jurisdiction. Its extensivecoverage of contemporary legal controversies and the grey areas betweeninternational and domestic affairs make this casebook a perennial favorite.The Fourth Edition has been updated to include the resounding effectsthe "war on terror" is having on all aspects of foreign relations policy andthe laws relating to detention, interrogation, surveillance, state secrets,habeas corpus and target killing. The impacts of recent events, such as U.S.military involvement in Libya, are given thorough treatment. New court casesaffecting habeas corpus and non-U.S. citizens, the president's authority todetain alleged terrorists, and immunity for foreign officials in civil suitsare also included. In addition, there is new section on legal regulation ofCIA covert operations and clandestine operations by the U.S. military.Hallmark features of Foreign Relations Law:Extensive coverage of contemporary foreign relations law controversies,including:The scope of the president's war powers and the validity ofexecutive agreements.The legal framework for the post-September 11 "war on terrorism."Judicial reliance on foreign and international materials to interpretthe Constitution.Extraterritorial application of federal law.The relationship between national foreign affairs powers, including thetreaty power, and structural principles of federalism and separation of powers.The status of customary international law in the U.S. legal system,including international human rights litigation in U.S. courts.Cohesive theoretical framework that illuminates:The increasing importance of the intersection between international law andU.S. domestic law, and the blurred line between domestic and foreign affairs.The importance of constitutional structure in regulating foreign affairs.The historical relevance of modern controversies.The ways constitutional law on foreign affairs is often developed outsidethe courts.Detailed Teacher's ManualExtensive Notes and Questions for each topicCompelling mix of cases and noncase materialsThe revised Fourth Edition includes:New section on legal regulation of covert operations by the CIAand clandestine operations by the U. S. military.Revision of the war powers material to include recent developments,including U.S. military operations in Libya, and issues andthe debate surrounding the war on terrorism.Discussion of recent war on terror decisions by the D.C. Circuit andthe D.C. District Court, including Al-Bihani v. Obama, Maqaleh v.Gatesand Al-Aulaqi v. Obama.Excerpt from U.S. Supreme Court's decision in Samantar v. Yousuf,concerning immunity of foreign officials in civil suits brought inU.S. Courts.Excerpt of Second Circuit's decision in Kiobel v. Royal DutchPetroleum Co., concerning the ability of human rights victims tosue corporations under the Alien Tort Statute.Notes and Questions
Download or read book House Hearing 112th Congress written by U.S. Government Printing Office (Gpo) and published by BiblioGov. This book was released on 2013-08 with total page 122 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Government Printing Office (GPO) was created in June 1860, and is an agency of the U.S. federal government based in Washington D.C. The office prints documents produced by and for the federal government, including Congress, the Supreme Court, the Executive Office of the President and other executive departments, and independent agencies. A hearing is a meeting of the Senate, House, joint or certain Government committee that is open to the public so that they can listen in on the opinions of the legislation. Hearings can also be held to explore certain topics or a current issue. It typically takes between two months up to two years to be published. This is one of those hearings.
Download or read book Reclaiming Democracy written by and published by . This book was released on 2007 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is it appropriate for courts to cite foreign law and international law in domestic constitutional cases? The starting point of the passionate debate around this question is the thus-unexplored assumption that reference to foreign law is inevitably in tension with the value of national sovereignty. This essay questions this assumption of tension. It argues that for courts in most democratic countries -- even if not for U.S. courts at present -- referring to foreign and international law has become an effective instrument for empowering the domestic political processes by shielding them from external economic and political pressures. This essay demonstrates that in recent years, courts in several democracies have begun to engage quite seriously in the interpretation and application of international law and to heed to the constitutional jurisprudence of other national courts. This essay argues that this emerging jurisprudence is part of a reaction to the forces of globalization that are placing increasing pressure on governments and legislatures to conform to global standards. The courts seek to expand the space for domestic deliberation and to strengthen the ability of national governments to withstand the pressure brought to bear by interest groups and powerful foreign governments. For this strategy to succeed, courts need to forge a united judicial front. This entails coordinating their policies with equally positioned courts in other countries, through the common language of international law and comparative constitutional law. The analysis also explains why the U.S. Supreme Court, which so far was not required to protect domestic political process from external pressures, is still not a part of this collective effort. Finally, and based on this insight into the driving force behind reliance on foreign law, the essay asserts that recourse to these sources is perfectly legitimate from a democratic theory perspective, as it aims to reclaim democracy from the debilitating grip of globalization.
Download or read book The Law Market written by Erin A. O'Hara and published by Oxford University Press. This book was released on 2009-02-09 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today, a California resident can incorporate her shipping business in Delaware, register her ships in Panama, hire her employees from Hong Kong, place her earnings in an asset-protection trust formed in the Cayman Islands, and enter into a same-sex marriage in Massachusetts or Canada--all the while enjoying the California sunshine and potentially avoiding many facets of the state's laws. In this book, Erin O'Hara and Larry E. Ribstein explore a new perspective on law, viewing it as a product for which people and firms can shop, regardless of geographic borders. The authors consider the structure and operation of the market this creates, the economic, legal, and political forces influencing it, and the arguments for and against a robust market for law. Through jurisdictional competition, law markets promise to improve our laws and, by establishing certainty, streamline the operation of the legal system. But the law market also limits governments' ability to enforce regulations and protect citizens from harmful activities. Given this tradeoff, O'Hara and Ribstein argue that simple contractual choice-of-law rules can help maximize the benefits of the law market while tempering its social costs. They extend their insights to a wide variety of legal problems, including corporate governance, securities, franchise, trust, property, marriage, living will, surrogacy, and general contract regulations. The Law Market is a wide-ranging and novel analysis for all lawyers, policymakers, legislators, and businesses who need to understand the changing role of law in an increasingly mobile world.
Download or read book Legal Opinions in International Transactions written by International Bar Association. Subcommittee on Legal Opinions and published by Springer. This book was released on 1989-10-30 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Sources of International Law written by Martti Koskenniemi and published by Routledge. This book was released on 2017-07-05 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of essays on the various aspects of the legal sources of international law, including theories of the origin of international law, explanation of its binding force, normative hierarchies and the relation of international law and politics.
Download or read book International Law in Domestic Courts written by André Nollkaemper and published by . This book was released on 2018 with total page 769 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.
Download or read book Private International Law in Commonwealth Africa written by Richard Frimpong Oppong and published by Cambridge University Press. This book was released on 2013-09-12 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive and in-depth analysis of how courts in the countries of Commonwealth Africa decide claims under private international law.
Download or read book Political Judging written by Montré Denise Carodine and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court's recent reliance on foreign precedent to interpret the Constitution sparked a firestorm of criticism and spawned a rich debate regarding the extent to which U.S. courts should defer to foreign law when developing U.S. constitutional norms. This article looks at a subset of the issue of deference to foreign law and international influences in judicial decision making: the extent to which our courts should apply American notions of due process in determining whether to recognize and enforce judgements obtained abroad. Courts reviewing foreign judgements to determine whether they are worthy of recognition have created an international due process analysis. The analysis requires courts to pass judgement on the overall judicial and political systems of the countries from which the judgements originated and to determine whether the systems as a whole are fundamentally fair. Remarkably, courts ignore the individual proceedings that resulted in the judgement and refuse to determine whether the foreign courts afforded the individual litigants due process, relying instead on political evidence and judges' own personal preceptions of the foreign countries. Courts have gone so far as to label civilized and uncivilized. Under this analysis, courts will enforce judgements from civilized nations that violate U.S. constitutional norms and refuse to enforce judgements from uncivilized countries even if the foreign countries afforded the litigants due process. This article argues that the international due process analysis violates the separation of powers because it requires courts to make foreign policy. This article also re-envisions an international due process analysis that would require courts to assess - according to American notions of due process - the particular foreign proceedings in which judgements sought to be recognized and enforced were rendered.
